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Bail pending sentencing denied due to history of breaches and gravity of fentanyl trafficking offence.
The applicant pleaded guilty to possession of fentanyl for the purpose of trafficking and sought interim judicial release pending sentencing on humanitarian grounds to visit terminally ill family members.
The court determined that section 523(2)(a) of the Criminal Code applied, not section 679 or 525.
The court denied bail, finding that the applicant's history of breaching court orders raised primary and secondary ground concerns, and the gravity of trafficking fentanyl necessitated detention on the tertiary ground to maintain public confidence in the administration of justice.
The accused was acquitted of drug trafficking due to unproven knowledge and control of contraband.
The accused, Frank Duquette, was charged with two counts of possession for the purpose of trafficking methamphetamine and fentanyl following a traffic stop where a backpack containing illicit substances was found at his feet.
The co-accused, Amy Pineo-Fisher, had already been acquitted.
The central issue was whether the Crown could prove beyond a reasonable doubt that Duquette had knowledge and control of the drugs.
The court found the police constable's testimony unreliable due to poor recollection of key details and determined there was insufficient evidence to establish that Duquette was in a position to observe the drugs in the backpack.
Consequently, the Crown failed to prove the knowledge element of possession, and Duquette was acquitted on all charges.
