Ryan Edward McSheffrey

Tenzin Youngdue pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The Crown and defence submitted a joint recommendation for a global sentence of 5.5 years imprisonment, with credit for pre-sentence custody and strict bail conditions.

The court accepted the joint submission, emphasizing denunciation and deterrence for fentanyl trafficking while acknowledging mitigating factors such as the offender's youth, guilty plea, remorse, and rehabilitative efforts.

Ancillary orders for forfeiture and DNA sample were also made.

Roman Sydor pleaded guilty to possessing psilocybin for the purpose of trafficking and possession of proceeds of crime.

He was an employee at a store openly selling psilocybin and genuinely believed the operation was legal.

The Crown sought a six-month conditional sentence, while the defence requested a conditional discharge.

The court considered aggravating factors, such as the store's deceptive appearance and the quantity of drugs, alongside significant mitigating factors, including the accused's guilty plea, lack of criminal record, belief in legality, and role as a low-level employee.

Drawing on a similar case involving another employee of the same business, the court determined that a conditional discharge was in the accused's interest and not contrary to the public interest, prioritizing rehabilitation over deterrence for this specific offender.

The applicant, Elijah Hall, pleaded guilty to three counts of selling fentanyl and cocaine.

He sought a stay of these charges based on entrapment, arguing that the initial drug transaction was initiated by an undercover police officer without reasonable suspicion.

The Crown conceded the lack of reasonable suspicion for the first transaction but argued that this did not taint subsequent transactions.

The court, applying the principles of entrapment, found that the lack of reasonable suspicion at the outset did taint the subsequent transactions, distinguishing the case from R. v. Williams where firearm charges were not stayed.

The court followed R. v. Gambin, concluding that the subsequent transactions were "fruit poisoned by the tree of the first transaction." The application for a stay was allowed, and the three counts were stayed.