ONTARIO COURT OF JUSTICE
DATE: 2021 09 23 COURT FILE No.: Guelph OCJ #19/795, 20/3181(02), 20/1627, 19/3398, 20/3182(02)
BETWEEN:
HER MAJESTY THE QUEEN
— AND —
SARAH DAVISON
Before: Justice M.K. WENDL
Heard on: July 21, 2021 Reasons for Sentence released on: September 23, 2021
Counsel: C. Bond................................................................................. Counsel for the Federal Crown R. Butler........................................................................... Counsel for the Provincial Crown R. Hintsa.................................................................................... Counsel for Sarah Davidson
WENDL J.:
[1] Sarah Davison pleaded guilty to the following offences: (a) Possession for the purpose of trafficking in fentanyl contrary to section 5(2) of the CDSA. (b) Trafficking in fentanyl contrary to section 5(1) of the CDSA x 2. (c) Trafficking in cocaine contrary to section 5(1) of the CDSA. (d) Possession of Fentanyl contrary to section 4(1) of the CDSA. (e) Possession of Cocaine contrary to section 4(1) of the CDSA. (f) Trafficking in property under 5000 dollars obtained by crime contrary to section 355(2) of the CCC. (g) Possession of property over 5000 dollars obtained by crime contrary to section 354 of the CCC. (h) Breach of a release order contrary to section 145(3) of the of the CCC.
[2] This sentencing decision deals with CDSA charges. With regard to those charges, the Federal Crown is seeking a 6-year sentence, minus pre-sentence custody. The defence is seeking a 4-year sentence, minus pre-sentence custody. The province has agreed to a 30-day sentence, concurrent to the CDSA offences, as a result of the significant sentence she will receive on the CDSA charges and the principle of totality.
[3] An agreed statement of fact is attached to these reasons as Appendix A. However, briefly, in relation to the two charges of simple possession, both cocaine and fentanyl, Ms. Davison was found in possession of 4.13 grams of cocaine and 2.74 grams of fentanyl pursuant to the execution of a search warrant. In addition to that, other controlled substances, drug paraphernalia and cash were found during that search.
[4] Relative to the charge of possession of the purpose of fentanyl, the amount consisted of 20.41 grams. As regards the trafficking allegations, the amounts are 3.53 and 7.04 grams for the two fentanyl charges respectively and 27.03 grams for the cocaine. The total amount of fentanyl was 33.74 grams and 31.16 grams of cocaine.
BACKGROUND
[5] Sarah Davison is 43 years old. She has a limited record consisting of two impaired convictions in 2009 and 2011, a conviction for simple possession 2019 and then entries for breaches and a property offence in 2020. The criminal record corroborates the assertion by counsel that she developed a cocaine addiction in 2017. Prior to 2017, other than the impaired charges, she was an otherwise a contributing member of society with a home and a job.
[6] I am prepared to find that she is an addict, however, she was not simply an addict dealer or, as categorized by the Court of Appeal in Lazo [1], an addict who was trafficking at the street level, the bottom end of the ladder.
[7] The agreed statement of fact reveals that she is a mid-level dealer. This is confirmed by the level of her distribution, the fact she had access to multiple kinds of drugs and even two different types of fentanyl, the fact she could easily double an order on a request for someone who wanted to deal themselves, and the fact she employed others to deliver. Simply put, as the Crown stated, the operation had a certain degree of sophistication. Therefore, she must be distinguished from an addict dealer as characterized in Lazo.
SENTENCING RANGE FENTANYL
[8] The Court of Appeal recently stated in Olvedi [2] that the sentencing range for fentanyl is still evolving. Latimer J., in Fuller [3], and Kelly J., in Piri [4], provide an excellent overview of that developing case law. The facts in Piri are closer to the facts at bar.
[9] Again, after a thorough review of the case law, Kelly J. sentenced Mr. Piri to 6 years in custody. As in our case, he was an addicted trafficker, although the drug of choice was different, he was proximate in age, at the time of sentence he was 39, the trafficking occurred over a protracted period of time and the amounts of narcotics is similar. He pleaded guilty to trafficking in 27.22 grams fentanyl, another trafficking of 2.16 grams of fentanyl, trafficking in heroin (containing fentanyl) of .96 grams and possession for the purpose of trafficking in fentanyl of 6.97 grams.
