Court File and Parties

Court File No.: CR-22-90000564

Date: 2026-02-05

Ontario Superior Court of Justice

Between: His Majesty the King — and — Stephen William Koritar

Counsel: Venus Sayed, for the Crown Dragi Zekavica and Elina Marinosyan, for Mr. Koritar

Heard: September 19 and December 18, 2025 and February 5, 2026

Pinto J.

Sentencing Decision

Overview

[ 1 ] On January 24, 2025, I convicted Stephen Koritar of eight offences, see R. v. Koritar, 2025 ONSC 432:

Count 2 – Attempt to take a weapon from a peace officer, PC Bilby;

Count 3 – Assault on PC Bilby with intent to resist or prevent lawful arrest;

Count 4 – Possession of cocaine for the purpose of trafficking;

Count 5 – Possession of fentanyl for the purpose of trafficking;

Count 6 – Possession of ketamine for the purpose of trafficking;

Count 7 – Possession of methamphetamine for the purpose of trafficking;

Count 8 – Possession of GHB for the purpose of trafficking; and

Count 9 – Possession of proceeds of crime not exceeding $5,000.

[ 2 ] The Crown seeks a global sentence of five years based on four years for the drug offences, consecutive to one year for the offences associated with the assault of an officer.

[ 3 ] Conversely, the Defence submits that a conditional sentence order ("CSO") of two years less a day to be served in the community is appropriate. In the alternative, the Defence submits that a global custodial sentence of three years is just.

[ 4 ] The lengthy delay in the sentencing was occasioned, in the main, by adjournments requested by Defence counsel and from Mr. Koritar, both to deal with medical issues.

[ 5 ] For the reasons that follow, I sentence Mr. Koritar to five years in custody, prior to the application of one year of credits, resulting in a sentence of 4 years left to serve. Certain ancillary orders shall also apply.

Circumstances of the Offences

[ 6 ] On February 1, 2021, police executed a Controlled Drugs and Substances Act (the "CDSA") search warrant on a condominium unit at 2 Sonic Way in Toronto. There were three individuals in the unit when police entered: Christopher Delgado, who leased the unit; Stephen Koritar, the accused; and Katelyn Carter, Mr. Koritar's girlfriend at the time.

[ 7 ] The condo unit had two bedrooms and two bathrooms: a larger master bedroom with an ensuite bathroom; a smaller second bedroom; and a second bathroom near the main entrance.

[ 8 ] When police entered, Mr. Delgado was in the main living area, Ms. Carter was in the master bedroom, and Mr. Koritar was in the ensuite attached to the master bedroom. There was an altercation between police officers and Mr. Koritar before he was arrested.

[ 9 ] In the master bedroom, police located 70.45 grams of methamphetamine, 9.97 grams of fentanyl (mixed with caffeine and dimethyl sulphone), 13.65 grams of ketamine, 7.35 grams of cocaine, and 18.54 grams of cannabis resin.

[ 10 ] In the kitchen, police located 14.365 kilograms of GHB (gamma hydroxybutyrate) and 13.15 kilograms of GBL (gamma butyrolactone), the precursor to GHB, that were openly displayed.

[ 11 ] Mr. Koritar was charged and convicted of eight offences under the CDSA and the Criminal Code involving possession of controlled substances for the purpose of trafficking, assault of a police officer with intent to prevent arrest, attempt to take a weapon from a police officer, and possession of proceeds of crime.

The Circumstances of the Offender

Pre-Sentence Report

[ 12 ] A Pre-Sentence Report ("PSR") was prepared by Sandra Barnes-Fountain, a Probation and Parole ("P&P") Officer, dated April 7, 2025.

[ 13 ] Mr. Koritar was born on March 12, 1974. He was 46 years old at the time of his arrest in February 2021, and is 51 at the time of sentencing.

[ 14 ] Mr. Koritar has three children from two different relationships: two children with his wife, and another with a subsequent partner.

[ 15 ] Mr. Koritar disclosed to the P&P Officer that he is Indigenous but does not have any connection to his Indigenous culture. He reported being raised in a stable household, where he had a positive relationship with his older brother. However, his relationship with his parents and brother deteriorated over the years. He has not spoken to his brother in 10 to 20 years despite attempts to reconnect, and his relationship with his parents has become strained after they assumed custody of his youngest daughter, now 16 years old. He has expressed an interest in mending his relationships with his parents, brother, and children.

