Nora Lapp

The appellant was arrested for possession of oxycodone for the purpose of trafficking, and his truck was seized as offence-related property.

The assignee of the conditional sales contract for the truck, Ally Credit Canada Limited, applied for its return under s. 490 of the Criminal Code.

On the application date, the appellant's counsel's assistant requested an adjournment, which the application judge refused, ordering the truck returned to Ally.

The appellant appealed the order.

The Summary Conviction Appeal Court dismissed the appeal, finding that the application judge did not err in refusing the adjournment and that Ally had established it was entitled to possession of the truck due to the appellant's breach of the contract.

The offender was convicted after trial of conspiracy to export MDMA and possession of MDMA for the purpose of exportation under the Controlled Drugs and Substances Act.

The evidence established participation as a principal intermediary in a large-scale scheme exporting tens of thousands of ecstasy pills from Canada to the United States.

The court emphasized the scale of the operation, the substantial potential profits, and the need for general deterrence in commercial drug trafficking involving international exportation.

Although the offender had no prior criminal record and had supportive personal circumstances, the court found that only a custodial sentence would be proportionate.

Concurrent six-year penitentiary terms were imposed along with firearms prohibition and DNA orders.