Cocaine

This decision concerns a four-day judge-alone trial in which Tremar Ellis was charged with possession of cocaine for the purpose of trafficking and possession of property obtained from the proceeds of crime.

The police executed a search warrant at a residence and found Ellis in a basement bedroom with cocaine and cash.

After considering the evidence, including testimony from Ellis and Laura Robinson, the court found reasonable doubt as to Ellis’s knowledge and control of the drugs and cash, concluding that they likely belonged to Tyler Robinson.

Ellis was acquitted of all charges.

This decision addresses the issue of reasonable and probable grounds (RPG) for arrest and demand in a drug-impaired driving case.

The court found that Officer Accursi had both subjective and objectively reasonable grounds to arrest Dalton Powell based on observations corroborated by a civilian witness and body camera footage.

The accused's Charter s. 8 and s. 9 rights were found not to be violated, including an overholding claim where the accused was detained for approximately six hours after the initial arrest.

The court also found the Crown proved impairment beyond a reasonable doubt based on officer observations, Drug Recognition Expert (DRE) testing, and urinalysis results.

The court sentenced Tahir Ali for multiple drug trafficking offences, including fentanyl, methamphetamine, cocaine, oxycodone, and benzodiazepine, as well as possession of ammunition while subject to a weapons prohibition.

The decision reviews the devastating impact of the opioid crisis on individuals, families, and Indigenous communities in Grey-Bruce, Ontario.

The court considered aggravating and mitigating factors, including Ali’s prior record, health, and time spent in lockdown.

Drawing on recent appellate guidance, the court imposed a global sentence of 10 years for the drug offences and a consecutive 6-month sentence for the weapons prohibition breach, less credit for pre-trial custody.

The Ontario Court of Justice found that the police lacked objectively reasonable grounds to arrest Blake Correia and Tabatha Hamilton for possession for the purpose of trafficking, resulting in breaches of their section 8 and 9 Charter rights.

The court excluded all evidence seized pursuant to section 24(2) of the Charter, including cocaine, methamphetamine, and other items.

The decision emphasizes the necessity for specific and detailed evidence regarding police experience and the factual basis for reasonable grounds to arrest, particularly in drug trafficking investigations involving surveillance.

The court considered whether Hady Delgado was in constructive or joint possession of drugs and cash found in a bedroom he shared with his brother.

The evidence was circumstantial, and the court found that while there was a strong inference of knowledge, there was a reasonable alternative inference that the drugs belonged to Jersey Delgado and were in the room without Hady's knowledge.

The court was not satisfied beyond a reasonable doubt that Hady was in possession and acquitted him on all counts.

The Ontario Court of Justice dismissed all trafficking and conspiracy charges against Arvin Esguerra Cruz, finding the Crown's case rested primarily on his presence at the scene of drug transactions without direct evidence of participation.

Despite surveillance and circumstantial evidence linking Cruz to the vicinity of two drug transactions on July 26 and September 5, 2023, the court held that mere presence and timing were insufficient to infer guilt beyond speculation.

The Crown failed to establish that Cruz aided, abetted, or conspired in the offences, and no evidence linked him to the drugs, communications, or planning.

The decision underscores the evidentiary threshold required to move beyond "mere presence" in drug trafficking prosecutions.

The appellant was convicted of importing a controlled substance (cocaine) and sentenced to six years' imprisonment.

He appealed both his conviction and sentence.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's decision to exclude a prior exculpatory statement under the Edgar exception, the application of the W.(D.) analysis, or the treatment of circumstantial evidence.

The court also dismissed the sentence appeal, affirming the trial judge's imposition of a sentence at the low end of the established range for cocaine importation, and clarified the reconciliation of the Cunningham sentencing range with the proportionality principles emphasized in Parranto.

The defendant was charged with possession of cocaine for the purposes of trafficking.

The Crown's case relied on circumstantial evidence, including the defendant operating his vehicle where cocaine was found in the centre console.

