Ontario Superior Court of Justice
Court File No.: CR-24-20000601-0000
Date: 2025-07-11
BETWEEN:
His Majesty the King
and
Jahmel Burke and Adam Tsegay
Appearances:
Colin Sheppard, for the Crown
Alisha Rice, for Mr. Burke
Heard: February 26 and May 27, 2025
Judge: M. Forestell
Reasons for Sentence of Jahmel Burke
Overview
[1] Jahmel Burke entered guilty pleas on February 26, 2025, to nine offences: one count of trafficking in fentanyl, three counts of trafficking in cocaine, two counts of trafficking in a controlled substance, one count of possession of fentanyl for the purpose of trafficking, one count of possession of cocaine for the purpose of trafficking, and one count of possession of property obtained by crime under $5,000.
[2] Sentencing submissions were made on May 27, 2025, and I reserved my decision on sentencing until today.
Circumstances of the Offences
[3] The circumstances of the offences are set out in detail in the Agreed Statement of Facts and can be summarized as follows.
Counts 4-6: Trafficking in Fentanyl, Trafficking in Cocaine, and Trafficking in a Controlled Substance – Between March 11, 2022, and June 28, 2022
[4] Between the middle of March and end of June 2022, Mr. Burke arranged for drug transactions in the Lawrence Heights neighbourhood. He set up the sales and sent others to complete the transactions. On March 17, 2022, Jahmel Burke sent his brother, Jahvon, to sell 3.5 grams of a controlled substance to a female customer. On March 31, 2022, he sent his brother, Jahvon, to sell 1.7 grams of fentanyl and 1.7 grams of crack cocaine to the customer. On April 22, 2022, he arranged for Adam Tsegay to sell $30 of crack cocaine to a customer. And on May 18, 2022, he arranged for another person to sell 0.4 grams of a controlled substance to a customer.
Counts 5, 8 and 9: Trafficking in Cocaine in Orangeville
[5] On 15 occasions between March 14th and May 16, 2022, Mr. Burke met with Giuseppe Giordano and sold crack cocaine. The total cost was $13,050.00.
Count 7: Trafficking in a Controlled Substance in North Bay
[6] On March 22, 2022, Mr. Burke travelled to North Bay and sold 108.8 grams of cocaine and 29.1 grams of fentanyl.
Counts 10, 11 and 12: Possession of Cocaine and Fentanyl for the Purpose of Trafficking and Possession of Proceeds
[7] On May 19, 2022, police executed a search warrant at the residence of Mr. Burke. They located 755.8 grams of fentanyl, 217.3 grams of cocaine in brick form and 66.74 grams of powder cocaine. They also located $4,360.00 CAD and $301 USD that was obtained by Mr. Burke through his sales of controlled substances. At the home of his girlfriend, the police located $28,500 CAD that was obtained through Mr. Burke’s criminal activity.
Circumstances of Mr. Burke
[8] Mr. Burke is 37 years old. He was 34 at the time of the offences. He has a prior criminal conviction from 2009 in Brantford for possession of a Schedule I substance for the purpose of trafficking. He received a six-month conditional sentence for that offence.
[9] Mr. Burke was born in Toronto and grew up in the Lawrence Heights area. He witnessed violence growing up. He reported to the probation officer who prepared the Pre-sentence Report that he was previously shot at but he could not say the timeframe for the shooting incidents.
[10] Mr. Burke comes from a loving and supportive family. His parents immigrated from Jamaica before Mr. Burke was born. Both parents worked and supported Mr. Burke and his three siblings. Mr. Burke has provided support letters from family and friends. He has a close relationship with his grandmother and has been helping her over recent years.
[11] Mr. Burke volunteered with the Lawrence Heights basketball program for eight years prior to his arrest on these charges.
[12] Mr. Burke suffers from sickle cell disease. He was diagnosed around age 12. He has lost sight in one eye as a result of the disease. He requires regular monitoring and medication as a result of the disease.
[13] Mr. Burke was on a strict house arrest bail from the time of his release on June 6, 2022, until February 19, 2025, when the bail was varied to a curfew. While on bail, he has been taking classes in accounting online.
Positions of the Parties
[14] The Crown seeks a global sentence of 12 years’ imprisonment with a sentence of 12 years on Count 10, possession of 755.8 grams of fentanyl for the purpose of trafficking, and concurrent sentences on the other counts. Mr. Burke submits that a global sentence of 8-9 years is appropriate.
Analysis
Principles and Objectives
[15] In determining the appropriate sentence for Mr. Burke, I must be guided by certain principles and objectives.
[16] The fundamental principle in sentencing is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
[17] The objectives of sentencing include general and specific deterrence, denunciation, the protection of the public and the rehabilitation of the offender.
[18] Denunciation and deterrence are the paramount objectives in sentencing for trafficking in controlled substances, particularly for trafficking in fentanyl and possession of fentanyl for the purpose of trafficking.
[19] This will be Mr. Burke’s first penitentiary sentence and the principle of restraint requires that I impose the shortest period of imprisonment that is consistent with the relevant principles and objectives of sentence.