[10] The court cannot fundamentally distinguish Piri from the facts at bar. The amounts of fentanyl are similar, and Ms. Davison has the added cocaine charges, the age, background, and criminal record are not sufficiently distinct. Although Mr. Piri does have a record for trafficking, that was a schedule II substance for which he received probation. Ultimately, both Mr. Piri’s and Ms. Davison’s records and backgrounds reveal to me persons who had addiction concerns, although different in nature, and persons who, at points in their life, worked and had been contributing members of society.
[11] The fundamental sentencing principles for trafficking in fentanyl are that of denunciation and deterrence, although in this case, given Ms. Davison’s background and prospects, the court must not lose sight of rehabilitation. This was the same approach Kelly J. took in sentencing Mr. Piri:
This is a very difficult case. I am cognizant of the horrific repercussions of fentanyl in our community. Deterrence and denunciation are significant considerations in sentencing a person like Mr. Piri who has been found guilty of serious offences. However, I cannot ignore Mr. Piri’s possible rehabilitation. [5]
[12] The 6-year sentence proposed by the Crown is fit and accords with the evolving case law. Much has been written about the dangers of fentanyl which I will not repeat here. However, the bottom line is this: fentanyl kills, and sentences need to reflect that fact.
[13] Therefore, I impose 6 years concurrent on the trafficking and possession for the purpose offences, minus pre-sentence custody. On the simple possession charges, I impose 5 months concurrently. On the Criminal Code charges, I impose the 30 days concurrently as proposed in the joint submission. In addition to that, I impose a DNA order and 109 on the trafficking and possession for the purpose offences.
Released: September 23rd, 2021 Signed: Justice M.K. Wendl
APPENDIX A
ONTARIO COURT OF JUSTICE (WEST REGION)
B E T W E E N:
HER MAJESTY THE QUEEN
– and –
Sarah DAVISON (Accused)
STATEMENT OF ADMITTED FACTS ON GUILTY PLEA
The accused, Sarah Davison accepts the facts as set out below for the purposes of her guilty pleas and sentencing hearing.
Background of Accused:
[1] Sarah Davison was born on [xxx], 1977 and is 43 years old. She has a criminal record. (Attached as Appendix 1). She was arrested on June 10, 2020 and released on July 21, 2020. She was then arrested on December 3, 2020 and has been in custody continuously since. She has not made a bail application.
[2] The Pre-Trial custody calculation is 42 days from June 10, 2020 to July 21, 2020 and then 231 days from December 3, 2020 to July 21, 2021 for a total of 273 days. Enhanced at 1.5 is an additional 137 days for a total enhanced credit of 410 days.
[3] At the time of the offences to which Sarah Davison has plead guilty, as set out below, she was on a conditional sentence, probation order and bail release terms.
[4] On May 1, 2020 Sarah Davison was placed on a conditional sentence by Ontario Court of Justice Judge Rabley in the City of Kitchener with the following conditions:
-“Keep the peace and be of good behavior” -“Do not buy, possess or consume alcohol or other intoxicating substance” -“Live at 40 Silvercreek PKY N, unit 29 Guelph On, or at 43 Forster Drive, Guelph, On.”
[5] On the July 21, 2020, Sarah Davison entered into a Judicial Interim Release Order for Controlled Drugs and Substances offences of June 10, 2020. One condition read as follows: to remain in your residence 24 hours a day. The address was listed as 1-567 Woolwich Street, Guelph.
[6] On the July 6, 2020, Sarah Davison entered into a Probation Order. One condition read as follows: keep the peace and be of good behaviour.
[7] At the time of the offences to which Sarah Davison has plead guilty, as set out below, she was on a conditional sentence, probation orders and bail release terms.
