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Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
The court accepted a joint submission and sentenced Jordan Trembley to concurrent terms of 2.5 years for cocaine trafficking and 4 years for fentanyl trafficking.
The judge found the accused to be a mid-level trafficker (Fifield category 3) for both cocaine (140g) and methamphetamine (1,119 tablets); imposed concurrent global custodial terms of 1,357 days on each drug count (Counts 1 and 2) with those two counts concurrent to each other; applied Summers pre-trial custody credit at 1.5:1 (627 days) reducing the effective custodial term to 730 days (2 years) to be served going forward; firearm-related counts were dealt with as aggravating factors to the drug offences and sentenced concurrently (2 months each for ss.86,91,92 offences and 12 months for pro…
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The court found MD Rafiqul Islam guilty of possession of cocaine for the purpose of trafficking after concluding he knowingly facilitated a dial-a-dope operation.
Sentencing for fentanyl, carfentanil and methamphetamine trafficking resulted in a 53-month custodial sentence, with ancillary weapons and DNA orders.
The sentencing judge did not err in concluding the appellant was engaged in mid‑level commercial trafficking based on the quantity of drugs and other evidence, nor did she fail to consider mitigating factors; however she failed to grant credit for two days in presentence custody, which is to be credited at 1.5:1 (three days); the appeal is allowed in part to reduce the sentence by three days and is otherwise dismissed.
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The court accepted a joint sentence for importing methamphetamine, imposing a 24-months-less-a-day conditional sentence, three years’ probation, and ancillary orders.
Sentence on two drug-trafficking indictments: the court accepted a joint submission, imposed time-served jail sentences with enhanced custody credit, and made ancillary orders.
Sentencing for four counts of possession for the purpose of trafficking. The court imposed two years plus one day, concurrent on all counts, with ancillary orders and a waived victim fine surcharge.
The Federal Court dismissed a judicial review of 96 refusals of CDSA s. 56 exemptions sought for psilocybin training, finding the Minister’s decisions reasonable.
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