Rachel Ward

The court sentenced Daniel Thompson, a youthful first offender, for trafficking in cocaine, possessing cocaine for the purpose of trafficking, and possessing a loaded restricted firearm.

The decision reviews the circumstances of the offences, Mr. Thompson’s personal background, the positions of the parties, and the applicable sentencing principles and ranges.

After weighing aggravating and mitigating factors—including Mr. Thompson’s youth, lack of record, remorse, and the impact of anti-Black racism—the court imposed a global sentence of 30 months’ imprisonment, concurrent on all counts, with credit for pre-sentence custody, and issued ancillary orders.

This decision addresses a section 11(b) Charter application by three co-accused seeking a stay of proceedings for unreasonable delay in a large-scale drug importation and trafficking prosecution.

The court found the total delay (41 months) far exceeded the 30-month ceiling set by R. v. Jordan, and that the Crown failed to establish exceptional circumstances or case complexity to justify the delay.

The court found the Crown’s late addition of a key witness, failure to promptly seek additional hearing dates, late disclosure, and strategic choices in evidentiary applications all contributed to the delay.

The court ordered a stay of proceedings for all accused.

Courtney Dennis was found guilty of importing four kilograms of high-purity cocaine and resisting arrest.

The Crown sought a 12-year sentence, while the defence requested a conditional sentence or, alternatively, six years.

The court found Dennis to be a principal in the importation scheme, not merely a courier, and that he threatened the couriers.

The judge considered the seriousness of the offence, the offender's extensive criminal history (including prior drug trafficking and firearm convictions), and the significant mitigation due to four years of restrictive house arrest bail.

The court imposed a total sentence of 11 years: 10.5 years for importation and 6 months consecutive for resisting arrest, along with ancillary orders.

The applicant, Daniel Thompson, brought a motion under s. 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence obtained during the execution of a search warrant at 124 Cadillac Crescent, Brampton, alleging a s. 8 Charter infringement due to insufficient reasonable grounds for the warrant.

The court reviewed the Information to Obtain (ITO), considering alleged omissions and misrepresentations by the affiant.

The court found that despite a minor omission regarding the applicant's post-buy travels, the ITO contained sufficient credible and reliable evidence, including MTO records, vehicle registration, and surveillance, to establish reasonable and probable grounds for the warrant.

The court relied on the affiant's detailed experience in drug investigations and reasonable inferences drawn from the evidence.

The application to exclude evidence was dismissed, as no Charter violation was found.

The applicant, having been convicted of importing cocaine and awaiting sentencing, brought an application to vary his bail conditions to permit him to travel to Spain with his son.

The court dismissed the application, finding that the applicant posed a flight risk given the likelihood of a lengthy penitentiary sentence, and that permitting international travel for a convicted drug importer would undermine public confidence in the administration of justice.

Courtney Dennis was charged with importing cocaine and resisting arrest.

The Crown alleged Dennis knew the suitcases contained cocaine, not cash, which Dennis denied, claiming he was importing cash for his cousin.

The court admitted evidence of Dennis's prior drug dealing to prove knowledge and motive, applying principles of discreditable conduct evidence.

The judge found Dennis's testimony regarding his cousin and his unawareness of a suitcase switch unbelievable.

For the resisting arrest charge, the court concluded Dennis knew the individuals were police officers despite his denial.

Dennis was found guilty on both counts.

The accused, a first-time Black offender, was found guilty by a jury of simple possession of 95.6g of cocaine, having been acquitted of possession for the purpose of trafficking.

The Crown sought an 18-month conditional sentence, while the defence sought a suspended sentence.

The court considered the significant quantity of cocaine as an aggravating factor, and the accused's lack of criminal record, compliance with bail, employment, and the impact of anti-Black racism as mitigating factors.

The court imposed a 6-month conditional sentence with strict house arrest conditions, followed by 24 months of probation and 100 hours of community service.