[8] Sarah Davison has entered guilty pleas to the following: i. CDSA Information #1: Count 1: Section 5(2) – June 10, 2020 – fentanyl – guilty plea to lesser but included possession pursuant to section 4(1) CDSA Count 4: Section 5(2) – June 10, 2020 – benzodiazepine (Schedule IV) - guilty plea to lesser but included possession pursuant to section 4(1) CDSA ii. CDSA Information #2: Count 1: Section 5(1) – December 3, 2020 – fentanyl – 7.04 grams Count 2: Section 5(1) – December 3, 2020 – cocaine – 27.03 grams Count 3: Section 5(1) – fentanyl – November 25, 2020 – 3.53 grams Count 4: Section 5(2) – fentanyl – December 3, 2020 – 20.41 grams
I. FACTS
i. CDSA Information #1:
[9] The Guelph Police Drug Enforcement Unit (DEU) received information in respect of Sarah DAVISON and Steven AYLES. As a result, they conducted a Controlled Drugs and Substances Act investigation and made observations of Mr. Ayles meeting with various known drug users as well as unknown persons for short periods of time on June 3 and June 8, 2020 at Unit 26 of 19 Woodlawn Road North (Wayfare Motel). On June 8, 2020 Ms. Davison was noted at the residence as well. Police formed the opinion that the meetings were consistent with drug transactions and in combination with confidential information they applied for and were granted a CDSA search warrant on June 9, 2020 for Unit 26 of 19 Woodlawn Road North (Wayfare Motel). The search warrant was valid between June 9, 2020 1:00pm to June 11, 2020.
[10] On June 10th, 2020 at approximately 8:00 a.m. Guelph Police Drug Enforcement Unit with the assistance of the Tactical Unit executed the search warrant. Sarah DAVISON and Mark CHARLAND were located inside and were both arrested for possession for the purpose of trafficking in controlled substances. Mr. Ayles was not present. Ms. Davison was read her rights to counsel and cautioned prior to being transported to the Guelph Police Station.
[11] Police then executed the search warrant at Unit 26 and located the following items during execution of the warrant: Total cocaine was 4.13 grams:
- 1.12 grams cocaine located in the bathroom on a counter (tested)
- 2.61 grams of cocaine located on desk by TV (tested)
- .4 grams of cocaine on left side of bed (tested) Total fentanyl was 2.74 grams:
- 2.43 grams of fentanyl in bag on left side of bed – tested as fentanyl
- .31 grams of a mixture of heroin and fentanyl located on top of a mini fridge (tested) Total methamphetamine was .84 grams:
- vial of crystal methamphetamine containing .33 grams in bag on right side of bed – tested as methamphetamine
- vial of crystal methamphetamine containing .51 grams in suitcase on right side of bed – tested as methamphetamine fentanyl Total benzodiazepine was 47 pills:
- 47 pills Alprazolam (benzodiazepine) Schedule IV (tested) – inside a suitcase along with a naloxone kit in kitchen area Total cash seized was $1435.00 CAD:
- $1385 (16x$50, 25x$20, 3x$10, 1x$5) located in a wallet with Ms. Davison’s identification inside
- $50.00 bill located on right side of bed Cutting agent was 101.87 grams:
- 14.53 grams of cutting agent on top of desk
- 83.67 grams of cutting agent on top of nightstand
- 3.67 grams of cutting agent on back area of nightstand
- contaminated smoking pipe located on a table by the TV (tested as methamphetamine and fentanyl)
- baking soda
- large mixing bowl with powder residue – tested as cocaine
- 1 functioning scale with powder residue located in the desk drawer – tested as cocaine and fentanyl
- non - functioning scale with residue found inside a nightstand– tested as cocaine and fentanyl
- large amount of empty dime bags - top drawer of nightstand and bedside table
- magic bullet mixer with powder located in nightstand – tested as cocaine and fentanyl
- green food dye
- 7 vanilla prepaid visa cards in purse on bed
- folding knife located on the bed
- 3 cell phones: Motorola, Samsung and FIGO
- Acer laptop computer
- debt list located on left side of bed
ii. CDSA Information #2:
Drug Sales:
[12] In November 2020 the Guelph Police Drug Enforcement Unit had received confidential informant information that Sarah Davison was involved in the trafficking of cocaine and fentanyl.
[13] On November 25, 2020, an undercover officer (U/C) arranged a deal for a “ball” of fentanyl for $550.00. A “ball” is slang for 3.5 grams or 1/8 of an ounce. The following is the contact between the undercover officer and Sarah Davison.
