I. Glasner

The accused pled guilty to possession of cocaine for the purpose of trafficking.

Prior to sentencing, he brought a motion for a stay of proceedings under s. 24(1) of the Charter, alleging that police officers stole $45,000 from him during his arrest.

The court found the accused to be a credible witness and rejected the evidence of the arresting officer, concluding on a balance of probabilities that the money was stolen while in police custody.

The court held that the police misconduct, combined with the officer misleading the court, seriously undermined the integrity of the justice system.

A stay of proceedings was granted as the only appropriate remedy.

Following a jury conviction for trafficking cocaine, the accused brought an application to stay the verdict on the basis of entrapment.

The court applied the Supreme Court of Canada's framework for dial-a-dope operations to determine if police had reasonable suspicion before providing the opportunity to commit the offence.

The court found that the undercover officer's initial exchange with the accused crystallized the requisite reasonable suspicion before the officer requested to purchase drugs.

The entrapment application was dismissed.

The offender pleaded guilty to multiple counts of trafficking fentanyl and heroin to an undercover officer, as well as possession of proceeds of crime.

The court recognized the offender as an addict trafficker who sold drugs to support his own addiction, but noted the significant quantities involved and the extreme danger fentanyl poses to the community.

The court imposed a global sentence of 6 years' imprisonment, reduced by credit for pre-sentence custody and strict bail conditions, resulting in a remaining sentence of 4 years and 359 days.