M. Carroccia

The accused, two American citizens, were charged with importing marijuana and possessing a prohibited firearm after mistakenly crossing the border into Canada.

They intended to stay at a hotel in Detroit but took a wrong turn onto the bridge to Windsor.

The court accepted their evidence that they had no intention of entering Canada and were unaware they had done so until they were on the bridge.

Finding that the requisite mens rea for the offences was absent, the court acquitted both accused on all charges.

The offender was convicted of possession of fentanyl for the purpose of trafficking, along with possession of other controlled substances and stolen property.

The court weighed the offender's significant criminal record and the extreme danger of fentanyl against mitigating factors including guilty pleas to some offences, family support, and rehabilitative efforts in custody.

The court imposed a global sentence of 4 years' incarceration, less credit for pre-sentence custody, emphasizing denunciation and deterrence.