Addiction

The accused, a police officer, pleaded guilty to impaired driving and dangerous driving.

The court imposed a $3,000 fine, an 18-month driving prohibition, and 18 months probation with conditions including mandatory attendance at counselling and rehabilitative programs.

The sentencing emphasized the seriousness of impaired driving, the aggravating factors (police officer status, prior suspended sentence, accident involvement), and the mitigating factors (guilty plea, 169 days sobriety, participation in AA, genuine remorse, and steps taken toward rehabilitation).

The accused pleaded guilty to aggravated assault and assault causing bodily harm following an unprovoked attack on two strangers outside a Tim Hortons coffee shop in Richmond Hill.

The offender stabbed both victims with a blade, causing serious injuries including stab wounds to vital organs.

The court imposed an 18-month custodial sentence for aggravated assault and a concurrent 6-month sentence for assault causing bodily harm, with credit for pretrial custody, lockdowns, and restrictive bail conditions.

The court also imposed a lifetime weapons prohibition, DNA order, and non-communication order.

The accused pleaded guilty to trafficking cocaine and possession of cocaine for the purpose of trafficking.

Over a three-year period, the accused developed a serious cocaine addiction that led him to sell cocaine to an undercover officer on four separate occasions, totalling approximately 30 grams, with additional cocaine found in his residence.

The accused successfully completed a residential addictions treatment program prior to sentencing and demonstrated genuine rehabilitation.

The court imposed a sentence of 90 days incarceration to be served intermittently, along with one year of probation, finding that while incarceration was necessary, the accused's exceptional rehabilitative efforts and demonstrated sobriety warranted a departure from the standard sentencing range for cocaine trafficking.

The appellant sought leave to appeal a sentence of 26 months imprisonment, less four months credit for pre-trial custody, plus two years' probation for possession of hydromorphone for the purpose of trafficking.

The appellant argued the sentence was excessive given the small quantity of drugs, his addiction status, and rehabilitation efforts.

The Court of Appeal dismissed the appeal, finding the sentencing judge properly considered all relevant factors, including the appellant's addiction and rehabilitation attempts, but reasonably concluded that exceptional circumstances did not exist.

The court noted the appellant had failed to complete a residential treatment program, continued using opiates, committed further offences while on bail, and failed to appear for sentencing.

The accused was convicted of possession of crack cocaine for the purpose of trafficking (not for commercial purpose) contrary to s. 5(2) of the Controlled Drugs and Substances Act and breaching a probation order contrary to s. 733.1 of the Criminal Code.

The sentencing hearing considered the accused's personal background, including ADHD and learning disabilities diagnosed at a young age, exposure to racism, family instability, and addiction issues.

The court rejected the Crown's submission that the accused's incomplete participation in rehabilitation programming should be treated as an aggravating factor.

The court imposed a sentence of 7 months imprisonment (with credit for pre-trial custody and residential programming already served), followed by 18 months of probation with conditions including drug counselling, school attendance or employment, and community service.

A mandatory lifetime firearms prohibition was imposed.

The accused pleaded guilty to possession of opium for the purpose of trafficking.

The Crown sought 12 months imprisonment plus ancillary orders, while the defence sought 90 days.

The court imposed a 90-day intermittent sentence, finding that while denunciation and deterrence are important, rehabilitation of an addict-trafficker serves the public interest.

The court considered the accused's significant rehabilitative efforts, including methadone treatment and counselling, his lack of prior record, and the collateral consequences of deportation as a permanent resident.

The sentence was balanced to achieve custodial accountability while preserving ongoing addiction treatment.

The offender pleaded guilty to two counts of robbery and agreed that facts related to a third robbery count could be considered in sentencing.

Over four days in April 2018, the offender committed three bank robberies using note-passing methods without weapons or disguises, obtaining modest amounts of cash.

The court imposed a global sentence of six years imprisonment with concurrent sentences on the two guilty counts, applying principles of denunciation, general deterrence, and public protection while considering mitigating factors including the offender's guilty plea, addiction and mental health issues, and prospects for rehabilitation.