[ 16 ] Mr. Koritar maintains a positive relationship with his ex-wife to whom he had been married for eight years. They have two children. Mr. Koritar then entered into a common-law relationship that lasted nine years during which they had one child together. His common-law partner passed away twelve years ago. He has limited contact with his youngest and oldest daughters but maintains a good relationship with his son.

[ 17 ] Mr. Koritar has been in a relationship with his current partner for two years.

[ 18 ] Mr. Koritar's father reported that his son's drug use is what led to the deterioration of his relationship with his family.

[ 19 ] Mr. Koritar is two credits short of obtaining his high school diploma. He attended college for a year and a half while enrolled in a culinary arts program. However, he stopped attending before completing the program.

[ 20 ] Mr. Koritar self-reported that he worked as a framer for a carpentry company. As of the date of the PSR, he was employed full-time as a power washer and doing administrative work for the same employer. His employer, Tanis Phillips, confirmed that Mr. Koritar has been employed at her company since 2022.

[ 21 ] Mr. Koritar reported that he started experimenting with drugs at the age of 12. He used different drugs between the ages of 13 and 20. He used cocaine for the first time at the age of 18 and became a regular user in his early twenties. He then went on to use various drugs such as crystal meth, heroin, crack cocaine, and hash. He attended and continues to attend CAMH; however, CAMH records indicate that he last sought treatment in November 2024.

[ 22 ] Medical records from CAMH disclose that Mr. Koritar has severe amphetamine-type substance use disorder and severe sedative, hypnotic, or anxiolytic use disorder for which he is prescribed medication. There is no confirmation from CAMH regarding his compliance with taking medication. Mr. Koritar's current partner, Ms. Daly, reported that Mr. Koritar does not currently have any substance use issues and is receiving support through CAMH. Ms. Daly described Mr. Koritar as a helpful, caring, positive person, who is always on schedule and enjoys going to work.

[ 23 ] Ms. Phillips, Mr. Koritar's employer, also spoke positively about Mr. Koritar getting along well with his co-workers.

[ 24 ] The P&P Officer noted that, in speaking with Mr. Koritar, he did not accept full responsibility for the offences for which he was convicted, minimized his actions, and did not express remorse. The officer noted that Mr. Koritar is currently employed full-time, cares for his elderly roommate, and has abstained from using drugs and alcohol.

[ 25 ] Mr. Koritar self-reported that he has ADHD, which is confirmed by medical records from CAMH. He further disclosed that he was physically and sexually assaulted when he was 14 by an adult that was unknown to him.

[ 26 ] Mr. Koritar was in custody from February 2 to March 19, 2021, a period of 46 days. He has since been on bail under house arrest.

[ 27 ] Mr. Koritar indicated to the court that he was now in a different place than where he was in 2021. He has attended rehab, has a job waiting for him, and plans to do better with his life.

Criminal Record

[ 28 ] In May 1993, Mr. Koritar was convicted of fraud over $1,000. He received a suspended sentence and probation for two years.

[ 29 ] In July 2011, he was convicted of possession for the purpose of trafficking ("P4P") and received a 15 months CSO, probation, and a weapons prohibition order.

[ 30 ] In 2017, he was again convicted of two counts of P4P and a failure to comply with recognizance. He received a suspended sentence and 12 months' probation.

[ 31 ] On January 29, 2025, Mr. Koritar pled guilty to personation contrary to s. 403(1)(d) of the Criminal Code. He received a fine of $1,000 and probation for one year. This did not represent a breach of his bail conditions but is a separate offence committed while he was on bail.

Sentencing Position of the Crown

[ 32 ] The Crown seeks a total sentence of five years for the current offences based on:

a) Four years for the P4P fentanyl offence with the sentences for the other drug offences being served concurrently thereto; plus

b) One year for the assault of a police officer offence with the sentence for attempt to take a weapon from a peace officer to be served concurrently to the sentence for assault.

[ 33 ] Section 270.03 of the Criminal Code states that a sentence imposed on a person for an offence under s. 270(1) or s. 270.01(1) or s. 270.02 committed against a law enforcement officer as defined in s. 445.01(4) shall be served consecutively to any other punishment imposed.