The court applied the principles of reasonable doubt and constructive possession, emphasizing that vehicle ownership does not create a presumption of knowledge or possession.

Due to numerous gaps in the prosecution's evidence, including lack of forensic links, inconsistent vehicle control, and insufficient investigation into other potential users, the court found reasonable doubt regarding the defendant's knowledge and control of the cocaine.

The defendant was acquitted.

Raphael Sosa pleaded guilty to trafficking cocaine, possession of proceeds, and possession of a loaded firearm.

The court considered his extreme youth (18 at the time of offences), lack of criminal record, and significant rehabilitative efforts since arrest, including completing high school and securing employment.

Despite the seriousness of the combined offences, which typically warrant a 3-5 year sentence, the court found that his exceptional circumstances warranted a conditional sentence of two years less a day, followed by two years of probation, along with ancillary orders.

Melanie Pereira was found guilty of conspiracy to traffic cocaine, conspiracy to traffic fentanyl, and possession for the purpose of trafficking in both drugs.

The court considered aggravating factors, including the significant amounts of fentanyl and cocaine, and mitigating factors, such as her status as a first offender, her remorse, and the impact of incarceration on her two young children.

The Crown sought an eight-year sentence for fentanyl and a 5-6 year concurrent sentence for cocaine, while the defence sought a reformatory sentence of two years less a day.

The court sentenced Ms. Pereira to 60 months (5 years) imprisonment for each count, to be served concurrently, along with a 10-year section 109 order and a DNA order.

Michael Trevor Samuels was convicted after trial of possession for the purpose of trafficking in cocaine and crystal methamphetamines, and failing to comply with a release order.

The Crown sought a 3 to 3.5 year penitentiary sentence, while the defence sought a time-served disposition, arguing for additional credit due to harsh pre-sentence custody conditions and systemic anti-Black racism.

The court found Samuels to be a commercial trafficker with an extensive criminal record for similar offences, not an addict-trafficker.

The court imposed a total sentence of two years in the penitentiary, followed by a three-year probation order, considering the gravity of the offences, the offender's moral blameworthiness, and the need for denunciation and deterrence, while also acknowledging the harsh pre-sentence custody conditions.

The defendant was charged with multiple drug and driving offences following a police pursuit.

The court determined the defendant was the driver of the vehicle.

The defendant was convicted of possession of fentanyl, possession of fentanyl for the purpose of trafficking, dangerous driving, and flight from police.

Acquittals were entered for public mischief, possession of cocaine, heroin, and oxycodone, and possession of cocaine and heroin for the purpose of trafficking, primarily due to insufficient evidence of the defendant's knowledge and control over substances found in other locations or misidentification of the substance.

Winston Walters pleaded guilty to five offences, including two counts of possession of cocaine for the purpose of trafficking, possession of proceeds of crime, possession of a restricted firearm with readily accessible ammunition, and breach of a release order.

The prosecution sought a global sentence of eight years, while the offender requested time served (credited as three years) with potential probation or a conditional sentence.

The court considered the circumstances of the offences, the offender's background, pre-trial detention conditions, and established sentencing ranges for drug and firearm offences.

The court rejected the defence's argument that anti-Black racism mitigated the offender's blameworthiness due to a lack of specific evidence connecting systemic racism to his criminality.

The judge imposed a global sentence of eight years, comprising three years for the gun offence (credited as time served plus one day) and five years consecutive for the drug offences, with concurrent sentences for proceeds of crime and breach of bail.

The accused, Gilbert Anishnabie, pleaded guilty to possession for the purpose of trafficking fentanyl and cocaine.

The sentencing hearing was delayed due to the COVID-19 pandemic and the accused's participation in a residential treatment program.

The court considered Gladue factors, a sentencing circle, and the accused's personal circumstances, including his Indigenous background, learning disability, and efforts towards rehabilitation.

Despite the Crown seeking a 4-year penitentiary sentence, the defence sought a conditional sentence.

