Fentanyl trafficking

Christa Hier pleaded guilty to possession of 118 grams of fentanyl for the purpose of trafficking under section 5(2) of the Controlled Drugs and Substances Act.

The Ontario Court of Justice imposed a sentence balancing denunciation, deterrence, and rehabilitation, resulting in a total sentence of six and a half years: 12 months credited as served with 18 months credit, plus five years custody.

The decision highlights the significant community impact of fentanyl trafficking in Pembroke, the offender’s history of addiction and trauma, and the importance of individualized sentencing that considers both public safety and rehabilitative potential.

Jahmel Burke pleaded guilty to multiple counts of trafficking in fentanyl, cocaine, and other controlled substances, as well as possession for the purpose of trafficking and possession of property obtained by crime.

The court considered aggravating and mitigating factors, the range of sentences for similar offences, and imposed a global sentence of 11 years' imprisonment, with concurrent sentences on the remaining counts, and credit for pre-sentence custody.

The decision discusses the seriousness of fentanyl trafficking and the need for denunciation and deterrence.

The court sentenced Michael Alexander Llanos for multiple drug trafficking offences and possession of a prohibited weapon, following a judge-alone trial.

The decision reviews the facts, the offender’s background, the objectivity of the pre-sentence report, and the harsh conditions of pre-sentence custody.

The court found Mr. Llanos to be a mid-level fentanyl trafficker and imposed a global sentence of 5.5 years’ imprisonment, less credit for pre-sentence custody, with ancillary orders including a lifetime weapons prohibition and DNA order.

The court considered both aggravating and mitigating factors, including the gravity of fentanyl trafficking, the offender’s addiction and medical issues, and the harshness of his pre-sentence incarceration.

This sentencing decision addresses possession of fentanyl and methamphetamine for the purpose of trafficking, involving significant quantities of highly dangerous drugs.

The offender, Abdalaazim Malik Harun, pleaded guilty after trial commenced.

The Court emphasized denunciation and deterrence given the societal harms of fentanyl and methamphetamine trafficking, while also considering the offender’s stable family support and lack of addiction.

The sentence imposed was 6.5 years on the fentanyl count and 5 years concurrent on the methamphetamine count, with enhanced credit for pre-sentence custody.

The Court declined to grant additional Duncan credit for harsh pre-sentence conditions absent evidence but allowed some mitigation for strict bail conditions (Downes credit).

Ancillary orders included DNA sampling and weapons prohibitions.

The appellant, Sarah Richer, appealed her conviction for trafficking fentanyl and the four-year sentence imposed.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge’s refusal to leave the defence of duress with the jury and holding that, while the trial judge erred in his similar fact evidence instruction regarding prior drug purchases, the error caused no substantial wrong given the overwhelming evidence.

However, the Court allowed the sentence appeal, finding that the trial judge erred in principle by downplaying the appellant’s rehabilitation and failing to consider the impact of incarceration on her family.

The sentence was reduced to three years.

This sentencing decision addresses the appropriate penalty for Taymoor Pasha, who pleaded guilty to possessing over 15 kilograms of fentanyl for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The court reviews the aggravating and mitigating factors, the local context of the opioid crisis in London, Ontario, and the relevant case law, ultimately endorsing a joint submission for a 16½-year sentence (after credit for harsh pre-trial custody and pre-sentence custody).

The decision emphasizes the need for denunciation and deterrence in the face of the ongoing fentanyl crisis and the unprecedented scale of the offence.

The accused, Luke Adam Martin, was convicted of two counts of possession for the purpose of trafficking involving large quantities of fentanyl and methamphetamine, alongside guilty pleas to theft, possession of break-in instruments, and breach of probation.

The court considered the serious nature of the offences, the large quantities of drugs involved, the presence of firearms, and the accused’s prior criminal record and probation status.

The accused’s submissions to treat the drug possession as a fleeting courier incident and to exclude firearms as an aggravating factor were rejected.

