Fentanyl

This criminal trial involved a Charter application to exclude evidence seized from the defendant's vehicle following an arrest and detention related to a robbery.

The defendant argued that the initial arrest of a passenger and his own detention were unlawful, rendering the subsequent vehicle search and warrant invalid.

The court found that the police had reasonable and probable grounds for the passenger's arrest and the defendant's investigative detention, and that the warrantless search of the vehicle was a lawful search incident to arrest.

Consequently, the Charter application was dismissed.

The defendant was found guilty of multiple firearm and drug trafficking charges, but not guilty of trafficking fentanyl, instead being convicted of simple possession of fentanyl.

The defendant, Franklin Kusi, brought a pre-trial Charter application seeking to exclude fentanyl evidence obtained from a vehicle search, alleging a breach of his s. 8 Charter rights.

The Crown argued the vehicle was "apparently abandoned" and the search was a lawful inventory search under the Highway Traffic Act.

The court found the vehicle was "apparently abandoned" and the inventory search was authorized by law and conducted reasonably, thus no s. 8 Charter breach occurred.

Alternatively, if a breach did occur, the evidence would not be excluded under s. 24(2) of the Charter, as the Grant factors favoured admission.

The defendant's Charter application was dismissed.

Michael Malabre was convicted following a jury trial of possessing cocaine and fentanyl for the purpose of trafficking and possessing the proceeds of crime under $5,000.

The Crown sought a penitentiary sentence of five to seven years, while the defence requested a conditional sentence of 18 to 24 months, citing pre-trial custody conditions and the effects of anti-Black racism.

The court found a conditional sentence inappropriate, imposing a sentence of four years and nine months incarceration.

The judge considered aggravating factors including the dangerous nature and quantity of drugs (fentanyl), the commercial scale of the trafficking, evidence of prior sales, and the mixing of drugs.

Mitigating factors included the offender's youth, difficult upbringing, and harsh pre-trial detention and stringent bail conditions.

The court found insufficient evidence to connect anti-Black racism to the offender's moral blameworthiness in this specific case.

The defendant, Kelvon Clarke, was charged with possession of fentanyl for the purpose of trafficking and possession of proceeds of crime not exceeding $5,000.

Police executed a search warrant at an apartment, finding controlled substances and cash.

The Crown's case was circumstantial, relying on video evidence showing Clarke entering the building with a distinctive purple bag, which was later found in the apartment containing the bulk of the drugs.

The court found Clarke guilty, concluding that the only reasonable inference based on the totality of the evidence was his knowledge and control of the drugs, either through physical possession, constructive possession, joint possession, or aiding.

The court delivered reasons on sentencing for convictions of possession for the purpose of trafficking fentanyl and cocaine, and possession of proceeds of crime.

The Crown sought a significant consecutive sentence, merging with a pre-existing term, resulting in a substantial remnant sentence after credit for pre-sentence custody.

The defence argued for a time-served sentence, citing mitigating factors including the offender's lack of prior record at the time of the index offences and alleged hardship during incarceration.

The court, emphasizing the principles of deterrence and denunciation, particularly in the context of the ongoing drug epidemic, found the Crown's proposed sentence proportionate to the gravity of the offences and the offender's culpability, rejecting the defence's arguments for a lesser sentence.

Karson Benjamin, a youthful first offender, pleaded guilty to numerous serious offences including trafficking 27 firearms, 12 overcapacity magazines, 2 selector switches, over half a kilogram of fentanyl, and cocaine.

He was also found with a loaded handgun and proceeds of crime upon arrest.

The Crown sought a 15-year global sentence, while the defence argued for less than 10 years.

The court considered aggravating factors such as the nature and quantity of drugs and firearms, the combination of guns and drugs, and Benjamin's integral role, attenuated by his intellectual limitations.

Mitigating factors included his youth, lack of criminal record, difficult background, early guilty pleas, and harsh pre-sentence custody conditions.

Applying principles of proportionality, parity, deterrence, denunciation, protection of the public, rehabilitation, and restraint, the court imposed a global sentence of 13 years, with specific counts running concurrently or consecutively, and credited 1458 days for pre-sentence custody.

Joseph Pauze was found guilty of possession of crystal methamphetamine and possession of fentanyl for the purpose of trafficking.

The accused was stopped for a traffic violation, and a subsequent search incident to arrest revealed the narcotics.

Pauze admitted to possessing crystal methamphetamine for personal use but denied knowledge of the fentanyl, claiming it belonged to the car's owner, a known drug dealer.

The court rejected Pauze's testimony as illogical and untrustworthy, finding that he was in actual possession of the fentanyl.

Given the significant value of the fentanyl and the presence of drug paraphernalia, the court inferred that the possession was for the purpose of trafficking, leading to a conviction on all counts.

