Ontario Superior Court of Justice

Court File No.: CR-22-0253-00
Date: 2025-06-06

B E T W E E N:
His Majesty the King
Applicant
J. McConnell, for the Federal Crown

- and -

Marc Quirion
Respondent
K. Scullion, for the Accused

Heard: April 11, 2025 at Thunder Bay, Ontario
Regional Senior Justice W. D. Newton

Criminal Decision

Overview

[1] On January 1, 2021, police stopped a vehicle driven by Mr. Quirion. Found inside the vehicle were 531.8 grams of methamphetamine, 261 grams of cocaine, three oxycodone pills, and $6,621.25. Mr. Quirion was arrested and charged with trafficking in cocaine, methamphetamine, and oxycodone. He was also charged with possessing proceeds of crime and failing to comply with a release order.

[2] Mr. Quirion’s trial in this court was set to proceed in May 2024 but was adjourned at the request of the defence. Other trial dates were set but on December 18, 2024, Mr. Quirion entered a plea of guilty to the offence of trafficking in methamphetamine.

[3] On April 11, 2025, I heard sentencing submissions. The Crown submitted that a penitentiary sentence of eight years was appropriate. Counsel for Mr. Quirion submitted that a sentence of three years less credit for time served was appropriate.

The Facts

[4] Filed on the sentencing hearing was the written “will say” of Detective Constable Jason Vander-Vegte. He set the value of the 531.8 grams at between $53,180 to $159,540 if it was sold at the “point” – 0.1 grams.

[5] Also filed was a pre-sentence report written by Lauren Snyder, a probation and parole officer. Mr. Quirion is 32, single, but the father of three children who are not in his care.

[6] In the four years preceding his arrest on this charge he has multiple convictions including three prior convictions for drug trafficking, four convictions for failing to comply with release conditions and two convictions for failing to attend court. He was sentenced on the last charges in May 2020, just a little over six months prior to this charge.

[7] According to the pre-sentence report, Mr. Quirion was “exposed to illicit drug use and trafficking from a young age.” His father, stepfather and uncle were involved in the drug trade at times. His mother was also involved in illicit drug use and trafficking also. As the writer notes, he was exposed to the perceived financial gains of trafficking.

[8] He has not completed high school and has a sporadic work history.

[9] He has undergone programming for substance abuse and is enrolled in a suboxone program.

[10] The parole officer described Mr. Quirion as exhibiting “a history of high-risk behaviors and continues to present significant risk to community safety.” She noted:

The subject has been exposed and immersed in a drug subculture from a young age. This has undeniably affected his development, identity and limited his perception of acceptance in the community. He lacks connection to the wider community and his involvement in employment has been primarily influenced by like-minded individuals involved in the criminal justice system or drug trade. There is potential benefit in attaining further life, education, and employment skills. Community records report capability relating to resourcefulness, work ethic and personable nature.

[11] A letter was filed from an addiction counsellor in Ottawa congratulating Mr. Quirion on his steps towards recovery.

Analysis and Disposition

[12] To support the Crown’s submission that an eight-year sentence is appropriate, the Crown relies upon R. v. Bryan, 2011 ONCA 273 and R. v. Bajada, [2002] O.J. No. 721. Both cases involve convictions for trafficking in cocaine and many cases have concluded that trafficking in these substances, cocaine and methamphetamine, should receive similar penalties. See for example R. v. Ramos, 2020 ONSC 6822 and R. v. Chanmany, 2020 ONSC 5623.

[13] However, other cases have noted less consistency in sentencing. In R. v. Nguyen, 2024 ONSC 6830, Schreck J. noted:

[23] However, there appears to be less consistency in the sentencing jurisprudence where smaller amounts of less than a kilogram are involved, as in this case, which involved a total of 560 grams. Amounts of this nature appear to attract sentences ranging from the upper reformatory range to five years: R. v. Musa, 2022 ONSC 3734, at paras. 3, 55; R. v. Shevalier, [2017] O.J. No. 7247 (C.J.), at paras. 5, 53, 58; R. v. Bosnjak, 2023 ONCJ 608, at paras. 36, 145; R. v. Gagnon, 2017 ONSC 7470, at paras. 7, 59; R. v. Prestula, 2018 ONSC 4214, at paras. 5, 25; R. v. Bennett, 2023 ONCJ 616, at paras. 3-4, 35, 39. The lack of clarity is perhaps due to the fact that in all of these cases, the offender had been convicted of possessing more than one type of drug and the sentences for possession of methamphetamine for the purpose of trafficking were made concurrent to other sentences.

[14] Aggravating factors include the criminal record which includes three prior convictions for trafficking. As such, denunciation and deterrence are primary objectives. Although Mr. Quirion had substance abuse issues, the quantity of drugs and his criminal history lead to the conclusion that he was motivated for profit. I note that the quantity of drugs would provide over 5,000 points – a significant amount of drugs for the small community, Greenstone, where Mr. Quirion resides. There is some prospect for rehabilitation which I have considered in determining sentence.

[15] Mr. Quirion, I sentence you to six years imprisonment. You were in custody for 255 days and at 1.5 that equals a credit of 383 days. Therefore, the effective sentence is a further 1,807 days imprisonment.

[16] There will be a s. 109 weapons prohibition for life, and order that you provide a DNA sample, and forfeiture order for the drugs and cash.

“Original signed by”
W. D. Newton

Released: June 6, 2025