S. Safieh

The accused, a first-time Black offender, was found guilty by a jury of simple possession of 95.6g of cocaine, having been acquitted of possession for the purpose of trafficking.

The Crown sought an 18-month conditional sentence, while the defence sought a suspended sentence.

The court considered the significant quantity of cocaine as an aggravating factor, and the accused's lack of criminal record, compliance with bail, employment, and the impact of anti-Black racism as mitigating factors.

The court imposed a 6-month conditional sentence with strict house arrest conditions, followed by 24 months of probation and 100 hours of community service.

The Crown applied for a temporary publication ban on portions of an agreed statement of fact and bail synopsis relating to an adult accused who pleaded guilty to manslaughter.

The ban was sought to protect the fair trial rights of a young person co-accused who was scheduled to be tried for second-degree murder at a later date.

The court applied the Dagenais/Mentuck test and concluded that a broad ban was not necessary, as alternative measures like jury instructions and the passage of time would mitigate prejudice.

However, a limited ban was granted for evidence that could identify the young person or would be presumptively inadmissible at their trial.