[ 34 ] In terms of ancillary orders, the Crown seeks:

a) A DNA order under s. 487.051(4) of the Criminal Code as a primary designated offence;

b) A weapons prohibition order for life under s. 109 of the Criminal Code; and

c) A forfeiture order.

[ 35 ] The Crown notes that Mr. Koritar's co-accused, Mr. Delgado, pled guilty to one count of P4P of GHB and received a two years less a day CSO before Himel J.: R. v. Delgado, 2023 ONSC 2621. Mr. Delgado had no criminal record. The Crown either stayed or withdrew the other counts facing Mr. Delgado. Ms. Carter, the other co-accused, signed a statutory declaration denying possession of the drugs, and her charges were stayed.

[ 36 ] The Crown relies on several authorities to support its sentencing request including R. v. Broderick, 2020 ONSC 7434, summarized below.

[ 37 ] The Crown submits that the aggravating factors are the "pharmacy of drugs" that Mr. Koritar possessed for the purposes of trafficking in the condo unit. Fentanyl is a deadly drug that is causing devastation to communities: R. v. Parranto, 2021 SCC 46, [2021] 3 S.C.R. 366, at paras. 93-96; and GHB is a notorious "date rape" drug associated with sexual assault: R. v. Saadatmandi, 2008 BCSC 250, at para. 143.

[ 38 ] The Crown submits that even though the assault on Officer Bilby was minor, the sentence should strongly denounce this type of conduct against a peace officer.

[ 39 ] The Crown defers to the court on the determination of any mitigating factors while acknowledging that Mr. Koritar has made efforts at counselling for substance abuse and recovery from his drug habit.

[ 40 ] Had Mr. Koritar not had another conviction while he was on bail, the Crown would have acceded to providing him with a credit of 11 months for Downes credit: R. v. Downes, 79 O.R. (3d) 321, at para. 37.

Sentencing Position of the Defence

[ 41 ] The Defence submits that the appropriate sentence for Mr. Koritar is a CSO of two years less a day to be served under house arrest in the community.

[ 42 ] The Defence relies on several cases where CSOs were ordered, including R. v. Russell, 2023 ONCJ 133, also summarized below.

[ 43 ] The Defence presented letters of support from:

a) Tanya Schaal;

b) Jesse Wallace, Owner, BuiltbyOne;

c) Brittany Daly, Mr. Koritar's girlfriend;

d) Helen Baker;

e) Northern Lights Carpentry, Mr. Koritar's employer;

f) Dr. Jan Malat, Mr. Koritar's treating psychiatrist and a staff physician at CAMH; and

g) New Port Centre in Port Colborne, Ontario dated May 10, 2022. The letter confirmed Mr. Koritar's participation in an 18-day residential treatment program between April 25 and May 10, 2022.

[ 44 ] The Defence does not take issue with the ancillary orders requested by the Crown.

Applicable Case Law

[ 45 ] In Schedule A to this decision, I have summarized several Ontario sentencing decisions where the offender was being sentenced for possession of comparable amounts of fentanyl for the purpose of trafficking. In some of the cases, the offender was also found in possession of other controlled substances. The sentencing range is from three to five years.

[ 46 ] In Schedule B to this decision, I have summarized several cases where the accused was being sentenced for assault of a peace officer with intent to resist arrest.

Mitigating and Aggravating Factors

Mitigating Factors

[ 47 ] Mr. Koritar is 51 years old at the time of sentencing and the father of three children. From his early adolescence, substance addiction and abuse have been a factor in his life. However, his partner states that Mr. Koritar does not currently have any substance use issues and is receiving support through CAMH. She describes him as a helpful and caring, positive person who enjoys going to work.

[ 48 ] Mr. Koritar's employer also describes him as a positive contributor to the workplace.

[ 49 ] Mr. Koritar is diagnosed with ADHD and reported being the victim of sexual assault at the age of 14.

[ 50 ] I considered Mr. Koritar's disclosure to the P&P Officer that he is Indigenous along with his statement that he does not have any connection to his Indigenous culture. Neither Defence nor Crown counsel requested a Gladue report. In the circumstances, I am unable to give particular weight to Mr. Koritar's Indigenous background when considering available sanctions other than imprisonment pursuant to s. 718.2(e) of the Criminal Code.

[ 51 ] At the time of the PSR, Mr. Koritar was employed full-time, and his employer reported that he had been employed since 2022.

