Natasha Ramkissoon

The court delivered reasons on sentencing for convictions of possession for the purpose of trafficking fentanyl and cocaine, and possession of proceeds of crime.

The Crown sought a significant consecutive sentence, merging with a pre-existing term, resulting in a substantial remnant sentence after credit for pre-sentence custody.

The defence argued for a time-served sentence, citing mitigating factors including the offender's lack of prior record at the time of the index offences and alleged hardship during incarceration.

The court, emphasizing the principles of deterrence and denunciation, particularly in the context of the ongoing drug epidemic, found the Crown's proposed sentence proportionate to the gravity of the offences and the offender's culpability, rejecting the defence's arguments for a lesser sentence.

The applicant, convicted of drug possession and trafficking and sentenced to 34 months' incarceration, sought bail pending appeal.

The Crown opposed the application on grounds of public safety and public confidence in the administration of justice, pursuant to s. 679(3)(c) of the Criminal Code.

While the court found the applicant met the public safety onus, it noted residual concerns due to his recent criminal history involving firearms and disregard for previous release conditions.

Ultimately, the court dismissed the application, concluding that the serious nature of the drug offences, the substantial sentence, and the grounds of appeal not clearly surpassing the "not frivolous" standard, meant that releasing the applicant would undermine public confidence in the administration of justice.