[14] At approximately 3:00pm the U/C placed a call to the accused cell number 226-962-4464 and received no answer. He then immediately received a text from the accused number. (For the ease of reference for all texts and phone conversations of the accused she will be referred to as T1 and the U/C will be referred as UC). T1 “Sorry I don’t answer numbers I don’t know. Who are you” UC “Matts bubby Kevin. He said I was good to give you a shout” T1 “ya” At approximately 3:01pm the U/C placed a phone call to the accused’s cell phone. During this conversation he learned the following information. (This a generalization of the conversation unless in quotation marks).
Meet will be at approximately 3:45pm
T1 was asked to be picked up at 189 Willow Rd.
T1 asked for the U/C to park out front of this residence and call her
T1 advised that she didn’t have the drugs on her and that they needed to go to her “other spot” At approximately 3:41pm the accused and the U/C again began to text one another. T1 3:41pm - “ETA?” UC 3:43pm - “Sorry 10 mins” T1 3:45pm – “Just pull up in front tell when you turn onto willoe” At approximately 4:40pm the U/C placed a call to the accused and received no answer. The accused then immediately texted back. T1 4:40pm – “sorry I don’t answer numbers I don’t know. Who are you” UC 1640pm – “just arrived Kevin” “Sorry” T1 1640pm – “Oh one second” UC 4:41pm – “perfect ” Approximately 3 to 4 minutes later the accused attended to the U/C’s vehicle and entered the passenger seat. (During their interaction with one another the following is a generalization of the conversation unless in quotation marks).
T1 introduced herself as Sarah
UC apologized for being late and blamed it on vehicle issues
T1 said her dope is at her house and advised the UC to drive straight to Silvercreek and turn left.
T1 confirmed that I was buying a “ball”
T1 asked if I have been at her residence and bought from “Steve”
UC advised T1 no, believe “Matt” has
T1 advised that “Steve” is her ex-boyfriend and she really wasn’t sure what they are now
T1 advised that she wouldn’t sell to kids, only friends and people she knows that needs it
T1 advised that she doesn’t use “fetty”
T1 referred to herself as a “crackhead” and that is what she uses
T1 arranged to double the order of “fetty” next week
T1 apologized after coughing referring it to her “crack cough” At approximately 4:57pm they pulled into the south driveway of 70 Silvercreek. At this time the accused pointed at the end unit and said that was her place. The accused exited the vehicle and walked into the lobby doors and walked towards the unit she had pointed to. At approximately 4:51pm the accused texted the U/C’s phone. T1 4:51pm – “Hey I left my dope at the other house” “Shes bringing it rn” UC 4:52pm – “Who she” UC 4:52pm – “Can I call ya” At approximately 4:52pm the U/C placed a phone call to the accused. (The following is a generalization of the conversation unless in quotation marks.)
T1 advised that she left her dope at the place where she had been had picked up at
T1 was having her friend bring the drugs over and asked if the U/C could wait a few minutes
T1 agreed to come back to the U/C’s vehicle and he would drive her to go and pick up the drugs At approximately 4:55pm the accused attended out to the U/C’s vehicle and got into the passenger seat. (The following is a generalization of our conversation unless in quotations.)
UC began to arrange a price for the 7 grams of “fetty” that he was going to purchase next week
T1 referred to the 7 grams as a “Cuban” and that she would sell it to the U/C for $900.00.
T1 advised it was best they were going back to get the dope as her friend may not find it in the bedroom and her friend doesn’t like to weigh the dope
T1 when asked advised that her dealer was from out of town and delivers to her
T1 advised she can get basically anything
T1 right now has two colours of “fetty” . The accused asked if the U/C wanted a mixture
T1 advised that her friend said that they were both good
T1 advised that the U/C can start to call her “Raven” At approximately 5:00pm the U/C parked in front of 189 Willow Rd. The accused exited the vehicle and walked to the front doors of 189 Willow Rd. and walked in without knocking. Approximately 1 to 2 minutes later the accused exited 189 Willow Rd. and walked back to the U/C vehicle and entered the passenger seat. They then drove back to 70 Silvercreek Parkway arriving at approximately 5:05pm. They parked in front of the accused’s residence. (The following is a generalization of the conversation unless in quotations.)
