Fentanyl

The accused was convicted of eight offences including possession of multiple controlled substances (fentanyl, cocaine, ketamine, methamphetamine, and GHB) for the purpose of trafficking, assault of a peace officer with intent to resist or prevent lawful arrest, attempt to take a weapon from a peace officer, and possession of proceeds of crime.

The court considered the accused's prior criminal record including two previous P4P convictions, his Indigenous background without connection to Indigenous culture (no Gladue report requested), his history of substance addiction, employment, and partial rehabilitation.

The court imposed a global sentence of five years, with four years for the P4P fentanyl index offence and one year consecutive for the assault of a peace officer, reduced by twelve months of combined Summers credit and Downes mitigation, resulting in four years remaining to serve.

The accused was convicted after trial of possession of fentanyl, cocaine, and methamphetamine for the purposes of trafficking.

The Crown and Defence reached a joint submission for a sentence of 7.5 years, less credit for pre-trial custody and jail conditions mitigation, resulting in a net sentence of 7 years.

The court accepted the joint submission as fit, considering the gravity of the offences, the accused's personal circumstances including systemic disadvantage and social context, immigration consequences, and mitigating factors including harsh pre-trial incarceration conditions at Maplehurst.

The offender pleaded guilty to manslaughter in connection with the shooting death of a 17-year-old victim during a drug-related dispute, and to possession of fentanyl for the purpose of trafficking.

The court imposed a global sentence of 10 years' imprisonment less credit for 750 days of presentence custody, broken down as 8.5 years for manslaughter and 1.5 years consecutive for the drug trafficking offense.

The court considered sentencing ranges, aggravating factors including the use of a firearm and the insidious nature of fentanyl, and mitigating factors including the offender's guilty pleas, lack of prior criminal history, and harsh conditions in presentence custody.

The defendant pleaded guilty to possession of a mixture of fentanyl and heroin for the purpose of trafficking.

At a Gardiner Hearing, the court found that the defendant believed he possessed only heroin and was not wilfully blind to the presence of fentanyl.

The Crown sought a sentence of four to five years imprisonment.

The court imposed a conditional sentence of two years less one day with electronic supervision, followed by three years probation.

The sentencing decision was grounded in exceptional circumstances including the defendant's genuine prospect for rehabilitation, completion of a residential treatment program, family reunification, and stable support from his step-grandmother.

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

A Gardiner hearing determined that the accused believed he possessed only cocaine, not fentanyl.

The court found the accused was not wilfully blind to the nature of the substance.

The accused, a young first-time adult offender with strong family support and early guilty plea, was sentenced to two years imprisonment: fifteen months for cocaine trafficking and nine months consecutive for fentanyl trafficking, with ancillary orders including DNA databank sample, weapons prohibition, and forfeiture.

The accused was charged with impaired driving, refusing to provide a breath sample, obstructing police, failing to comply with recognizance conditions, simple possession of cocaine, possession of cocaine for trafficking, possession of fentanyl for trafficking, and possession of proceeds of crime.

The Crown proved impaired driving, refusal to provide breath sample, obstruction, and recognizance breaches beyond a reasonable doubt.

However, the court found that police breached the accused's right to counsel under s. 10(b) of the Charter by failing to provide a reasonable opportunity to contact counsel immediately upon arrest for the trafficking charges and by ignoring a request to contact a friend with a lawyer.

The court excluded evidence of drugs found under the police cruiser seat under s. 24(2) of the Charter, resulting in acquittals on the trafficking and proceeds charges.

The accused was convicted of impaired driving and the admitted charges.

The appellant appealed a sentence of eight years and two months imposed for trafficking and possession for the purpose of trafficking in heroin, fentanyl, and methamphetamine.

The principal ground of appeal was that the trial judge erred in selecting the appropriate sentencing range for mid-level trafficking.

The Court of Appeal found the sentence was not demonstrably unfit, noting the case contained numerous aggravating factors including the appellant's calculated return to commercial trafficking within months of release from custody, the nature and variety of highly addictive substances trafficked, and significant community problems with opioid use.

The appeal was dismissed.

Two accused were sentenced for trafficking in dangerous controlled substances, including Carfentanil, fentanyl, methamphetamine, and cocaine.

The offences were discovered through Project Variance, a wiretap investigation by Waterloo Regional Police Service.

Substantial quantities of drugs and cash were seized from both their residence and a trailer.

Both accused entered guilty pleas to multiple counts of possession for the purpose of trafficking.

The Crown and defence jointly submitted that a sentence of 10 to 13 years was appropriate.

The court imposed sentences reflecting the serious nature of trafficking in highly potent opioids, the commercial scale of the operation, and the devastating community impact of the opioid crisis, while recognizing the significant mitigating value of early guilty pleas.

Hazare Roman was initially charged with possession of fentanyl and cocaine for trafficking.

The fentanyl charge was dismissed via a directed verdict.

Roman subsequently pleaded guilty to possession of cocaine for trafficking.

