Ruth McGuirl

Sentencing decision for production of methamphetamine contrary to s. 7(1) of the Controlled Drugs and Substances Act.

The accused participated in a clandestine methamphetamine laboratory as part of Project Odeon, a large-scale drug network investigation.

The accused played a lower-to-middle level role in the hierarchy.

Aggravating factors included participation in commercial drug production.

Mitigating factors included no prior criminal record, guilty plea, genuine remorse, positive rehabilitative prospects, and collateral consequences from interrupted medical treatment during pre-sentence custody.

The court imposed a 5-year sentence less pre-sentence custody credit, with 2 years probation.

The accused pleaded guilty to conspiracy to traffic fentanyl and methamphetamine over a two-week period in October 2017.

The court found the accused was the directing mind and principal actor in a large drug trafficking conspiracy in Waterloo Region.

The accused possessed approximately three kilograms of fentanyl, cocaine, and methamphetamine for distribution.

The court imposed a sentence of fifteen years imprisonment on the fentanyl conspiracy count, with a concurrent five-year sentence on the methamphetamine count, after crediting three years time served.

The court emphasized the severity of fentanyl trafficking and its devastating impact on the community.

The appellant appealed his convictions for possession of drugs for the purpose of trafficking, challenging the trial judge's decision to dismiss his Charter application to exclude evidence obtained through general warrants issued under s. 487.01 of the Criminal Code.

The appellant argued that the investigative technique could have been authorized under the Controlled Drugs and Substances Act, making the general warrant unavailable.

The Court of Appeal upheld the convictions, finding that the general warrant was properly issued because the investigative technique—prospective execution based on a future contingency to link drugs to the accused—was not contemplated by conventional search warrants, and there was no evasion of more stringent statutory requirements.

The applicant corporation sought the return of $144,050 in cash seized by police during a drug and money laundering investigation targeting its former director.

The applicant argued it was the lawful owner of the funds, which it claimed were a business float, and that the funds were not required for the pending criminal proceedings.

The court dismissed the application, finding the applicant failed to establish on a balance of probabilities that it was the lawful owner of the funds, and that the funds were required as evidence for the upcoming preliminary inquiry and trial.

The accused was convicted of preventing or endeavouring to prevent an elector from voting at the federal election held on May 2, 2011, contrary to the Canada Elections Act.

The accused, as communications director for the local Conservative candidate in Guelph, was a major and active participant in a scheme involving approximately 7,000 automated telephone calls directing targeted non-Conservative supporters to false polling locations.

The court imposed a sentence of 9 months imprisonment followed by 12 months probation, emphasizing that general deterrence and denunciation were the primary sentencing principles given the serious nature of interference with the democratic electoral process.

During the 2011 federal election campaign in Guelph, Ontario, automated telephone calls were made to approximately 6,738 voters falsely indicating that their polling stations had been changed to another location.

The accused, Michael Sona, was the communications director for the Conservative Party candidate.

The Crown alleged that Sona was responsible for creating and placing these calls, or alternatively, that he was a party to the offence by aiding or abetting those who did.

The defence argued that while the circumstances raised suspicions, the Crown had not proven guilt beyond a reasonable doubt.

The court found Sona guilty, determining that although the evidence did not establish he personally uploaded the messages to the automated calling service, he was actively involved in creating the scheme and was a party to the offence through aiding and abetting.