W. Jacksa

The accused, an Indigenous man with a significant history of trauma and addiction, pleaded guilty to possession of crystal methamphetamine and a heroin/fentanyl mixture for the purpose of trafficking.

The Crown sought a global sentence of 5 years, while the defence sought 3 years.

Applying Gladue principles and weighing the severe aggravating factors of the drugs involved against the accused's background, the court imposed a global sentence of 5 years.

The accused received enhanced credit for pre-sentence custody and harsh conditions, resulting in 45 months and 24 days left to serve.

At a preliminary inquiry, the Crown sought to commit two accused for trial on charges of attempted murder, aggravated assault, careless use of firearm, weapons dangerous, and unauthorized possession of firearm arising from a shooting incident outside a nightclub in Scarborough.

The accused challenged the sufficiency of identification evidence.

The court found that while identification evidence was frail and contained material inconsistencies, it was sufficient to warrant committal for trial on the low threshold applicable at the preliminary inquiry stage.

The court distinguished between cases of weak identification, which may still warrant committal, and cases where identification is so contradictory as to not constitute identification at all.