Sarah Virani

The accused pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of methamphetamine for the purpose of trafficking on charges arising from Toronto in 2021 and Durham in 2024.

The court imposed a global sentence of six years, reduced by one year for harsh pre-sentence custody conditions, resulting in approximately two years and one day remaining to be served after credit for pre-sentence custody at 1.5:1 and credit for strict bail conditions.

The sentence was followed by two years of probation.

The court considered the accused's difficult background, including loss of his mother to suicide, exposure to violence and poverty, addiction issues, rehabilitative potential, and the serious nature of fentanyl trafficking.

The accused, Marvin Watson, sought a bail review under s. 520 of the Criminal Code after being detained for serious drug trafficking and money laundering charges.

The court found errors in law in the original Justice of the Peace's decision regarding the secondary and tertiary grounds for detention, and the failure to consider s. 493.2 of the Code.

The court conducted a de novo bail hearing, considering the strong Crown case, the gravity of the offences, and the proposed strict bail plan with multiple sureties and GPS monitoring.

The court concluded that the applicant discharged his onus on all three grounds (primary, secondary, and tertiary) and ordered his release under stringent conditions, including house arrest and no access to communication devices.

This decision addresses a pre-trial application by two accused, Nicole Fife and Leonida Pilliatis, seeking to exclude evidence obtained by police, alleging breaches of their Canadian Charter of Rights and Freedoms rights.

The court found that while the initial detention of both accused was lawful, Ms. Fife's Charter rights were breached by the police failing to promptly inform her of the reason for detention and her right to counsel, and by interrogating her after she invoked her right to counsel.

Mr. Pilliatis's Charter rights were not breached.

Applying the R. v. Grant test, the court excluded the evidence (drugs and statements) against Ms. Fife due to the seriousness and impact of the Charter breaches, but found the evidence admissible against Mr. Pilliatis.

This judge-alone trial addressed whether the defendant possessed fentanyl for trafficking purposes.

The defendant admitted to trafficking cocaine and possessing proceeds of crime but denied knowing the 100 pills contained fentanyl, asserting he believed them to be Percocet for personal use due to an addiction.

The court found reasonable doubt regarding the defendant's knowledge of the pills' fentanyl content and his intent to traffic them, based on expert testimony and the defendant's narrative of personal use.

Consequently, the defendant was acquitted of fentanyl trafficking but convicted of simple possession of fentanyl, possession of cocaine for the purpose of trafficking, and possession of proceeds of crime.

The offender, Kevin Gordon, pleaded guilty to possession of fentanyl for the purposes of trafficking.

The court considered aggravating factors, including the dangerous nature of fentanyl and his criminal record, and significant mitigating factors, such as his guilty plea, the fact that his trafficking was driven by addiction rather than greed, and his substantial rehabilitative efforts since his arrest (securing housing, employment, and becoming drug-free).

The Crown sought a three-year sentence, while the defence sought a conditional sentence of two years less a day.

Applying sentencing principles, particularly the emphasis on rehabilitation for addict-traffickers, the court imposed a conditional sentence of two years less a day, followed by 18 months of probation, along with ancillary orders.

The appellant, convicted of importing cocaine, sought leave to appeal her sentence of six years and three months.

She argued the trial judge erred by failing to consider collateral consequences related to her children's care by the Catholic Children's Aid Society and the impact of systemic discrimination and racism.

The Court of Appeal granted leave but dismissed the appeal, finding the trial judge adequately considered family circumstances as a mitigating factor and that systemic factors, while relevant to responsibility, do not diminish the gravity of the offence.

The sentence was at the low end of the established range for such offences.

The court sentenced Vuk Peric after he pleaded guilty to two counts of possession of fentanyl for the purpose of trafficking, involving a total of 82.63 grams.

The offences occurred while he was on bail for prior drug-related charges.

The central issue was determining a proportionate sentence, considering the principle of totality with a previously imposed four-year sentence for other offences.

The court balanced aggravating factors, such as the nature and quantity of fentanyl, re-offending while on bail, and a significant criminal record, against mitigating factors, including guilty pleas, harsh pre-trial detention conditions during the pandemic, and his struggles with addiction and challenging personal background.

The court imposed concurrent four-year sentences for the current offences, to run consecutively to the prior sentence, resulting in a functional equivalent of an eight-year global sentence.

After pre-sentence credit, 14.5 months remained to be served.