Mr. Guiste

During a trial involving wiretap evidence, the accused brought an application for a stay of proceedings after all evidence had been called and closing addresses completed.

The accused alleged that the Crown failed to disclose contact information and particulars regarding two individuals, which impaired his ability to make full answer and defence.

The court dismissed the application, finding that the accused failed to pursue disclosure diligently, did not establish prejudice, and that a stay of proceedings is a remedy of last resort not justified in these circumstances.

The offender was convicted of multiple serious drug offences, including importing cocaine and exporting ecstasy, as well as firearms offences.

At sentencing, the defence argued that the offender's difficult youth in a crime-ridden neighbourhood as an African Canadian should mitigate his sentence, analogous to the Gladue principles for Aboriginal offenders.

The court rejected this argument, finding no evidentiary link between his early childhood and his commercial drug enterprise at age 40.

Applying the totality principle, the court imposed a global sentence of 15 years, reduced by 6 years for pre-trial custody.