Aggravating and Mitigating Factors
[20] I must also consider any aggravating and mitigating factors. Aggravating factors in this case are that Mr. Burke operated an extensive drug trafficking enterprise, selling cocaine and fentanyl in various locations; the nature and quantity of the drugs; the fact that Mr. Burke was motivated by profit; and Mr. Burke’s criminal record for a related offence.
[21] Mitigating factors are that Mr. Burke entered guilty pleas; he has spent a lengthy period of time on a restrictive bail; he has a medical condition that will make his time in custody more onerous; and he has a supportive family.
Parity and the Range of Sentence
[22] The principle of parity requires that similar offenders who commit similar offences should receive similar sentences.
[23] With respect to the offences of trafficking in fentanyl and possession of 755 grams of fentanyl, offenders in similar circumstances have received very substantial penitentiary sentences.
[24] As Moldaver J., in R. v. Parranto, 2021 SCC 46, paras. 98, 100 wrote:
Largescale trafficking in fentanyl is not a crime marked merely by the distribution and sale of an illicit substance; rather it is a crime marked by greed and the pursuit of profit at the expense of violence, death and the perpetuation of a public health crisis previously unseen in Canadian society. (…)
(…) [H]eavy penitentiary sentences will be appropriate where offenders have trafficked in large quantities of fentanyl and assumed leadership roles in the trafficking operation. Indeed, in the context of largescale fentanyl trafficking operations, substantial sentences should be neither unusual nor reserved for exceptional circumstances.
[25] In Parranto, the Supreme Court of Canada identified a sentencing range of 8 to 15 years for commercial trafficking of fentanyl on more than a minimal scale. Mr. Parranto was found in possession of fentanyl on two separate occasions. He possessed just over 27 grams the first time and 485 grams the second time. The Supreme Court noted that it would have been appropriate to impose a nine-year sentence on the first fentanyl count and 12 years on the second, with the sentences to run concurrently. Mr. Parranto had a lengthy criminal record and was in possession of a loaded handgun in breach of a prohibition order. He was Metis and Gladue principles applied.
[26] There are parallels between this case and Parranto. Mr. Burke’s criminal record is not as lengthy or serious as the offender in Parranto, but the amount of drugs is greater.
[27] In R. v. Celenk, 2023 ONSC 6360, Pinto J. imposed a sentence of 13 years on a relatively youthful first offender for possession of 1.35 kg of fentanyl for the purpose of trafficking.
[28] Street level trafficking of cocaine generally attracts sentences in the range of six months to two years less a day.
[29] The range of sentence for trafficking cocaine at the ounce level is two to five years’ imprisonment.
[30] The range of sentence for possession of more than 250 grams of cocaine for the purpose of trafficking is from five to eight years. [See R. v. Bryan, 2011 ONCA 273]
[31] Possession of property obtained by crime is the least serious offence before me. Sentences in the low reformatory range are generally appropriate for that offence.
Consecutive or Concurrent
[32] With respect to whether the sentences imposed should be consecutive or concurrent, I agree with the approach urged upon me by both parties and that is, the sentences for the trafficking offences should be considered as aggravating circumstances on the most serious offences of possession of fentanyl for the purpose of trafficking and possession of cocaine for the purpose of trafficking. Consecutive sentences would result in a global sentence that was unduly long and harsh for this offender. The sentences for the trafficking, possession of cocaine for the purpose of trafficking and possession of property obtained by crime should therefore be concurrent to the most serious charge of possession of fentanyl for the purpose of trafficking.
Conclusion
[33] I have considered the aggravating and mitigating circumstances and the relevant sentencing principles and have concluded that a sentence of 11 years should be imposed on Count 10, possession of fentanyl for the purpose of trafficking. Mr. Burke was operating a commercial fentanyl trafficking operation. The product he sold was lethal. His operation was extensive temporally and geographically. Although the principle of restraint applies, the seriousness of the offence demands an exemplary sentence. I would have imposed the 12-year sentence sought by the Crown if not for the medical issues of Mr. Burke and the time spent on restrictive bail.
[34] I will impose concurrent sentences on the remaining counts, as follows:
- (a) On Count 11, possession of cocaine for the purpose of trafficking: I impose a sentence of 6 years.
- (b) On Count 12, possession of property obtained by crime: I impose a sentence of 1 year.
- (c) On Count 4, trafficking in fentanyl in Toronto: I impose a sentence of 6 years.
- (d) On Count 5, trafficking in cocaine in Toronto: I impose a sentence of 5 years.
- (e) On Count 6, trafficking in a controlled substance in Toronto: I impose a sentence of 5 years.
- (f) On Count 7, trafficking in controlled substances in North Bay: I impose a sentence of 7 years.
- (g) On Count 8, trafficking in cocaine in Orangeville: I impose a sentence of 5 years.
[35] The global sentence is 11 years before credit for 19 actual days in presentence custody credited at 1.5 to 1 for a credit of 29 days. This leaves a sentence of 11 years less 29 days to be served.
[36] I also make a DNA order and a s. 109 weapons prohibition for life.
M. Forestell
Released: July 11, 2025