The court found the facts distinguishable from other fentanyl trafficking cases, noting the offender's lack of knowledge regarding fentanyl and his low degree of responsibility.

A conditional sentence of two years less one day, followed by two years probation, was imposed, emphasizing rehabilitation, denunciation, and deterrence, and addressing the systemic over-incarceration of Aboriginal people.

The defendant, Thanh Hai Lu, was convicted of multiple commercial-level drug trafficking offences involving cocaine, fentanyl, fentanyl/heroin, MDMA, and ketamine.

The court considered aggravating factors, including the dangerous nature and large quantities of drugs, the commercial scope of the operation, and the defendant's subjective knowledge of trafficking fentanyl.

Mitigating factors included his lack of criminal record, strong family support, rehabilitative potential, and expressed remorse.

The court also considered the principle of parity with a co-accused and credit for pre-trial custody and restrictive bail conditions.

A global sentence of 9.5 years' incarceration was imposed, reduced by pre-trial credit.

This is a sentencing decision for Ms. Trudeau, who was found guilty of importing nearly 3 kilograms of pure cocaine.

The court considered a joint submission for a four-year penitentiary sentence, less pre-trial custody.

The decision extensively details Ms. Trudeau's personal circumstances, including intergenerational trauma from residential schools, physical and sexual abuse, identity issues, and substance abuse, as presented in her Gladue report.

The court applied Gladue principles, acknowledging these factors as "exceptional or extenuating" circumstances that justified a sentence below the usual range for such an offence, while still emphasizing denunciation and deterrence.

The defendant, Robert Crozier, pleaded guilty to possession of cocaine for the purpose of trafficking after an unsuccessful Charter motion to exclude evidence.

The Crown sought a five-year penitentiary sentence, while the defence advocated for a conditional sentence order (CSO) of two years less a day, citing the *Sharma* decision and the defendant's personal circumstances, including health issues.

The court found that the case was not exceptional enough to warrant a CSO, distinguishing it from *R. v. Mori*, and sentenced the defendant to three years in the penitentiary, along with ancillary orders.

The Crown applied under s. 521 of the Criminal Code to vacate a Justice of the Peace's release order for the respondent, Daniel Dubajic, and to detain him pending trial.

The Crown argued the Justice of the Peace erred in law and that the decision was clearly inappropriate, particularly regarding the secondary and tertiary grounds for detention.

The court found that the Justice of the Peace erred in assessing the strength of the Crown's case, the gravity of the offences, the circumstances surrounding the commission of the offences (specifically the "use" of firearms), and the potential sentence.

The court also found the proposed release plan inadequate.

Consequently, the court granted the Crown's application, ordering Dubajic's detention on secondary and tertiary grounds, while agreeing with the Justice of the Peace's assessment on the primary ground (flight risk).

Gianluca Salvati was found guilty of multiple drug trafficking offences (cocaine, fentanyl, crack cocaine), possession of proceeds of crime, and breach of recognizance following a judge-alone trial.

The court considered aggravating factors, including his extensive criminal record, the significant quantity of drugs (including fentanyl with a street value up to $20,600), and his limited potential for rehabilitation.

Mitigating factors were minimal.

The Crown sought a seven-year sentence, while the defence sought five years.

The court imposed a global sentence of five years, less credit for pre-sentence custody, including enhanced credit for lockdowns and COVID-19 conditions.

Zephaniah Bogle pleaded guilty to possession of a restricted firearm and possession for the purpose of trafficking in cocaine.

The court considered aggravating factors, including the combination of drugs and a loaded firearm, and mitigating factors such as his early guilty plea, lack of prior record, youth, positive pre-sentence report, and rehabilitative efforts while on stringent bail conditions.

The Crown sought a 3-year sentence, while the defence sought 2 years less a day.

The judge imposed a total sentence of 27 months (2 years for the firearm, 3 months consecutive for cocaine), less 222 days for pre-trial custody and house arrest credit, resulting in 1 year and 233 days of remaining custody, followed by 2 years of probation.