The court imposed a sentence of 13 years for fentanyl trafficking and 6 years concurrent for methamphetamine trafficking, with credit for pre-sentence custody, and concurrent sentences for the other offences.

The court sentenced David Morias for offences including possession of a loaded restricted firearm, possession of a prohibited device, and possession of fentanyl and cocaine for the purpose of trafficking.

The decision reviews the aggravating and mitigating factors, the impact of systemic anti-Black racism, and the appropriate sentencing range for mid-level fentanyl traffickers.

The court imposed a global sentence of 90 ⅔ months after credits for pre-trial custody and restrictive bail conditions, with ancillary orders including a lifetime weapons prohibition, DNA order, and forfeiture.

Ashley Gallie pleaded guilty to multiple offences including possession of a prohibited firearm, careless storage of a firearm, possession of cocaine and fentanyl for trafficking, and possession of proceeds of crime over $5000.

The sentencing judge considered her difficult personal history, Indigenous heritage, and the impact of family separation in imposing an 18-month consecutive sentence, resulting in a global six-year sentence when combined with a prior 4.5-year sentence.

The decision carefully balances principles of denunciation, deterrence, rehabilitation, and totality, while applying Gladue principles despite the offender's limited connection to her Indigenous culture due to historical dislocation.

The Court of Appeal for Ontario dismissed Jason Immel’s conviction appeal for possession of fentanyl for the purpose of trafficking and possession of proceeds of crime, finding no error in the trial judge’s reasoning or assessment of the evidence.

The court allowed the sentence appeal in part, reducing the sentence for possession of proceeds of crime to the statutory maximum of two years, concurrent with the fentanyl sentence, but otherwise upheld the global sentence.

This sentencing decision addresses the serious offence of trafficking fentanyl, highlighting the gravity of the crime and the moral blameworthiness of the offender, Jason Gallant, who pleaded guilty to four counts of trafficking fentanyl in 2023.

The court emphasizes the national crisis posed by fentanyl abuse and the necessity for denunciation and deterrence in sentencing.

Despite mitigating factors such as the offender's addiction, prior rehabilitation efforts, and health issues, the court imposes a two-year penitentiary sentence, underscoring the repeated nature of the offences, trafficking for profit, and the offender's concerning attitude towards the harm caused by fentanyl trafficking.

The appellant, William Gillen, appealed his convictions for trafficking fentanyl, possession of fentanyl and cocaine for the purpose of trafficking, and possession of proceeds of crime.

The appeal focused on the trial judge’s instructions to the jury, specifically whether the judge usurped the jury’s fact-finding role, encouraged propensity reasoning, or permitted the jury to use text messages for a prohibited purpose.

The Court of Appeal found no error in the trial judge’s instructions and dismissed the appeal.

The Ontario Court of Justice sentenced Douglas Irwin to 6.5 years (78 months) imprisonment for possession of 56.2 grams of Fentanyl for the purpose of trafficking, with an additional consecutive 1-month sentence for failing to attend court for judgment.

The court considered the serious nature of the offence, the high monetary value and quantity of Fentanyl involved, and the opioid crisis impact.

Mitigating factors included Mr. Irwin’s addiction, his willingness to seek treatment, and his personal circumstances.

Ancillary orders included a lifetime weapons prohibition under section 109 of the Criminal Code, DNA sampling, and forfeiture of seized items.

The decision reflects the balance between denunciation, deterrence, and individualized sentencing principles.

The court sentenced Marlon Ramon-Vasquez for possession of fentanyl for the purpose of trafficking.

The decision reviews the facts of the offence, the offender’s background, the impact of fentanyl on the community, and the applicable sentencing principles.

After considering aggravating and mitigating factors, including the offender’s youth, lack of criminal record, and significant rehabilitative steps, the court imposed a sentence of 30 months’ imprisonment, along with ancillary orders.

Noah Spencer was convicted of possessing a loaded prohibited firearm with an overcapacity magazine while subject to a weapons prohibition, and possession of fentanyl, methamphetamine, and crack cocaine for trafficking.