Aggravating Factors

[ 52 ] Mr. Koritar was found in possession of multiple controlled substances, including fentanyl, cocaine, ketamine, methamphetamine, and GHB.

[ 53 ] Fentanyl and cocaine, in particular, are deadly drugs, and GHB is strongly associated with incapacitating individuals in order to facilitate sexual assault.

[ 54 ] I did not consider Mr. Koritar's assault of a police officer as an aggravating factor as he is being sentenced separately and consecutively for that offence.

Sentencing Decision

[ 55 ] I am guided by the principles of sentencing that are set out in ss. 718, 718.1, and 718.2 of the Criminal Code. The sentence must be proportionate to the gravity of the offence and degree of responsibility of the offender. An appropriate sentence is one that reflects a realistic appraisal of the offender's prospects for rehabilitation, his individual and family circumstances, and the principle of restraint.

[ 56 ] That Mr. Koritar did not express remorse or appear to take responsibility for his criminal conduct, or the fact that he fully contested his criminal charges, is not an aggravating factor. However, he does not get the benefit of an early plea which is considered a mitigating factor.

[ 57 ] In the last 15 years, Mr. Koritar was convicted of P4P in 2011 and 2017, and in 2024, he was convicted of personation. The offences for which Mr. Koritar is being convicted arose from events in February 2021, five years ago.

[ 58 ] Overall, I would describe Mr. Koritar's prospects of rehabilitation as reasonable, but it will take significant discipline and determination on Mr. Koritar's part to commit to a pro-social life and one that does not involve drug activity.

[ 59 ] I find that a sentence of four years in custody for the P4P of fentanyl is appropriate with the sentence for the other drug offences to run concurrently. Mr. Koritar is older than the offender in Broderick (51 versus 38), who received a three and one half years sentence, and Mr. Koritar was found in possession of a larger quantity of fentanyl (9.97 grams versus 6.79 grams). The offender in Her Majesty the Queen v. Gagnon, 2017 ONSC 7470, received a four year sentence for P4P of 12.34 grams of fentanyl and 43.76 methamphetamine. While Mr. Gagnon was a younger offender at 38, he had a more serious criminal record than Mr. Koritar. However, Mr. Koritar was convicted of P4P involving a larger variety and quantity of controlled substances, particularly 14.365 kilograms of GHB, which is an enormous quantity.

[ 60 ] The offender in R. v. Hurdon, 2023 MBPC 1, who possessed a comparable amount of fentanyl as Mr. Koritar (8.37 grams), received a sentence of three and one half years. However, at 32, he was considerably younger and had an unabated almost two-year rehabilitative stint in a therapeutic setting, which was given considerable weight.

[ 61 ] I disagree that Mr. Koritar's offences and his circumstances entitle him to consideration for a CSO. It would be an exceptional case where an offence involving P4P of fentanyl of almost 10 grams would merit a CSO. For instance, in R. v. Grant, 2021 ONCJ 507, an 18-year-old Black offender with no previous criminal record received a CSO notwithstanding conviction for 9.5 grams of fentanyl P4P. Mr. Koritar's case is not at all comparable.

[ 62 ] As for the sentence for the two offences associated with the assault of Officer Bilby, I find that a sentence of one year is appropriate for the assault of a peace officer with intent to resist or prevent lawful arrest, with the sentence for the attempt to take a weapon to run concurrently. As per s. 270.03 of the Criminal Code, this one-year sentence must be served consecutively to the four years sentence I have imposed for the P4P of fentanyl index offence. Although the injuries to the subject officer caused by Mr. Koritar were relatively minor, I agree with the comments in R. v. Lamar, 2017 BCSC 240, at para. 27, rev'd on different grounds, 2017 BCCA 228, that "it is reasonable for society to expect that peace officers will be given a sense of safety by imposing significant sanctions on those who harm officers in the execution of their duty."

Discussion of Credits

[ 63 ] Mr. Koritar was placed in custody following his arrest on February 2, 2021. He was in custody for 46 days until March 19, 2021 when he received bail. He is entitled to a Summers credit of 69 days: R. v. Summers, 2014 SCC 26, [2014] 1 S.C.R. 575, at para. 71.