T1 tried to convince the U/C to attend into her unit to complete the deal
UC reminded T1 of the vehicle issues and that he was unable to turn off the vehicle
T1 advised that she doesn’t like to deal in “open”
T1 says there are cameras around and then she will be ok The U/C observed the accused exit the vehicle and walk to her unit and enter. Approximately 3 to 4 minutes later a male exited and stared at the U/C’s vehicle. This male then proceeded to walk to the passenger side of the vehicle and open the door. The U/C proceeded to question who he was. He said “Kyle”. He then advised that “Raven” sent him out. The male then proceeded to enter the vehicle where he placed the drugs on the console of the U/C’s vehicle. Kyle was given $550.00. He then left the vehicle. The U/C then texted to the accused’s phone as follows: UC 5:12pm – “thanks Raven” T1 5:12pm – “no problem let me know whay you think” UC 5:30pm – “will do” “What would an oz of soft cost me?” “Might get some off ya also”
[15] The substance purchased was blue and purple in colour. It was in a clear plastic baggie with a marijuana leaf symbol on it. Police believed that they had purchased fentanyl. The substance was taken to the Guelph Police Station and when weighed without packaging was found to be 3.53 grams. A sample of the substance has been tested and identified as fentanyl. There were no other controlled substances mixed in.
[16] On Saturday November 28, 2020 the U/C was off duty and sent the following texts to the accused’s phone: they were not replied to. UC 9:47pm – “Hey there” “Hope all going well” “U said you be good. My schedule thinking 6-7pm” “We can head for coffee or bite” “let me know what works for ya”
[17] On Tuesday December 1, 2020 the U/C sent the accused’s phone the following text. There was no reply. UC 3:36pm – “Can I call ya”
[18] On Wednesday December 2, 2020 the U/C had the following text and phone conversations with the accused. UC 2:24pm – “are we on for tonight?” “U have any fetty or all out?” T1 3:32pm – “Hey” UC 3:32pm – “Hows it going. Thought u were ignoring me. Everything ok” T1 3:33pm – “sorry my phone was found” UC 3:34pm – “ohh geeesh” “are you good tonight. Or better tomorrow after 3ish” T1 3:40pm – “How much ypu looking for?” UC 3:41pm – “We chatted last week and u said u could do a Cuban for 900” T1 3:42pm – “Ok and yes I have that” UC 3:43pm – “Ok” “are you able to get me some white also? Or help me with a hook up?” UC 3:43pm – “Thanks Raven” UC 3:44pm – “if you need some time to put both together I can come tomorrow also. Going this way both days” T1 3:45pm – “I can help you get some onr sec” T1 3:47pm – “22 my guy said” T1 3:50pm – “For the white” UC 3:50pm – “2200 for ounce” “That’s good can I get Cuban and oz tomorrow off of ya” “what time would work? T1 3:51pm – “I need an exact time you be here” UC 3:59pm – “6:30 ish tomorrow?” “3100 total for the ounce and Cuban” UC 3:59pm – “Thanks a million” UC 4:15pm – “That time work for you” T1 4:25pm – “he booked you in” UC 4:29pm – “Lol” “Where ya want to meet” T1 4:56pm – “180 Willow” T1 5:06pm – “But for that youll have to come in and turn off you car” UC 5:50pm – “I trust you !!!” “Is this good friend of yours?” “U trust him” “Who will all be there. If three us I would feel more comfortable ill meet him and get to know him” “I’m good at reading people (smile emoji)” T1 9:16pm – “I need the cash up front for the soft” UC 9:19pm – “????” “Thought I was meeting your guy” “Be a deal” “I been ripped off before doing this in the past” At approximately 9:20pm the accused and the U/C spoke on the phone. The call lasted approximately 5 minutes. During this phone call it was extremely tough to obtain information as the accused was slurring words and showing signs of being intoxicated either by alcohol or drugs. (The following is a generalization of our conversation unless in quotation marks.)
- T1 spoke with the U/C on speaker phone and a second female was heard speaking in the background during the conversation
- T1 when asked advised that the female was Cathy who resided at 189 Willow Rd.
