opioid crisis

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.

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.

This decision grants an interlocutory injunction exempting all existing supervised consumption sites (SCSs) in Ontario from the operation of section 2 of the Community Care and Recovery Act, 2024, pending a final decision on the merits.

The court finds that the three-part test for injunctive relief is met: there is a serious issue to be tried regarding Charter rights, irreparable harm would result from SCS closures, and the balance of convenience favours the applicants.

The ruling details the public health crisis of opioid use, the role of SCSs in harm reduction, and the disproportionate impact of closures on marginalized populations.

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 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 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.

After trial, Dominic D’Angelo Wright was found guilty of multiple drug trafficking and firearm offences involving possession of a loaded handgun, large sums of cash, and various controlled substances.

A joint submission for a global sentence of six years was accepted by the court.

The sentencing considered an Impact of Race and Culture Assessment Report (IRCA) which detailed Mr. Wright’s challenging upbringing in a high-crime, low-income neighbourhood, his struggles with loss, substance abuse, and systemic discrimination.

Despite these mitigating factors, the court emphasized the seriousness of the offences, particularly the impact of opioid trafficking and gun possession on community safety.

Enhanced presentence custody credit was granted due to harsh incarceration conditions.

The sentence balances denunciation and deterrence with recognition of Mr. Wright’s rehabilitative potential, including his educational achievements while in custody.

The court sentenced Pritpal Singh for trafficking and possession of heroin for the purpose of trafficking, possession of opium, and possession of proceeds of crime.

The case involved a Garofoli application regarding the excision of unconstitutionally obtained evidence from an Information to Obtain (ITO), which was dismissed.

The court reviewed the applicable sentencing ranges for large-scale heroin trafficking, considered aggravating and mitigating factors, and imposed a global sentence of 13 years, with all sentences to run concurrently.

Joseph Pauze was sentenced for possessing fentanyl for the purposes of trafficking and crystal methamphetamine.

The Crown sought a penitentiary term of 4-8 years for fentanyl and 3-6 months consecutive for methamphetamine, while the defendant sought a conditional sentence.

The court considered the dangerous nature of fentanyl, the local opioid crisis, the defendant's lengthy criminal record including prior trafficking convictions, and mitigating factors such as his age, poor health, and cooperation.

The court found the trafficking level to be beyond street level and emphasized denunciation and deterrence.

A six-year sentence for fentanyl trafficking and a concurrent six-month sentence for methamphetamine possession were imposed, along with forfeiture, a lifetime weapons prohibition, and a DNA order.

Aladin Abdelgadir pleaded guilty to possession of fentanyl and MDA for the purpose of trafficking and possession of proceeds of crime.

The court considered the significant quantity of fentanyl (over 2 kg), the accused's awareness of the opioid crisis and the dangers of fentanyl, his motivation by profit, and his related criminal record, including being on parole at the time of the offence.

Mitigating factors included his guilty plea, intelligence, and social context evidence related to systemic racism and a troubled upbringing.

The court emphasized general and specific deterrence due to the grave harm caused by fentanyl trafficking.

A global sentence of 13 years was imposed.

The plaintiff, Dr. Darryl Gebien, sought court approval for a Third-Party Funding Agreement with Omni Bridgeway Ltd. for a proposed class action against numerous pharmaceutical companies regarding the opioid crisis.

Several defendants objected to specific provisions of the agreement, including those related to amendments, assignments, attornment, costs enforcement, termination procedures, accrued costs, and confidentiality.

The court found that while the agreement generally met the requirements for approval, several of the defendants' objections, particularly concerning comprehensive attornment by Omni Bridgeway Ltd. and the broad confidentiality provisions, were "genuinely meaningful" and required resolution.

The motion for approval was adjourned to allow the parties to address these issues, with the court emphasizing that it is not its role to draft the agreement.

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.

The offender, Kevin Gordon, pleaded guilty to possession of fentanyl for the purposes of trafficking.

The court considered aggravating factors, including the dangerous nature of fentanyl and his criminal record, and significant mitigating factors, such as his guilty plea, the fact that his trafficking was driven by addiction rather than greed, and his substantial rehabilitative efforts since his arrest (securing housing, employment, and becoming drug-free).