[ 64 ] Since his interim release, he has been on strict bail conditions for a period of 1,785 days (March 19, 2021 to February 5, 2026). The Crown argued that, had Mr. Koritar not committed another offence while on bail, it would have acceded to the Defence's position that Mr. Koritar receive a Downes "credit" of 11 months. Though often referred to as a "Downes credit", any reduction in a sentence imposed on account of stringent, pre-trial bail conditions, is not actually a credit, like the Summers credit for time spent in pre-trial detention. It is a mitigating factor. While it may reduce a sentence, as a mitigating factor it must not be permitted to reduce the sentence below what is fit and just in the circumstances: R. v. Riedl, 2023 ONSC 2107.

[ 65 ] However, the Crown submits that Mr. Koritar should now receive lesser Downes consideration.

[ 66 ] Mr. Koritar was already sentenced and fined for his personation conviction. I find that Mr. Koritar should receive consideration for Downes mitigation equivalent to 10 months.

[ 67 ] In consideration of Mr. Koritar's Summers credit of 69 days, or roughly 2 months, with his Downes mitigation of 10 months, I find that Mr. Koritar should receive a credit of 12 months in respect of his overall sentence. Given his sentence of five years, he must serve a remaining sentence of four years.

Conclusion

[ 68 ] In conclusion, Mr. Koritar is sentenced to:

Count 2 – 9 months in custody for attempt to take a weapon from a peace officer, contrary to s. 270.1(1) of the Criminal Code, to be served concurrently to the sentence for Count 3.

Count 3 – 12 months in custody for assault on PC Bilby with intent to resist or prevent lawful arrest, contrary to s. 270(1)(b) of the Criminal Code, to be served consecutively to the sentence for Count 5.

Count 4 – 18 months in custody for possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the CDSA, to be served concurrently to the sentence for Count 5.

Count 5 – 4 years in custody for possession of fentanyl for the purpose of trafficking, contrary to s. 5(2) of the CDSA.

Count 6 – 18 months in custody for possession of ketamine for the purpose of trafficking, contrary to s. 5(2) of the CDSA, to be served concurrently to the sentence for Count 5;

Count 7 – 3.5 years in custody for possession of methamphetamine for the purpose of trafficking, contrary to s. 5(2) of the CDSA, to be served concurrently to the sentence for Count 5;

Count 8 – 4 years in custody for possession of GHB for the purpose of trafficking, contrary to s. 5(2) of the CDSA, to be served concurrently to the sentence for Count 5; and

Count 9 – 6 months in custody for possession of proceeds of crime not exceeding $5,000, contrary to s. 355(b) of the Criminal Code, to be served concurrently to the sentence for Count 5.

[ 69 ] The global sentence is 5 years. Given the Summers credit and Downes mitigation which collectively result in a credit of 12 months, Mr. Koritar must serve a remaining sentence of 4 years.

[ 70 ] In terms of ancillary orders, Mr. Koritar is subject to:

a) A DNA order under s. 487.051(4) of the Criminal Code as a primary designated offence;

b) A weapons prohibition order for life under s. 109 of the Criminal Code; and

c) A forfeiture order.

Pinto J.

Released: February 5, 2026

Schedule "A"