- T1 wanted the U/C to front the money for the cocaine but I didn’t have to for the “fetty”
- UC advised that he had been ripped off in the past
- T1 said she would front the $2200.00 but doesn’t have the money
- Arrangements made that the U/C would call when he arrived
- T1 advised the U/C to park on Applewood
- T1 advised to call when he arrived and the deal will be done just inside the door
- T1 and the female “Cathy” were heard discussing if the deal should be at the front door or back door “Cathy” was heard saying that the front door would be fine
- T1 advised that “Cathy” her supplier and her would be present at the meet
- T1 advised that the deal would be quick and that the drugs would be ready and that all the drugs would be sold at the same time and not separate
[19] On the 3rd of December 2020, the same undercover officer arranged for the purchase of 7 grams of fentanyl and 28 grams of cocaine from Sarah Davison. The following is the text conversation that took place. UC 3:48pm – “still good for 6:30 (emoji thumbs up)” T1 3:48pm – “yes” UC 3:48pm – “sweet” “Thanks” T1 3:51pm – “NP” At approximately 5:41 pm The U/C officer was provided $3100.00 to be used to purchase the drugs. The serial numbers were recorded. The money was separated into three separate piles. Two piles were for $1000.00 each and the last pile was for $1100.00. T1 6:07pm – “Hey my guy is running late” T1 6:08pm – “But your more than welcome ro come by my place 70 Silvercreek parkway n unit 18” UC 6:09pm – “I’m running late also. No worries. What time is he ex pected to be there” T1 6:11pm – “He asked about 9pm” UC 6:15pm – “Holly shit!!!!” “Fore sure” “I still have to head up North” “Why did I even make an appointment lol!!” T1 6:20pm – “Come my other boy is here” “Come to 70 Silvercreek parkway unit 18” UC 6:21pm – “When did he get there” T1 6:21pm – “Have to come in. one of my other guys is here” T1 6:22pm – “I just need to give him an eta for you to be here” At approximately 6:22pm T1 placed a call to the U/C but he did not answer T1 6:23pm – “He has to call in the order” UC 6:26pm – “If he calls it in how long will he be” T1 6:27pm – “30 min” T1 6:28pm – “need to know Kiddo” UC 6:37pm – “Ya lets do it” UC 6:46pm – “Did your guy order it” T1 6:47pm – “yes” UC 6:48pm – “Ok thanks. 30 mins then” UC 7:38pm – “How is it going” “Any update” T1 7:38pm – “15ish” T1 7:39pm – “the delivery guy is black but youe welcome to comr hang out” UC 7:40pm – “Heading snag a coffee “Thanks” T1 7:40pm – “Can you grab me” T1 7:40pm – “Tims or McDonald’s?” UC 7:40pm – “Tim’s what you take in it” T1 7:43pm – “lol small chocolate chill no whip cream” T1 7:44pm – “Just take it out of rhe money for the q of flowers” T1 7:40pm – “Yours 2 il pay for that” UC 7:44pm – “My treat” T1 7:50pm – “It’s here hun” UC 7:54pm – “Ok in drive tru Few minutes can I call ya” At approximately 7:56pm the U/C placed a phone call to the accused that lasted approximately 1 minute. (The following is generalization of our conversation unless in quotation marks).
UC advised T1 he didn’t want to make the deal within her residence
T1 advised that the people in her residence were good and that she trusted them
UC advised T1 that he would go into the lobby doors prior to entering her apartment and we would do the deal there
T1 advised that there are cameras in there and doesn’t feel comfortable
T1 stated “I will come out to the van - you can pass me the Tim Horton’s and we will do the deal at door of your van”
UC “sounds good”
T1 “see you soon”
T1 8:04pm – “ Hey hun id feel better if you came up to the door I understand your reluctance but feeling rushed I don’t like”
T1 8:05pm – “But Il meet you at the door” At approximately 8:05pm the U/C placed a phone call to the accused that lasted approximately 1 minute. (The following is a generalization of our conversation unless in quotation marks).
UC advised that he wasn’t comfortable going to the door and or in the apartment
UC advised T1 that he would pick her up and that we will go to a parking lot and make the deal
T1 advised that she is putting on her shoes and that she will be a minute At approximately 8:11pm the U/C picked up the accused in front of her residence. As soon as the accused got in the van, he observed her immediately place the blue fentanyl and cocaine on the dash of the vehicle. The U/C then proceed to drive towards Willow West Mall. During the drive the accused thanked the U/C for the Tim Horton’s and stated that there is a lot of “Heat” around her unit and police presence. At approximately 8:14pm they arrived at Willow West mall. Once at this location the U/C advised the accused that the money was in three separate bundles. The accused proceeded to count the first bundle. Once completed she indicated that the U/C could turn out the light as she was used to counting money in the dark. At approximately 8:16pm the accused had completed counting the money and said they could start driving back to her residence. (The following is a generalization of our conversation unless in quotation marks.)
