Kathleen Crocket McNair

David H. Whetham was sentenced for eight criminal charges, including possession of fentanyl, methamphetamine, cocaine, and hydromorphone for the purpose of trafficking, as well as multiple firearms offences (possession of a loaded prohibited firearm, possession while prohibited, careless storage) and possession of identity documents.

The offences occurred while the accused was subject to a prior weapon prohibition order.

A Charter breach (sections 8 and 9) was found regarding the search warrant that led to the seizure of evidence, but the evidence was admitted under section 24(2) of the Charter.

The court considered aggravating factors such as the accused's related criminal record and the dangerous combination of drugs and firearms, and mitigating factors including a challenging childhood, substance abuse issues, and the Charter breach.

The Crown sought a 10-year sentence, while the defence proposed 6 years (net 5).

The court imposed a total sentence of 8 years imprisonment, with 67 months remaining after accounting for 29 months of pre-sentence custody credit, emphasizing denunciation and deterrence, particularly for fentanyl trafficking.

Concurrent sentences were imposed for the other charges, along with life and 10-year weapon prohibition orders, secondary DNA orders, and a forfeiture order.

The accused brought an application to exclude evidence under sections 8, 9, and 24(2) of the Canadian Charter of Rights and Freedoms, arguing that a search warrant for his residence and his subsequent arrest lacked reasonable grounds.

The court found that the accused's Charter rights under sections 8 and 9 were violated due to insufficient grounds in the heavily redacted Information to Obtain and lack of reasonable grounds for arrest.

However, applying the R. v. Grant analysis, the court determined that while the impact on the accused's privacy was significant, the seriousness of the police conduct was weak, and society's interest in an adjudication on the merits for serious charges (including possession of a loaded prohibited firearm and trafficking fentanyl) outweighed the Charter breaches.

The application to exclude evidence was dismissed.

Subsequently, the court found the accused guilty on all eight charges, concluding that the prosecution proved beyond a reasonable doubt that the accused had knowledge and control over the seized items, particularly given the distinctive safe key found on his person.