Case	Circumstances	Amounts of drugs	Sentence
R. v. Broderick, 2020 ONSC 7434	• Defendant: 38 years; criminal record (4 drug offences between 2002 and 2010; 8 non-drug related offences, including assault offences and obstruction of peace officer); very difficult childhood (marked by poverty, abuse, ran away from home when he was 13); severe drug addiction, suffers from schizophrenia; took steps to acknowledge and remedy his mental illness. • Offence: Police executed search warrant for defendant's residence; found fentanyl, methamphetamine, and a firearm, but defendant was only charged with P4P of fentanyl found on him when he was arrested and searched. • Process: Re-elected trial by judge alone, pleaded not guilty to all charges. • Sentencing: No evidence that defendant was trafficking for profit; mental illness and addiction issue justify additional probation (to ensure defendant's participation in addiction programs)	• 6.79 grams purple mix of fentanyl and heroin	3.5 years, 2 years' probation (extensive probation orders concerning treatment for mental health and addiction issues)
Her Majesty the Queen v. Gagnon, 2017 ONSC 7470	• Defendant: 39; lengthy criminal record (11 offences, 2 previous drug offences); single, two children without contact; long history of substance abuse and serious addiction; limited work history • Offence: Police executed search warrant and found substances; defendant and co-accused charged with P4P of fentanyl and methamphetamine. • Process: Defendant found guilty of P4P of fentanyl and methamphetamine after judge-alone trial (co-accused found guilty of simple possession of additional substances found in the. • Sentencing: The only mitigating factors were the considerable rehabilitative progress and recent success in courses completed while in custody only; previous narcotics offences and type of substances found were the most aggravating factors	• 12.34 grams of powder fentanyl • 43.76 grams of methamphetamine	4 years
R. v. Hurdon, 2023 MBPC 1	• Defendant: 32; unremarkable childhood; significant criminal record (69 previous conviction); "history of dishonesty"; struggled with serious addiction. • Offence: Stopped by police when driving in a car reported stolen; arrested defendant and searched his bag, found fentanyl, and charged him with P4P. • Process: Pleaded not guilty; judge-alone trial; acquitted of charges relating to the stolen car but found guilty of P4P of fentanyl. • Sentencing: Mitigating factor of unabated almost two-year rehabilitative stint in the therapeutic community given significant weight.	• 8.37 grams of fentanyl	3.5 years
R v Emery, 2019 BCSC 1789	• Defendant: 32; difficult childhood (mother struggling with substance abuse, living with adoptive parents until 11, lived in various "group homes" thereafter); diagnosed with PTSD and depression, struggling with drug addiction for the past 20 years; long criminal record (5 convictions for violent crimes, several breaches of bail conditions, 1 drug offence). • Offence: Police observed known street-level trafficker leaving defendant's house, obtained search warrant, and decided to arrest defendant outside of his home; defendant arrested while in traffic and searched in his vehicle; police found drugs in a bag in the car • Process: Judge alone trial; changes plea to guilty after unsuccessful s. 9 Charter challenge. • Sentencing: Types and amounts of substances found, which indicated that defendant was trafficking above street-level, the most aggravating factor; defendant's extensive criminal record also aggravating; expression of remorse and family background were the only mitigating factors, but the judge found that there were no demonstrable steps in evidence showing that defendant truly meant to turn his life around.	• 5.97 grams fentanyl (mixed with heroine and caffein) • 6.38 grams methamphetamine • 4.58 grams cocaine • 1.04 grams crack cocaine	3 years (for each count, served concurrently), followed by 2 years' probation
R. v. Menzie, [2020] O.J. No. 654	• Defendant: 21 years; no prior criminal record. • Offence: Approached by police while in his car; tried to escape; police arrested and searched defendant and found scale and drugs in his satchel. • Processes: Pleaded guilty to possession, but not to P4P, found guilty of P4P after trial. • Sentencing: Nature of the substance held to be the most aggravating factor ("100 times more toxic", "to the uninitiated, five grams seems small, however in the context of street level drug dealing, it is not. … [F]ive grams … could amount to a five-day supply for a heavy user." at paras. 62-65).	• 2 bags, combined weight of 5.05 gram (mix of fentanyl and two of its analogues, carfentanyl, methoxyacetyl fentanyl)	2 years, 7 months, 7 days, 3 years' probation
R. v. Brennan, 2020 ONCJ 128	• Defendant: 39 years; raised by her mother who struggled with substance abused; multiple incidents of childhood sexual abuse; mother of 3; indigenous ancestry; extensive criminal record (5 drug offences). • Offence: After defendant's business was evicted because of suspected drug activity, police executed search warrant at new address and found drugs. • Process: Pleaded not guilty; unsuccessful s.8 Charter challenge of search warrant, found guilty after trial. • Sentencing: mixing of fentanyl and heroin, combination of drug and firearm offences, and criminal record of other drug offences held to be particularly aggravating; Gladue factors, addiction, and efforts at drug rehabilitation considered as mitigating factors.	• 15.91 grams fentanyl/heroin; • 11.02 grams fentanyl/caffeine; • 1520 milliliters GHB • 16.35 grams methamphetamine; • 0.82 grams cocaine	7 years (for P4P fentanyl; sentences for other counts concurrent) + 6 months (for possession of a loaded prohibited or restricted weapon served consecutively)
R. v. Grant, 2021 ONCJ 507	• Defendant: 18; Black; raised by his mother; struggling with anxiety and depression during childhood; no criminal record; graduated from high school and accepted into college since. • Offence: Police stopped and arrested G during a traffic stop; found drugs in the car (brother and co-accused also in the car and had a gun, but brother acquitted of drug charges at trial). • Process: Pleaded not guilty; judge-alone trial • Sentence: Recognition of how exceptionally lenient this sentence is, but held to be justified given the defendant's age, positive conduct while out on bail, stable support and employment, and absence of any previous convictions (conduct considered to be out of character).	• 9.5 grams fentanyl • 26 grams crack cocaine • 13.2 grams powdered cocaine • 4 grams methamphetamine • 1.5 pills oxycodone	CSO for 2 years less a day + 3 years' probation

