COURT FILE NO.: CR-21-00001459-0000
DATE: 2023 09 12
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
David Quayat for the Crown
– and –
COURTNEY DENNIS
Michael Little for the defendant
HEARD: September 12, 2023
BAIL VARIATION APPLICATION
D.E HARRIS J.
[1] Courtney Dennis has been convicted of importing cocaine into Canada from St. Maarten: R. v. Dennis, 2023 ONSC 2285. He hired Sherry Sherratt and Ms. Amanda Marsh to courier the drugs for him. The drugs, about 4 kilos, were found by customs. Ms. Sherratt implicated Mr. Dennis in the scheme.
[2] After conviction, an enhanced pre-sentence report was requested by the defence and the Crown consented. We are now on a lengthy hiatus—approximately nine months—waiting for the report to be completed. That will not happen until well into the new year.
[3] Mr. Dennis now brings an application to loosen his bail so that he can travel with his son to Spain. His son has been accepted into a soccer academy for one year. Mr. Dennis and his surety, Ms. Campbell, want to travel to get their son settled. Mr. Dennis, as came out at trial, is a long-time soccer coach and has an abiding love for the game.
[4] Mr. Dennis has been on bail without incident since March 2020. The issues on this application are the primary ground and the tertiary ground.
[5] Mr. Dennis has been convicted of a serious crime. Mr. Dennis orchestrated this importing from start to finish and the drugs were likely to fuel his own retail drug business. The Crown may well be asking for a sentence in double digits as a result of the nature of the offence, his participation and his criminal record.
[6] Mr. Dennis admitted selling crack to Ms. Sherratt’s boyfriend, David Deman, numerous times right before the importation. He has a very lengthy criminal record, particularly for drug trafficking offences. In summary, there is a possession for the purpose offence from sometime between about 1998 and 2006, trafficking in 2010 for which he received a lengthy conditional sentence which appears to have been breached, possession of a firearm in 2012 for which he received a three year penitentiary sentence and possession for the purpose of trafficking in 2018 for which he served the equivalent of a 26 month sentence taking into account pre-trial custody. There are also numerous possession of drugs offences on his record.
[7] In short, Mr. Dennis is a drug dealer and has been for many years. He has now been found guilty of an even more serious drug importation offence, the purpose of which was likely to enable him to continue to earn revenue by the selling of drugs.
[8] Mr. Dennis, facing a lengthy sentence, has a strong incentive to flee the jurisdiction. I am unconvinced that a higher pledge from the surety as is proposed would materially increase the pull of bail and be sufficient to quell the prominent primary ground concerns.
[9] The nature of the request on this variation application is for a typical family purpose. A father wants to be there for his son when he opens a new chapter in his life. They have a mutual love of soccer. One would naturally like to allow for what could be a heart-warming father and son milestone.
[10] But this is not a typical situation. With the criminal record and the offence of which he is now convicted, there is a high public interest in the management and the eventual sentencing of Mr. Dennis in this case. Furthermore, there is no dire reason for the relaxation of bail sought.
[11] The public would be aghast if this application were permitted. They would see it, quite rightly, as a sign that all is well in the world and Mr. Dennis is just like any other doting, loving father wanting to be with his son and share in his successes. But Mr. Dennis has been found guilty of a crime with a very high level of moral blameworthiness. It was carefully planned and was carried out with his direct participation. He has a history of similar crimes. Mr. Dennis is not your typical father.
[12] There is the certainty of a very substantial penitentiary sentence hanging over Mr. Dennis’ head. In these circumstances, the public would necessarily lose confidence in the administration of justice if a convicted drug importer facing such a sentence were allowed to take what is essentially a family trip overseas and accompany his son.
[13] The variation application is dismissed.
D.E HARRIS J.
Released: September 14, 2023
COURT FILE NO.: CR-21-00001459-0000
DATE: 2023 09 12
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
David Quayat and Rachel Ward for the Crown
– and –
COURTNEY DENNIS
Michael Little for the defendant
RULING
D.E HARRIS J.
Released: September 12, 2023