Rachel Garrett

The court sentenced Jeremy Johnson for possession of fentanyl and cocaine for the purpose of trafficking, and simple possession of cocaine, following a jury verdict.

The decision reviews the facts, the offender’s background, the positions of Crown and defence, and the applicable case law, including the Supreme Court’s guidance in R. v. Parranto.

The court found significant aggravating factors, including the large quantity of fentanyl, and imposed a global sentence of 11 years and six months, with credits for pre-sentence custody and time spent on house arrest (Downes credit), resulting in a net sentence of 11 years’ incarceration.

Ancillary orders included a weapons prohibition, DNA order, and forfeiture of seized items.

This decision addresses a motion for costs brought by self-represented defendants, Michael Malouf and his companies, after the plaintiff, Ginoogaming First Nation, discontinued its action against them.

The defendants sought substantial indemnity costs, arguing the plaintiff's action against them was frivolous.

The court found the plaintiff's initial action was bona fide and not vexatious, and that there was no reprehensible conduct to warrant substantial indemnity costs.

Applying principles for self-represented litigants, the court rejected the defendants' claimed hourly rate and excessive hours, finding only a modest unquantified lost opportunity cost.

The court awarded a lump sum for lost opportunity costs related to preparing the statement of defence and a change of venue motion, excluding costs already dealt with in previous injunction motions and work done after the notice of discontinuance.