The court sentenced Joshua Biernacki for trafficking in heroin, following a jury verdict acquitting him of manslaughter in the overdose death of Deborah Beer.

The decision reviews the tragic facts, the offender’s background, and the impact on the victim’s family.

The court analyzes the legal framework for sentencing, including the principles of proportionality, denunciation, deterrence, and rehabilitation, and considers the appropriateness of a conditional sentence.

Ultimately, the court imposes an 18-month conditional sentence followed by two years of probation, with ancillary orders, finding that a custodial disposition is required but can be served in the community given the circumstances.

The court sentenced Tahir Ul-Haq for trafficking fentanyl, after he sold what he believed to be cocaine to a friend, resulting in one death and one serious injury.

The court found that Mr. Ul-Haq was not a commercial trafficker, did not know the substance was fentanyl, and sold it as a favour without profit.

The sentence imposed was a conditional sentence of two years less a day, followed by probation, with ancillary orders.

The decision carefully weighs aggravating and mitigating factors, including the tragic consequences, Mr. Ul-Haq’s personal circumstances, and the collateral immigration consequences of conviction.

Joseph Pauze was sentenced for possessing fentanyl for the purposes of trafficking and crystal methamphetamine.

The Crown sought a penitentiary term of 4-8 years for fentanyl and 3-6 months consecutive for methamphetamine, while the defendant sought a conditional sentence.

The court considered the dangerous nature of fentanyl, the local opioid crisis, the defendant's lengthy criminal record including prior trafficking convictions, and mitigating factors such as his age, poor health, and cooperation.

The court found the trafficking level to be beyond street level and emphasized denunciation and deterrence.

A six-year sentence for fentanyl trafficking and a concurrent six-month sentence for methamphetamine possession were imposed, along with forfeiture, a lifetime weapons prohibition, and a DNA order.

Michael Malabre was convicted following a jury trial of possessing cocaine and fentanyl for the purpose of trafficking and possessing the proceeds of crime under $5,000.

The Crown sought a penitentiary sentence of five to seven years, while the defence requested a conditional sentence of 18 to 24 months, citing pre-trial custody conditions and the effects of anti-Black racism.

The court found a conditional sentence inappropriate, imposing a sentence of four years and nine months incarceration.

The judge considered aggravating factors including the dangerous nature and quantity of drugs (fentanyl), the commercial scale of the trafficking, evidence of prior sales, and the mixing of drugs.

Mitigating factors included the offender's youth, difficult upbringing, and harsh pre-trial detention and stringent bail conditions.

The court found insufficient evidence to connect anti-Black racism to the offender's moral blameworthiness in this specific case.

Daniel Hastings was found guilty of possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The Crown sought a four-year custodial sentence, while the defence requested a two-year conditional sentence.

The court considered the seriousness of fentanyl trafficking, the offender's lengthy criminal record, and significant mitigating factors including his first trafficking conviction, low-level involvement, and substantial rehabilitation efforts since the offence.

The court found exceptional circumstances, including the offender's commitment to sobriety, employment, and community involvement, justified a conditional sentence.

A global sentence of two years less a day conditional sentence, followed by 18 months probation, was imposed, along with ancillary orders.