The accused, Isiaha Gordon-Brown, pleaded guilty to five counts including trafficking in cocaine and fentanyl, possession of a prohibited firearm device, possession of a loaded restricted handgun, and possession of proceeds of crime.

He proceeded to a judge-alone trial on one count of drug trafficking in association with a criminal organization (the "Jungle Gang").

The court found him guilty on the criminal organization count based on circumstantial evidence demonstrating his association with the gang and his senior role in drug trafficking within their territory.

The court then proceeded to sentencing, considering aggravating factors such as the dangerous nature of the drugs and firearms, the commercial scale of trafficking, and the accused's senior position, balanced against strong mitigating factors including his lack of prior record, early guilty plea, and significant rehabilitative efforts in custody.

A total sentence of 15 years was imposed, reduced to 11 years by the totality principle, and further reduced by 31 months for pre-sentence custody, resulting in a remaining sentence of 8 years and 5 months.

This judge-alone trial addressed whether the defendant possessed fentanyl for trafficking purposes.

The defendant admitted to trafficking cocaine and possessing proceeds of crime but denied knowing the 100 pills contained fentanyl, asserting he believed them to be Percocet for personal use due to an addiction.

The court found reasonable doubt regarding the defendant's knowledge of the pills' fentanyl content and his intent to traffic them, based on expert testimony and the defendant's narrative of personal use.

Consequently, the defendant was acquitted of fentanyl trafficking but convicted of simple possession of fentanyl, possession of cocaine for the purpose of trafficking, and possession of proceeds of crime.

This criminal trial concerned George Brazier, who faced charges of manslaughter and three counts of trafficking in controlled substances (fentanyl, heroin, and cocaine).

The Crown alleged that Brazier sold fentanyl and cocaine to James Glover, who subsequently died from a fentanyl overdose.

The court found Brazier guilty of trafficking fentanyl and cocaine, and of unlawful act manslaughter, concluding that his conduct in supplying the fentanyl significantly contributed to Glover's death and was objectively dangerous.

The charge of trafficking heroin was acquitted due to insufficient evidence.

Daniel Dubajic, a first offender, was convicted on 73 counts related to possessing colossal amounts of drugs (106 kg cocaine, 5 kg fentanyl, 30 kg crystal methamphetamine, 4 kg MDMA) for trafficking and numerous firearms (57 handguns, 8 long guns, 15,000 rounds of ammunition) for transfer.

The Crown sought a 25-year sentence, while the defence proposed 15 years.

The court imposed an 18-year sentence, emphasizing denunciation and general deterrence, but also considering the law of diminishing returns and the offender's rehabilitative potential as a first offender, finding his role was not at the top of the trafficking hierarchy.

After applying 3 years and 1 month of credit for pre-sentence custody (including Summers and Duncan credits), the remaining sentence to be served is 13 years and 10 months.

The accused, an inmate and server in a detention facility, distributed a fentanyl/carfentanil mixture to other inmates, leading to the fatal overdose of one inmate and overdoses in others.

The accused was charged with trafficking and unlawful act manslaughter.

The defence argued that the accused acted as an 'agent for the purchaser' or 'co-purchaser' and that his actions were induced by duress from the inmate hierarchy.

For the manslaughter charge, the defence claimed a lack of factual or legal causation due to alleged intervening acts (suicide, correctional authorities' failure, additional drug intake, voluntary consumption).

The court found the accused guilty of trafficking, rejecting the 'agent for the purchaser' and duress defences, as his actions were voluntary and he had safe avenues of escape.

The court also found him guilty of unlawful act manslaughter, concluding his actions were a significant contributing cause of death, and rejected all alleged intervening acts.

Mr. Hoang was sentenced following convictions for five counts of possession for the purpose of trafficking (heroin, fentanyl, carfentanil, cocaine), two counts of possession of proceeds of crime, and two counts of unsafe storage of a firearm and ammunition.

The court considered aggravating factors including the large quantities of highly toxic opioids, the presence of a firearm, and admitted prior uncharged trafficking offences.

Mitigating factors included his first-time offender status and pro-social network.

The court imposed an 18-year global sentence for the most serious trafficking offences, with other sentences running concurrently, and ordered a half-parole eligibility delay, forfeiture of cash and vehicle, a fine, DNA sample, and firearms prohibition.

Kal Tekolla pleaded guilty to simple possession of Fentanyl and Oxycodone, and possession of a loaded prohibited firearm.

The incident involved drug-related activities in a densely populated community area with children present.

The Crown sought a sentence of approximately three years, while the defence requested a conditional sentence.