The applicant child welfare agency brought a motion for summary judgment in a child protection application concerning twin infants born prematurely and testing positive for amphetamine and methamphetamine at birth.

The parents did not respond to the motion.

The court found a prima facie case of risk based on the mother's untreated addiction history and the father's inadequate addiction treatment.

The court granted an order for extended society care (Crown wardship) with placement in a kinship home.

The court declined to grant access to the parents, finding that while the parents demonstrated warmth and affection during supervised visits, the unresolved addiction issues and lack of meaningful progress toward rehabilitation made ongoing access not in the children's best interests.

Two child protection cases were heard on the same date following the proclamation of the Child, Youth and Family Services Act, 2017 into force on April 30, 2018.

The first case involved an 11-year-old autistic child brought into care due to the mother's inability to manage significant behavioural problems.

The second case involved an infant under two months old brought into care due to the mother's mental health concerns.

Both cases were at the case conference stage with adjournments granted to allow the Children's Aid Societies to develop service plans consistent with the new statutory purposes and to report back to the court.

The defendant pleaded guilty to theft over $5,000 of prescription medication from her employer pharmacy and possession for the purpose of trafficking in Schedule 1 opioid substances (fentanyl, hydromorphone, and oxycodone).

Between August and December 2016, she stole over 16,000 prescription pills and 670 fentanyl patches valued at approximately $33,724.73 to the pharmacy and $850,000-$900,000 on the street.

She traded or bartered the stolen drugs to her drug dealer for cocaine to feed her addiction.

The court imposed a six-year penitentiary sentence, balancing the serious aggravating circumstances (breach of trust, prior similar conviction, commercial element, dangerous opioids) against mitigating factors (guilty plea, genuine remorse, significant rehabilitation efforts, first penitentiary sentence).

The accused was convicted of trafficking in fentanyl powder following a controlled drug transaction.

The sentencing decision addresses the serious dangers of powdered fentanyl trafficking, the accused's lengthy criminal history involving violence, firearms, and drugs, and his status as both an addict and a commercial trafficker.

The court imposed a sentence of 6 years less pre-trial custody, emphasizing denunciation and deterrence as dominant sentencing objectives given the public health crisis created by fentanyl trafficking.

The accused pleaded guilty to possession of cocaine for the purpose of trafficking (1.59 grams for $240 on March 23, 2016).

The Crown and defence agreed the accused was a drug addict but disagreed on whether he was an "addict-trafficker." The court found the accused was an addict-trafficker who sold small quantities of cocaine to feed his own addiction rather than for profit.

The court imposed a suspended sentence with two years' probation, finding this an exceptional case where a non-custodial sentence was appropriate given the accused's strong rehabilitative efforts, stable employment, family support, and successful completion of methadone treatment with clean urine samples.

The court also imposed a 10-year firearms prohibition and a DNA order.

The defendant pleaded guilty to robbery contrary to s. 344 of the Criminal Code.

He accosted an 81-year-old woman at an automated banking machine on Yonge Street in Richmond Hill, used force to rob her of approximately $500, and damaged her eyeglasses valued at approximately $500.

The court imposed a sentence of 6 months imprisonment, less credit for 108 days of presentence custody (credited at 1.5 days per day for a total of 162 days), leaving 18 days to be served.

The defendant was also placed on probation for 36 months with conditions including substance abuse counselling, a no-contact order with the victim, a 100-metre distance restriction, restitution of $1,000, and a 10-year weapons prohibition.

The defendant, a 47-year-old man with a previously clean record, was sentenced for trafficking in fentanyl patches.

Following a workplace electrocution eight years prior, the defendant was lawfully prescribed fentanyl for pain management.

He became addicted to the drug, abused his prescription by chewing used patches, and gave patches to his brother-in-law who was experiencing severe back pain.

To cover his tracks, he fabricated fake used patches.

The defendant pleaded guilty to trafficking.

The Crown sought a penitentiary sentence of three to four years.