The Crown sought a three-year sentence, while the defence sought a conditional sentence of two years less a day.

Applying sentencing principles, particularly the emphasis on rehabilitation for addict-traffickers, the court imposed a conditional sentence of two years less a day, followed by 18 months of probation, along with ancillary orders.

This is a sentencing decision following a trial where Derrick Adams was found guilty of manslaughter and trafficking fentanyl.

The court considered the appropriate sentence, balancing aggravating factors such as Adams' extensive criminal record, lack of full remorse, and the victim's young age, against limited mitigating factors including some remorse and a streamlined trial.

The judgment discusses the evolving sentencing ranges for fentanyl trafficking and related deaths, emphasizing denunciation and deterrence.

The court also applied a "Duncan credit" to reduce the sentence due to harsh pre-trial detention conditions during the COVID-19 pandemic.

A global sentence of 8 years for manslaughter (concurrent 6 years for trafficking) was imposed, with credit for pre-trial custody.

Marcus Gil pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of proceeds of crime over $5,000.

The court considered aggravating factors, including the large quantity of fentanyl (276.2 grams), its proximity to a children's daycare, and the offender's criminal history and breach of probation.

Mitigating factors included an early guilty plea, expressed remorse, young age (22), and strong family support.

The court emphasized denunciation and deterrence as paramount objectives due to the ongoing opioid crisis and the destructive effects of fentanyl.

A total sentence of eight and a half years imprisonment was imposed, with credit for pre-sentence custody, resulting in six years and ten months to serve.

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

The accused pleaded guilty to three trafficking-related charges involving significant quantities of carfentanil, fentanyl, heroin, and cocaine.

The court denied the accused's application for bail pending sentence, finding that he posed a substantial likelihood of reoffending and that detention was necessary to maintain public confidence in the administration of justice.

The court imposed a global sentence of 12 years, with concurrent sentences on remaining counts, after considering mitigating factors including the accused's youth, family support, and employment history, as well as aggravating factors including his prior trafficking conviction, the dangerous nature of the drugs, and the large quantities involved.

The court also granted presentence custody credit, lockdown credit, and COVID-19 related credit.

The accused pleaded guilty to possession of oxycodone for the purpose of trafficking, possession of fentanyl for the purpose of trafficking, and possession of proceeds of crime.

The accused was arrested following a police investigation into fentanyl distribution in Eastern Ontario.

Police recovered 146 fentanyl patches, 350 oxycodone tablets, approximately $30,000 in cash, and drug trafficking paraphernalia from two residences.

The court imposed a five-year penitentiary sentence, emphasizing the dangers of fentanyl and the need for denunciation and general deterrence in response to the opioid crisis.

Jacinda Hudson was convicted by a jury of importing fentanyl and possession of fentanyl for the purposes of trafficking.

The court considered the gravity of the offence, the devastating impact of fentanyl, and the offender's personal circumstances, including her lack of criminal record and potential for rehabilitation.

The Crown sought a sentence of 10-12 years, while the defence proposed 6-8 years.

The court imposed a sentence of eight years imprisonment for each count, to be served concurrently, along with a DNA order and a 10-year weapons prohibition.

The offender, Barna Olvedi, was convicted after trial of importing fentanyl and possession of fentanyl for the purpose of trafficking.

The court considered the gravity of the offences, particularly the importation of 499.5 grams of 100% pure fentanyl citrate with an estimated street value of over $14 million, and the devastating impact of fentanyl in the community.

Aggravating factors included the quantity, purity, and powder form of the drug, the financial motivation (greed), and wilful blindness.

Mitigating factors included no prior criminal record at the time of the offence, cooperation with police, post-conviction remorse, reluctance to accept delivery due to threats, and excellent rehabilitation potential.

The Crown sought 17 years, while the Defence proposed 8-12 years.

The court imposed a sentence of 15 years' imprisonment for importing fentanyl and a concurrent sentence of 12 years' imprisonment for possession for the purpose of trafficking, along with forfeiture of $10,759.37 and a fine in lieu of forfeiture of $34,240.63, and mandatory victim fine surcharges.