Michael Jones

The accused, a 50-year-old Aboriginal man with severe medical vulnerabilities, pleaded guilty to possession of percocets for the purpose of trafficking.

The Crown sought 18 months to two years less a day in custody, while the defence sought a one-year conditional sentence.

Applying the principles from Gladue and Sharma, and taking judicial notice of the heightened risks posed by the COVID-19 pandemic to incarcerated individuals, the court found that a conditional sentence was appropriate.

The accused was sentenced to a 12-month conditional sentence, including 45 days of house arrest, along with a weapons prohibition subject to a sustenance hunting exemption.

Police services applied to quash subpoenas duces tecum issued by a preliminary inquiry judge compelling production of police policy directives governing confidential informants.

The subpoenas were issued after the Crown had refused defence disclosure requests for the documents on grounds of irrelevance and informer privilege.

The Superior Court held that a preliminary inquiry judge lacks jurisdiction to determine disclosure applications, whether framed as first-party disclosure under Stinchcombe/McNeil or third-party production under O'Connor.

By issuing subpoenas that effectively compelled production of materials the Crown had declined to disclose and which were arguably held by third parties, the preliminary inquiry judge exceeded his jurisdiction.

The subpoenas were therefore quashed.