S. Shaffie

The offender was convicted at trial of possession for the purpose of trafficking cocaine, fentanyl, and methamphetamine, and later pleaded guilty to another count of possession for the purpose of trafficking fentanyl while on bail.

The Crown sought an 11-year global sentence, while the defence sought 8 years.

The court found the offender to be a mid-level trafficker motivated by addiction, but noted the serious aggravating factor of committing the second offence while on strict bail conditions.

The court imposed a global sentence of 9 years, which was reduced by 20 months for harsh pandemic jail conditions, 2.5 months for strict bail conditions, and 52.5 months for pre-sentence custody, resulting in a net sentence of 33 months in a federal penitentiary.

The accused was charged with drug and firearm offences following a traffic stop where police found cocaine and fentanyl in his fanny pack, and later found a loaded firearm in the police cruiser where he had been seated.

The accused brought a Charter application alleging unlawful detention, unreasonable search, and a breach of his right to make full answer and defence due to lost sally port video evidence.

The court dismissed the Charter application, finding the investigative detention and subsequent search were lawful based on officer safety concerns, and the lost video did not cause actual prejudice.

The accused was found guilty of the drug offences but acquitted of the firearm offences, as the court found the police evidence regarding the search of the cruiser unreliable.