Rachel Jones

The defendant was charged with unlawful possession of cocaine contrary to section 4(1) of the Controlled Drugs and Substances Act.

The Crown proved beyond a reasonable doubt that the substance seized was cocaine and that the defendant had knowledge and control of it.

However, the court found that the strip search conducted at the police detachment violated the defendant's Charter rights under section 8 against unreasonable search and seizure.

The search lacked reasonable and probable grounds, was conducted as a matter of routine policy rather than on a case-by-case basis, and was not authorized by a supervisor.

Applying the Grant test under section 24(2) of the Charter, the court found that the seriousness of the Charter violation and its impact on the defendant's protected interests outweighed society's interest in adjudication on the merits, resulting in the exclusion of the evidence and a finding of not guilty.

Dustin Klammer was found guilty of trafficking in fentanyl, possession of fentanyl for the purpose of trafficking, and possession of currency obtained by crime.

The court considered aggravating factors, including the quantity and strength of fentanyl, continued drug use, and a prior trafficking conviction while on bail.

Mitigating factors included no prior record at the time of the offences, expressed remorse, and efforts to address addiction.

The court emphasized general deterrence and denunciation due to the dangers of fentanyl, alongside specific deterrence given the offender's continued involvement in drug culture.

A sentence of 33 months in custody was imposed concurrently on all counts, along with a DNA order and a lifetime weapons prohibition.