R. Russon

The accused was charged with possession of fentanyl and methamphetamine for the purpose of trafficking and breaching a release order.

The police executed a search warrant at a multi-unit rooming house, arresting the accused immediately upon entry and subsequently finding drugs.

The accused brought a Charter application alleging breaches of ss. 8, 9, and 10(b).

The court found the search warrant facially invalid as it authorized a search of the entire building without sufficient grounds, breaching s. 8.

The court also found breaches of s. 9 due to an unarticulated basis for the immediate arrest, and s. 10(b) due to an unjustified delay in providing access to counsel.

Applying the Grant framework, the court excluded the evidence under s. 24(2), resulting in acquittals on all charges.

The defendant pleaded guilty to possession of a Schedule I substance (7.6 grams of cocaine) for the purpose of trafficking.

The Crown sought 90 days jail, while the defence argued for time served (45 days enhanced pre-sentence custody) citing increased risks from the COVID-19 pandemic.

The court imposed a sentence of 90 days jail with credit for 45 days pre-sentence custody, leaving 38 days to be served on an intermittent basis (weekends), followed by 18 months probation.

The court rejected the notion of a "COVID discount" but acknowledged the increased onerousness of incarceration during the pandemic as a mitigating factor.

The accused pleaded guilty to multiple drug trafficking and weapons offences involving methamphetamine and firearms.

The Crown sought 18 months to two years less a day, while the defence sought a time-served disposition citing COVID-19 pandemic concerns in correctional facilities.

The court imposed five months additional custody following 207 days of presentence custody credit, followed by 18 months probation.

The judge considered the pandemic as a sentencing factor but concluded it did not warrant a substantial reduction from the range discussed at the judicial pretrial.