Schedule "B"

Case	Circumstances	Nature of assault	Sentence
R. v. Dematas, 2024 ONCJ 461	• Defendant: 22 years; long criminal record (including firearm offences, in custody for 3 years); Indigenous background; racialized Black man. • Offence: Police approached defendant believing he was carrying a gun; announced themselves and were identifiable as police; struggle ensued; charged with assault causing bodily harm and assault with a weapon. • Process: Trial for the charges relating to the assault of police officers only, underlying information concerning firearms which led to the arrest during which the assault happened re-laid and tried separately. • Sentencing: Giving weight to legislative intent: "Parliament has sent a message as it relates to assaults on police officers pursuant to s. 718.1, that the objectives of denunciation and deterrence are to be given primary consideration in imposing sentence. Further, sentence for any assault to such officers are by virtue of s. 270.01 of the Criminal Code to be sentenced which are consecutive to any other sentence imposed under the same event or series of events."; cites on R. v. Sturge, [2001] O.J. No. 3923, for the principle that "those who physically resist arrest will be dealt with sternly by the courts", and R. v. McArthur, 184 O.A.C. 108 for the notion that "[s]entences imposed for those attacks must reflect the vulnerability of the police officers, society's dependence on the police, and society's determination to avoid a policing mentality which invites easy resort to violence in the execution of the policing function."	• Defendant struck PC 1 over the head with a glass bottle • intense struggle with PC 2 ensues before they PCs get defendant under control.	30 months (10 months for each of 3 counts: 2 x Assault causing bodily harm (for altercation with PC 1 and PC 2), 1 x assault with a weapon (for hitting PC 1 with a weapon)
R v McCargar, 2025 MBPC	• Defendant: lengthy criminal record (23 convictions as a young person, 21 additional convictions); suffering from PTSD; found to have a high risk of reoffending. • Offence: Police was looking for defendant because of three outstanding arrest warrants; found him on a bicycle with a large backpack; approached to arrest him when was about to enter a building; tried to escape and struggle ensued. • Process: Pleaded not guilty, convicted after trial. • Sentencing: Focus on the assault, relying on R. v. Lamar, 2017 BCSC 240, at para. 27 ("it is reasonable for society to expect that peace officers will be given a sense of safety by imposing significant sanctions on those who harm officers in the execution of their duty") and R. v. Flett, 2017 SKPC 80 at para. 32 ("The Court must stress its abhorrence for violent offences committed against peace officers"); resist arrest offence considered to have significant overlap with assault charges (justifying why the sentence for that count should be served concurrently).	• Tried to escape by jumping on a bike when police tried to arrest M • Ran into PC 1 (resulting in first assault), forced to the ground and struggle ensued • Kneed PC 2 in the testicles (second assault)	18 months for 3 offences served concurrently (but consecutively in addition to the sentences for other charges): • Resisting arrest: 9 months • Assault of PC1: 18 months • Assault of PC 2: 18 months
R. v. Boucaud, 2009 ONCJ 264	• Defendant: 58; no criminal record; married; 3 children; doesn't use drugs and sells for financial reasons; multiple medical ailments. • Offence: Police contacted defendant after having received a tip that he was selling cocaine; arranged a meeting and arrested him; defendant resisted arrest and struggle ensued. • Process: Plead guilty to P4P of cocaine and assaulting police officer with intent to resist arrest. • Sentencing: "[T]he Court must send a message that it is a serious matter to commit any assault on a peace officer in lawful execution of his/her duties.": at para. 12.	• Assault described as "relatively minor" struggle (no mentioning of injuries to officers).	5 days (consecutive to 6 months for drug offences)