The Crown and defence made a joint submission for a 9-month prison sentence plus probation, agreeing on 20 days credit for pre-trial custody.

They disagreed on the credit for 4 months of house arrest and 18 months of curfew.

The court accepted the 9-month sentence, granting an additional 2 months and 10 days credit for the house arrest period (totaling 3 months credit), resulting in a 6-month custodial sentence, followed by one year probation, a DNA order, and a 10-year firearms prohibition.

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.

The accused, Dennis James Edgar, was charged with possession of fentanyl for the purpose of trafficking while serving a penitentiary term.

The fentanyl was found concealed in a blanket in a dry cell where he was confined.

The Crown relied on prison procedures and expert testimony regarding drug distribution in institutions.

The defence argued that crucial evidence, including CCTV footage and testimony from officers responsible for dry cell preparation, was missing, creating reasonable doubt about the accused's knowledge of the fentanyl.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused had actual knowledge of the fentanyl, leading to the dismissal of the charge.

This sentencing decision follows a jury conviction of Nicholas Jenkins for three counts of trafficking and three counts of possession for the purpose of trafficking cocaine, fentanyl, and heroin.

Tianna Morgan was convicted of three counts of possession for the purpose of trafficking heroin, fentanyl, and cocaine, and one count of obstructing a peace officer, plus a breach of probation.

The court applied the Kienapple principle to conditionally stay the fentanyl convictions for both defendants due to unknown quantities and lack of specific knowledge, entering convictions for heroin instead.

Jenkins received a global sentence of six years and six months, reduced to five years and 295 days after pre-sentence credit.

Morgan received a global sentence of time served (305 days) and three years probation, with a focus on rehabilitation.

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 charged with possession of cannabis resin, possession for the purpose of trafficking in fentanyl and cocaine, possession of property obtained by offence, prowl by night near a dwelling house, and failing to comply with a recognizance.

Police conducted surveillance on a residence and stopped the accused as he left on a bicycle, claiming he was riding without a light and on the sidewalk in violation of the Highway Traffic Act and a municipal by-law.

The accused fled and was apprehended after an extensive police pursuit.

The court found that the stop was pretextual and unlawful, violating sections 8 and 9 of the Charter.

The court also found minor violations of section 10 rights.

All evidence was excluded under section 24(2) of the Charter, and all charges were dismissed.

The accused pleaded guilty to armed robbery of a pharmacy where he stole 110 bottles and packages of narcotics, including 75 fentanyl patches, using a knife as a weapon.

The Crown and defence proposed a joint submission of two years imprisonment plus presentence custody.

The court rejected the joint submission as contrary to the public interest and imposed a sentence of five years in the penitentiary.

The accused's application to withdraw his guilty plea was dismissed.

The court found no reasonable apprehension of bias and determined that withdrawal was not justified in the interests of justice.

The accused was charged with three counts of trafficking in heroin and three counts of trafficking in fentanyl arising from three separate drug transactions in August 2016.

The accused admitted to facilitating the sale of heroin but disputed knowingly or intentionally trafficking in fentanyl.

The court found that while the Crown need not prove knowledge of the exact narcotic to secure a conviction for trafficking, the Crown must prove the mental element required for each specific offence.

Applying the Kienapple principle, the court held that convicting on both heroin and fentanyl trafficking counts for the same single act constituted an abuse of process.

The court stayed the fentanyl counts and convicted on the heroin counts, while noting the presence of fentanyl as an aggravating factor for sentencing.

The defendant, an Ojibway woman and member of the Serpent River First Nation, pleaded guilty to two counts of possession of Schedule I substances (fentanyl and cocaine).

The Crown sought a conviction with a suspended sentence, emphasizing the dangers of fentanyl.

The defence sought a conditional discharge.

The court granted a conditional discharge with 18 months probation, finding that the defendant's circumstances as an Indigenous person with a history of intergenerational trauma, sexual abuse, mental health issues, and addiction warranted a restorative approach rather than punitive measures.

The applicant sought certiorari quashing a preliminary inquiry judge’s decision committing him to stand trial on charges of possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The applicant argued that the committal was made in the absence of evidence on an essential element of the offence, namely the purpose of trafficking.

The reviewing court applied the test from R. v. Arcuri and held that the preliminary inquiry judge’s role is limited to determining whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.

Considering the circumstantial evidence collectively, including the drugs found, cash in multiple locations, and a brief vehicle interaction consistent with drug transactions, the court found that a reasonable inference of trafficking could be drawn.

The application for certiorari was dismissed.

The accused pleaded guilty to possession of four Fentanyl patches, a Schedule I controlled substance under the Controlled Drugs and Substances Act.

The Crown sought a custodial sentence based on the highly addictive nature of Fentanyl and principles of general and specific deterrence.

The defence sought a discharge to preserve the accused's employment as an aircraft maintenance engineer, which requires a security clearance and conviction-free status.

The court granted a conditional discharge with 12 months of probation, finding that rehabilitation was the primary concern and that the accused's documented efforts to address his addiction significantly reduced public risk.

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.