Fentanyl trafficking

Brandon Sero and Marie Miller were charged with drug trafficking offences following a search warrant executed on February 8, 2024.

Sero brought a Charter application under section 24(2) to exclude evidence seized during the search, arguing the warrant was invalid due to breaches of section 8 rights.

The applicant challenged the validity of the warrant, claiming the Information to Obtain failed to disclose reasonable and probable grounds and that confidential source information was insufficiently credible, compelling, and corroborated.

The court found the warrant was valid despite material omissions from the ITO regarding the background and credentials of confidential sources.

The court applied the Garofoli process to manage disclosure while protecting informer privilege and ultimately dismissed the Charter application, finding the evidence admissible under section 24(2) of the Charter.

The offender was sentenced to a two-year-less-one-day conditional sentence with house arrest and electronic monitoring for possession for the purpose of trafficking in fentanyl and cocaine.

He breached the conditional sentence by removing his GPS monitor and traveling over 360 kilometers from Scarborough to Pembroke, where he was found during a police search warrant execution.

The court found the breach to be a total repudiation of the conditional sentence order and collapsed the entire remaining sentence, requiring the offender to serve 420 days in custody before resuming his three-year probation order.

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

The Crown sought a sentence of 10 years imprisonment, emphasizing the large quantity of fentanyl (409.60 grams), the accused's prior drug trafficking conviction, and the fact that the offences were committed while serving a conditional sentence.

The defence sought 6 years imprisonment, arguing that the accused was a runner motivated by addiction rather than profit, had no criminal record for violence, and had demonstrated rehabilitative potential.

The court imposed a sentence of 7.5 years, taking into account the accused's vulnerable background, Indigenous heritage, harsh pre-sentence custody conditions, and evidence of remorse and rehabilitation efforts, while recognizing the serious dangers of fentanyl trafficking.

Hanad Abdirizak Ahmed pleaded guilty to three counts of trafficking fentanyl.

The court considered an Enhanced Presentence Report (EPSR) detailing the impact of anti-Black racism on the offender.

Aggravating factors included the gravity of fentanyl trafficking, the quantity involved (10.77 grams), and the repeated, profit-motivated "dial-a-dope" nature of the conduct.

Mitigating factors included a guilty plea, no prior record, struggles with addiction, strong family and community support, positive rehabilitative steps, and experience with anti-Black racism.

The Crown sought a three-year concurrent sentence, while the defence sought a two-year conditional sentence.

The court emphasized the deadly nature of fentanyl and the need for denunciation and deterrence, finding a conditional sentence inappropriate.

Prajaphan Sivashothy was found guilty by a jury of possession for the purpose of trafficking 55.78 grams of fentanyl.

This decision concerns his sentencing.

The court considered aggravating factors, including the deadly nature and quantity of fentanyl and the high moral culpability involved in trafficking such a substance.

Mitigating factors included the offender's youth, lack of prior record, and positive rehabilitation prospects, tempered by a lack of insight into his actions.

The Crown sought a 6.5-year custodial sentence, while the defence proposed a conditional sentence.

The court determined that a conditional sentence was inadequate given the gravity of the offence and the strong need for denunciation and deterrence, imposing a sentence of 5 years in prison, a mandatory DNA order, and a 10-year s. 109 prohibition.

The request to waive the victim surcharge was denied.

The defendant, Jacob Martin Norn, was sentenced for manslaughter and trafficking fentanyl after supplying the drug to a friend who subsequently died.

The court considered the gravity of the offences, the dangerous nature of fentanyl, and the need for general deterrence and denunciation, while also weighing mitigating factors such as the defendant's youth, lack of prior criminal record, and efforts towards rehabilitation.

Despite arguments for a conditional sentence and alleged Charter breaches, the court imposed a custodial sentence, emphasizing the defendant's continued drug use post-conviction and the societal impact of fentanyl trafficking.

The offender, Michael Hugh, pleaded guilty to possession of fentanyl for the purpose of trafficking.

The Crown sought a 3-year imprisonment, while the defence requested a conditional sentence due to the offender's age, medical conditions, and low-level involvement in trafficking to support his own addiction.

The court considered aggravating factors, including the danger of fentanyl, the profit motive, the presence of a weapon, and the offence location near a shelter.

Mitigating factors included the guilty plea, lack of prior criminal record, strong family support, and severe health issues (stroke-related mobility and memory problems, lack of health coverage) that would make incarceration exceptionally difficult.