UC asked if on Monday he could buy some more drugs
T1 advised that would be no problem and that she could get anything
UC asked if he would be able to double the weights of cocaine as he was trying to sell it and make some money
T1 said that she has a few contacts and could fill 2, 5, 9 pack to kilo cocaine easily
T1 stated that she could use her brother to fill the orders At approximately 8:18pm the accused thanked the U/C as he dropped her off at her residence. At approximately 8:19pm the U/C turned over the drugs he had purchased to members of the Drug Unit.
[20] The substances obtained by the undercover officer as a result of the drug transaction were taken to the Guelph Police Station and when weighed without packaging were found to be 27.03 grams of a substance believed to be cocaine and 7.04 grams of a substance believed to be fentanyl. Samples of the substances have been tested as follows: 7.04 grams was identified as containing fentanyl and a Schedule IV substance called benzodiazepine; 27.03 grams was identified as cocaine only.
Search warrant for 18-70 Silvercreek Parkway:
[21] Guelph Police Drug Enforcement Unit Officers had applied for and obtained a search warrant for 18-70 Silvercreek Parkway North on the 3rd of December 2020. The warrant was executed at 8:20PM by the Guelph Police Guelph Police Drug Enforcement Unit.
[22] Sarah Davison was arrested in a bedroom in the presence of Jevon Allen. A search incident to the arrest of Sarah Davison resulted in officers locating a total of 20.41 grams of a substance in 3 separate packets. All three packets were located inside the right front pocket of the coat that Sarah Davison was wearing when she sold the drugs to the U/C and at the time of her arrest. When weighed without packaging they were found to be: 10.41 grams; 4.2 grams and 5.79 grams respectively. A sample of each substance has been tested and identified they have all been identified as containing fentanyl and a Schedule IV substance called benzodiazepine. In addition, $525 CAD ($20 x 16, $10 x 20, $5 x 1) was located on Sarah Davison at time of arrest. All money was compared to the original buy money. All the $10 bills ($200.00) matched the serial numbers on the buy money. The $20 bills and $5 bill ($325.00) did not match the buy money used by the undercover officer for either of the drug purchases. The valuation of the 20.41 grams is: $1800 - $2000 for 20 grams; $200 - $220 per gram; and approximately $30 per point of a gram.
[23] Jevon Allen of Cambridge Ontario jumped out the second storey window to evade police. He was caught by police as he ran from the scene. He was searched incident to his arrest and police located $190.00 CAD in his possession. None of the serial numbers for the bills that were located on him matched the buy money used by the undercover officer for the purchase on December 3, 2020. Jevon Allen is still before the Courts.
[24] There was a large quantity of cash laid out on the bed when police entered the room. When counted it totaled $2850.00 CAD. $1500.00 CAD ($20 x 75) and $1350.00 CAD ($50 x 27). All these bills were located on the bed and all serial numbers matched when compared to the buy money used by the undercover officer for the purchase on December 3, 2020.
[25] In total, $3050.00 of the original $3100 from the December 3 drug buy was located either on Sarah Davison or within the room that Sarah Davison and Jevon Allen were in at the time of the execution of the search warrant.
[26] The results of the execution of the search warrant yielded the following:
- Bedroom where Sarah Davison was arrested:
- 40 empty dime bags on a shelf below a TV
- Kate Spade purse containing $120.00 CAD on the bed
- Black and Decker mixer with residue – drawer – found to be contaminated with heroin, fentanyl and benzodiazepine on a shelf
- False can used for concealment on a shelf Bedroom that contained personal items identified to Sarah Davison and was used by her as her bedroom:
- a functioning digital scale in a top drawer – found to be contaminated by both fentanyl and cocaine
- 64 empty dimes in the same drawer
[1] R. v. Lazo, 2012 ONCA 389 [2] R. v. Olvedi, 2021 ONCA 518 at 51 [3] R. v. Fuller, 2019 ONCJ 643 [4] R. v. Piri, 2020 ONSC 920 [5] Piri, supra at 23