The court imposed a suspended sentence with three years of probation, 100 hours of community service, and various conditions including substance abuse counselling and a weapons prohibition.

The accused pleaded guilty to assault causing bodily harm and breach of a peace bond.

The Crown sought a 30-day jail sentence followed by two years of probation.

The defence sought a conditional discharge with probation, emphasizing the accused's youth, lack of criminal record, and significant rehabilitative efforts.

The court imposed a conditional discharge with two years of probation, finding that while general deterrence typically militates against discharge in cases of violence, the exceptional circumstances—including the accused's youth, genuine remorse, substantial steps toward rehabilitation addressing underlying addiction and mental health issues, and the disproportionate impact of a conviction on future employment—warranted a discharge as not contrary to the public interest.

The offender pleaded guilty to possession of 81 grams of cocaine for the purpose of trafficking contrary to the Controlled Drugs and Substances Act and possession of proceeds of crime under $5000 contrary to the Criminal Code.

The offender was a street-level dealer and addict who had no prior criminal record.

The court imposed a nine-month custodial sentence for the trafficking count and an 18-month concurrent conditional sentence for the proceeds count, followed by 12 months of probation.

The court emphasized that while deterrence and denunciation are important principles in drug trafficking cases, rehabilitation remains significant, particularly for first-time offender addicts.

The court rejected the Crown's initial position of 30 months imprisonment and instead imposed a more lenient sentence that reflected the offender's status as a street-level dealer motivated by addiction rather than greed, his genuine efforts at rehabilitation post-arrest, and his improved family circumstances.

A physician pleaded guilty to uttering forged prescriptions, theft of prescription forms, possession of hydromorphone for trafficking, and fraud involving the Ontario Drug Benefit Program.

The offences occurred between January 2012 and August 2014.

The accused was a family physician struggling with severe substance addiction who obtained controlled substances through forged prescriptions and fraudulently claimed reimbursement from government drug plans.

The court imposed a two-year penitentiary sentence followed by three years' probation, balancing denunciation and deterrence against rehabilitation and the accused's genuine efforts to address her addiction.

The defendant was sentenced for multiple counts of residential break and enter.

The court imposed a 21-month custodial sentence (net 15 months and 10 days after pre-sentence custody credit) followed by three years probation.

The sentence balanced denunciation and public protection with the defendant's personal circumstances, including her late-onset criminal activity (beginning at age 49-50), underlying heroin addiction, and lack of prior record before 2007.

The court rejected a conditional sentence as inappropriate given the number of residences involved and the serious impact on victims.

Probation conditions included non-association orders, geographic restrictions, mandatory substance abuse and counselling programs, restitution obligations, weapons prohibition, and DNA sampling.

Victim surcharges of $1,000 were imposed with five years to pay.

The offender, a pharmacy assistant with no criminal record, pleaded guilty to one count of theft over and three counts of trafficking in Schedule I substances (oxycodone, hydromorphone, and fentanyl).

She stole prescription drugs from her employer and provided them to an associate.

The Crown sought a penitentiary sentence of 4-5 years, while the defence sought a 2-year conditional sentence.

The court imposed a 30-month penitentiary sentence, finding that while significant mitigating factors existed, the serious nature of the drugs, the substantial quantities involved, the breach of trust, and the ongoing course of conduct warranted incarceration.

The court rejected a conditional sentence despite the offender's remorse, family support, and efforts to address her addiction.

The accused was convicted after a summary trial of three counts of assault, one count of forcible confinement, one count of threatening bodily harm, and one count of failing to comply with probation.

All offences occurred on May 4, 2012, and involved a series of altercations between the accused and his wife.

The accused had a lengthy criminal record documenting predisposition for violence towards intimate partners, with four prior domestic violence convictions since 2004.

The court imposed an 18-month jail sentence, the maximum available, along with three years of probation with strict conditions including no contact with the victim, mandatory counselling for substance abuse, anger management, and domestic violence, and a strong recommendation for residential treatment.