The Crown sought a global sentence of 6 years less pre-sentence custody, while the defence sought a one-year conditional sentence.

The judge balanced aggravating factors, including the dangerous combination of drugs and firearms and breach of a weapons prohibition, against mitigating factors such as Spencer’s youth, disadvantaged upbringing, systemic racism, and demonstrated rehabilitation efforts.

The court imposed a global sentence of 4 years less pre-sentence custody, with consecutive sentences for firearms, CDSA, and prohibition offences, resulting in a net sentence of just over 20 months to serve, followed by probation and a lifetime weapons prohibition.

The court sentenced Spiro Rusha to five years' imprisonment for multiple counts of possession of controlled substances for the purpose of trafficking, including fentanyl, cocaine, and other drugs, as well as possession of property obtained by crime.

The decision reviews the aggravating and mitigating factors, the circumstances of the offences and the offender, and the applicable sentencing principles and ranges.

The court found that a penitentiary sentence was required, rejecting the defence request for a conditional sentence, and imposed ancillary orders including a firearms prohibition, DNA order, and forfeiture.

The court sentenced Jeremy Johnson for possession of fentanyl and cocaine for the purpose of trafficking, and simple possession of cocaine, following a jury verdict.

The decision reviews the facts, the offender’s background, the positions of Crown and defence, and the applicable case law, including the Supreme Court’s guidance in R. v. Parranto.

The court found significant aggravating factors, including the large quantity of fentanyl, and imposed a global sentence of 11 years and six months, with credits for pre-sentence custody and time spent on house arrest (Downes credit), resulting in a net sentence of 11 years’ incarceration.

Ancillary orders included a weapons prohibition, DNA order, and forfeiture of seized items.

The court sentenced Tahir Ul-Haq for trafficking fentanyl, after he sold what he believed to be cocaine to a friend, resulting in one death and one serious injury.

The court found that Mr. Ul-Haq was not a commercial trafficker, did not know the substance was fentanyl, and sold it as a favour without profit.

The sentence imposed was a conditional sentence of two years less a day, followed by probation, with ancillary orders.

The decision carefully weighs aggravating and mitigating factors, including the tragic consequences, Mr. Ul-Haq’s personal circumstances, and the collateral immigration consequences of conviction.

Jevoi Sangster pleaded guilty to possession for the purpose of trafficking in fentanyl and cocaine.

The offences occurred when he was 18 years old.

The Crown sought 2-3 years imprisonment, emphasizing denunciation and deterrence due to the lethality of fentanyl and Sangster's continued offending while on bail.

The defence sought a conditional sentence, highlighting Sangster's youth, lack of prior record at the time of the offence, family support, and the impact of systemic anti-Black racism on his life choices.

The court considered aggravating factors (gravity of fentanyl trafficking, planned profit-driven activity, re-offending on bail) and mitigating factors (guilty plea, remorse, youth, good rehabilitation prospects, family support).

Applying principles of proportionality, denunciation, deterrence, and restraint, and considering social context evidence regarding anti-Black racism, the court imposed a two-year less a day conditional sentence followed by three years of probation, with strict conditions including house arrest and a GPS monitor.

Ancillary orders included a 20-year weapon prohibition, DNA sample, and drug forfeiture.

Dolal Jama was sentenced for possession of fentanyl for the purpose of trafficking.

The Crown sought a six-year penitentiary sentence, while the defence sought a conditional sentence.

The court considered the serious nature of the offence, the substantial amount of fentanyl, and the offender's criminal record, including prior drug convictions.

However, the court also gave significant weight to the offender's long-standing addiction, his persistent and successful efforts at rehabilitation, and his early guilty plea.

The judge emphasized the principle of proportionality, arguing against a rigid application of sentencing ranges for addict-traffickers.

Ultimately, the court imposed a sentence of two years' incarceration, followed by two years' probation.