Ronald Poirier

The accused brought a constitutional application alleging breaches of ss. 8, 9, and 10(b) of the Charter following a roadside stop, detention, arrest, and search that led to the discovery of marijuana in a vehicle.

Police stopped the vehicle while investigating a reported gasoline theft based on a vague suspect description and observations they considered suspicious.

The court found the officers lacked reasonable grounds to suspect the accused was connected to the reported offence, rendering the investigative detention arbitrary.

Because the detention and arrest were unlawful, the subsequent search of the vehicle and seizure of marijuana were also unlawful.

Applying the s. 24(2) test from Grant, the court excluded the seized marijuana and the accused’s statements as admission would bring the administration of justice into disrepute.

The offender pleaded guilty to possession of oxycodone for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act after police discovered 296 oxycodone pills and cash in a vehicle.

The Crown sought a custodial sentence of 12 to 18 months emphasizing general deterrence due to the severe impact of opioid trafficking in Northwestern Ontario communities.

The defence argued for a conditional sentence based on the offender’s lack of criminal record, significant personal hardships, demonstrated rehabilitation, and positive prospects for employment and education.

Applying the principles in ss. 718, 718.1, and 718.2 of the Criminal Code and the conditional sentence framework in s. 742.1, the court concluded that a community-based sentence with strict conditions would sufficiently address denunciation and deterrence while supporting rehabilitation.

A conditional sentence of two years less a day followed by probation was imposed.