The judge emphasized denunciation and deterrence but ultimately imposed a conditional sentence, finding it consistent with sentencing principles given the individualized circumstances and the significant impact of imprisonment on the offender's health.

The defendant, Abdulkadir Mohamud, was found guilty of trafficking fentanyl, possessing Percocet for trafficking, and possession of property obtained by crime.

Following an unsuccessful entrapment application, the matter proceeded to sentencing.

The Crown sought a reformatory term of two years less a day, resulting in nine months of actual custody, while the defence sought a conditional sentence.

The court granted a conditional sentence of two years less a day, to be served in the community under strict conditions.

The decision emphasized rehabilitation, the social context of anti-Black racism, and the defendant's positive Enhanced Pre-Sentence Report, concluding that a conditional sentence would not endanger community safety and was consistent with sentencing principles, despite the serious nature of fentanyl trafficking.

Tenzin Youngdue pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The Crown and defence submitted a joint recommendation for a global sentence of 5.5 years imprisonment, with credit for pre-sentence custody and strict bail conditions.

The court accepted the joint submission, emphasizing denunciation and deterrence for fentanyl trafficking while acknowledging mitigating factors such as the offender's youth, guilty plea, remorse, and rehabilitative efforts.

Ancillary orders for forfeiture and DNA sample were also made.

Jennifer Deacon pleaded guilty to trafficking fentanyl and breach of undertaking.

The court considered her lengthy criminal history, substance use disorder, and mental health issues.

Applying principles of denunciation, specific and general deterrence, and separation, the court sentenced her to 1,348 days imprisonment for fentanyl trafficking and 30 days consecutive for breach of undertaking, with recommendations for treatment.

The defendant, Dajour Campbell, was convicted after trial of possession of fentanyl for the purpose of trafficking, dangerous operation of a motor vehicle, and flight from police.

The conviction for simple possession of fentanyl was conditionally stayed.

The Crown sought a sentence of 6-8 years for the drug offence and a consecutive 4-month sentence for the driving offences.

The defence argued for a conditional sentence of less than two years for the drug offence, contending that Campbell's lack of knowledge that the substance was fentanyl (believing it to be Percocet) should mitigate his moral blameworthiness, and a concurrent 90-day intermittent sentence for the driving offences.

The court imposed a sentence of 3 years for possession of fentanyl for the purpose of trafficking, and 3 months concurrent for dangerous driving and flight from police, to be served consecutively to the drug offence, for a total of 39 months imprisonment.

The court rejected the argument that Campbell's lack of knowledge about the specific controlled substance (fentanyl vs. Percocet) mitigated his moral blameworthiness, citing jurisprudence that knowledge of a controlled substance is sufficient.

The court also declined to apply systemic racism as a mitigating factor without a demonstrated linkage to the offences.

Adrian Williams pleaded guilty to possession of Fentanyl for the purpose of trafficking.

The court considered sentencing principles including proportionality, parity, and totality, as well as an Enhanced Pre-Sentence Report detailing the offender's background, including experiences with anti-Black racism and systemic discrimination.

The Crown sought a four-year consecutive sentence, while the defence proposed three years, arguing the Fentanyl was diluted.

The court imposed a four-year sentence, consecutive to a prior manslaughter conviction, finding the Crown's proposal fit after weighing aggravating factors (subsequent manslaughter conviction, criminal record, institutional misconduct) against mitigating factors (guilty plea, family support, job offer, and social context as it relates to moral culpability).

The defendant pleaded guilty to trafficking fentanyl into a correctional facility and assaulting a correctional officer.

The defendant, a young offender with a difficult childhood marked by family dysfunction, mental health challenges, and educational failures, smuggled 8.5 grams of fentanyl into the Niagara Detention Centre and subsequently assaulted a guard without provocation.

The court imposed sentences of two years for trafficking and three months consecutive for assault, to run concurrently with an existing four-year sentence.

The court rejected arguments based on systemic anti-Black racism as a basis for reducing sentences, holding that personal circumstances rather than their causes are relevant to proportionality in sentencing.

The accused pleaded guilty to trafficking in heroin, methamphetamine, and fentanyl as part of a four-month RCMP investigation into drug trafficking in Ontario.

Over three transactions between May and July 2019, the accused sold significant quantities of drugs to an undercover police agent for approximately $100,400 in total, receiving only a nominal amount in the low thousands of dollars for his role.

The court imposed a global sentence of 9 years in the penitentiary, reduced to 8 years after pre-trial custody credit on a 1.5:1 basis.