The court considered aggravating factors such as the loaded firearm, the presence of drugs and drug trafficking paraphernalia, the dangerous location, and the accused's resistance to arrest.

Mitigating factors included the guilty plea, lack of prior criminal record, positive rehabilitative efforts while on bail, and family support.

The court emphasized denunciation, deterrence, and public protection as paramount principles for firearms and drug offences.

A global sentence of 30 months was determined, reduced to 26 months after credits for time spent on house arrest and for serving time during the pandemic.

The offender, Matthew Armstrong, was sentenced for serious offences including robbery of a Shoppers Drug Mart while armed and masked, theft of a motor vehicle, and driving while disqualified.

The Crown sought 8-10 years, while the defence argued for 5-6 years.

The court considered aggravating factors such as a lengthy criminal record, parole status at the time of the offence, the vulnerability of pharmacies, significant victim impact, the dangerous nature and quantity of stolen fentanyl, and the offender's role in planning the robbery.

Mitigating factors included a disadvantaged childhood and expressed desire for change, though given modest weight due to a history of re-offending.

The court applied sentencing principles including denunciation, deterrence, proportionality, and totality, ultimately imposing a global sentence of 8 years consecutive to his existing sentence.

The defendant, Tiffany Skye Johnson, was charged with three drug offences: possession of Fentanyl for the purpose of trafficking, possession of Methamphetamine for the purpose of trafficking, and possession of proceeds of crime.

She pleaded guilty to the Methamphetamine and proceeds charges.

The trial proceeded solely on the Fentanyl trafficking charge.

The court applied the R. v. W.(D.) credibility analysis to the defendant's testimony.

Despite expert evidence suggesting trafficking intent based on the quantity of Fentanyl and associated paraphernalia, the court found the defendant's explanation for personal use, bulk purchase for cost efficiency, and necessity to carry drugs due to homelessness and distrust to be plausible and credible.

This created a reasonable doubt regarding the intent to traffick Fentanyl.

Consequently, the defendant was acquitted of possession of Fentanyl for the purpose of trafficking but convicted of the lesser included offence of simple possession of Fentanyl.

Jeffrey Chan and Alfred Nhan were charged with importing Fentanyl, attempted possession for trafficking, and possession of proceeds of crime.

The case relied on circumstantial evidence.

The court found insufficient evidence to convict either accused of importing Fentanyl.

Jeffrey Chan was acquitted of all charges, as the Crown failed to prove constructive possession or knowledge of the Fentanyl or proceeds of crime beyond a reasonable doubt.

Alfred Nhan was found guilty of attempted possession of Fentanyl for the purpose of trafficking and possession of proceeds of crime, based on his agitation when unable to retrieve the package, excitement upon its delivery, fingerprints on cash, and the high value of the drugs and cash found in his residence.

The defendant, Pankaj Bedi, was convicted of multiple drug trafficking and possession charges.

The court conditionally stayed fentanyl trafficking charges based on the Kienapple principle, as the Crown did not provide evidence of the quantity of fentanyl or the accused's knowledge of its presence.

The sentencing judge considered aggravating factors, including the quantity of heroin and the presence of fentanyl as an inherent danger, and mitigating factors such as the accused's remorse, rehabilitation efforts, and compliance with bail conditions.

Credit was given for pre-trial custody and house arrest.

The defendant was sentenced to four years in the penitentiary for trafficking heroin, reduced to an effective sentence of 44 months after credit for pre-trial custody and house arrest.

The defendant, Christopher Lee Allan, was charged with possession of fentanyl, crystal methamphetamine, and hydromorphone for the purpose of trafficking.

He admitted to trafficking crystal methamphetamine but claimed personal use for the fentanyl and hydromorphone.

The court considered expert evidence on drug quantities and typical usage, which largely contradicted the defendant's claims for personal use of fentanyl.

However, due to uncertainties regarding the purity of the fentanyl, its potency when inhaled, and the impact of long-term usage on tolerance, the court found reasonable doubt regarding the trafficking intent for fentanyl and hydromorphone.

Applying the R. v. W.D. framework, the defendant was convicted of possession of crystal methamphetamine for the purpose of trafficking, and the lesser included offences of possession of fentanyl and hydromorphone.

Joshua Prestula pleaded guilty to multiple drug trafficking offenses, including possession of cocaine and fentanyl.

The sentencing hearing addressed the fit sentence for a repeat offender with a difficult background and inhumane pre-sentence custody conditions.

The Crown sought a global sentence of 6 years, while the defense sought 4 years and 9 months, emphasizing the parity principle with a co-accused who received a lighter sentence and enhanced credit for lockdown conditions.

The court imposed a global sentence of 5 years and 3 months, granting significant pre-sentence custody credit, resulting in a remaining sentence of 20.5 months.