The court rejected the defence request for additional credit for harsh lockdown conditions during pre-trial custody.

The defendant, Dr. George Otto, brought an application under s. 24(2) of the Charter to exclude evidence following findings of s. 8 Charter violations related to search warrants and production orders for electronic devices in a fentanyl trafficking case.

The court applied the R. v. Grant framework, balancing the seriousness of the state's conduct, the impact on the accused's Charter interests, and society's interest in adjudication on the merits.

While acknowledging significant privacy impacts, the court found the police conduct was not deliberate or flagrant, and the evidence was reliable and crucial to the Crown's serious case.

Ultimately, the court determined that admitting the evidence would not bring the administration of justice into disrepute, and its exclusion would.

The Applicant, charged with gun and drug offences, sought a bail review after being detained by a Justice of the Peace.

The court conducted a de novo review, finding that the initial bail hearing had materially misapprehended the proposed release plan.

The court assessed the revised bail plan under the secondary and tertiary grounds for detention.

It found the Applicant's parents suitable as sureties, despite minor inconsistencies in their testimony, and deemed the proposed house arrest with a security system sufficiently robust to address public safety concerns.

The court also considered the strength of the prosecution's case, including potential Charter defenses, and concluded that continued detention was not necessary to maintain confidence in the administration of justice.

The bail review application was granted, and the Applicant was ordered released on conditions.

Liridon Imerovik pleaded guilty to two counts of trafficking fentanyl and one count of possession for the purpose of trafficking.

He participated in a sophisticated scheme involving a pharmacist and a physician, trafficking an estimated 2780 fentanyl patches over several months.

The court considered significant aggravating factors, including the dangerous nature of fentanyl, the calculated operation, Imerovik's integral role, the large quantity of drugs, and commercial gain.

Mitigating factors included his guilty plea, first offender status, youthfulness, and impressive efforts to address his fentanyl addiction, which was a significant motivator for his involvement.

The court emphasized denunciation and general deterrence as paramount objectives.

A sentence of 6 years in jail was imposed, reduced by 4 months for time spent on house arrest bail, resulting in a net sentence of 5 years and 8 months.

Ancillary orders included a 10-year s. 109(2)(a) order, a life s. 109(2)(b) order, a DNA order, and forfeiture of seized cash.

The applicant, Brittany Taylor, sought a stay of proceedings for a charge of possessing fentanyl for the purpose of trafficking, alleging a denial of her right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms.

The total delay from arrest to expected trial completion was 24 months, which is below the 30-month presumptive ceiling established in R. v. Jordan for Superior Court matters.

The court found no attributable defence delay.

However, it determined that the applicant's efforts to expedite the trial were not sustained and that the case did not markedly exceed its reasonable time requirements, considering its complexity and the institutional delays.

The application for a stay was dismissed.

The defendant, Raymond Godreau, was convicted on 15 counts related to Fentanyl trafficking and forged prescriptions.

The scheme involved fraudulently obtaining Fentanyl patches using false patient identities, including his vulnerable mother, and then illicitly selling them for profit.

The Crown sought a sentence of 13 to 15 years, while the defence proposed 6 to 8 years, arguing for consistency with co-accused's sentences in R. v. Sinclair and R. v. Baks.

The court established a nine-year starting point for such offences, as implicitly affirmed by the Court of Appeal in related cases.

Finding a complete absence of mitigating factors and several aggravating factors, including exploitation of vulnerable individuals, trafficking in maximum strength Fentanyl, a prior drug trafficking record, and the commercial nature of the scheme, the court adjusted the sentence slightly upward.

Godreau was sentenced to ten years in a federal penitentiary, with a credit of 1460 days (four years) for time served, resulting in a remnant sentence of six years.

A lifetime weapons prohibition and an order to provide a DNA sample were also imposed.

Dustin Klammer was found guilty of trafficking in fentanyl, possession of fentanyl for the purpose of trafficking, and possession of currency obtained by crime.

The court considered aggravating factors, including the quantity and strength of fentanyl, continued drug use, and a prior trafficking conviction while on bail.

Mitigating factors included no prior record at the time of the offences, expressed remorse, and efforts to address addiction.

The court emphasized general deterrence and denunciation due to the dangers of fentanyl, alongside specific deterrence given the offender's continued involvement in drug culture.

A sentence of 33 months in custody was imposed concurrently on all counts, along with a DNA order and a lifetime weapons prohibition.