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The Supreme Court held that a stay of criminal proceedings does not end all forfeiture jurisdiction. Trial-linked provisions did not apply, but s. 490(9) could still govern disposition of seized property.
Ontario Court of Appeal set aside drug-trafficking convictions and ordered new trials after finding the trial judge erred on s. 8 standing, while upholding the verdict analysis.
The court accepted a joint submission and sentenced Gary Dhami to three years' imprisonment for trafficking cocaine and methamphetamine, with ancillary orders.
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.
The ITO, after excision of unreliable material, lacked sufficient credible and reliable information connecting the alleged drugs and firearms to the specified apartment and failed to establish reasonable and probable grounds that a justice could have relied on; the warrant therefore should not have issued, the search violated s.8, and admission of the seized evidence would bring the administration of justice into disrepute under s.24(2), so the evidence was excluded.
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Given the quantity (1 kg), high purity (89%), indicia of sophistication (encrypted phone, packaging), and the offender's significant related prior record, the offender was properly characterized as at least a small wholesaler/mid-level retailer; principles of denunciation and deterrence and community protection require a custodial sentence exceeding two years, making a conditional sentence inappropriate; four years imprisonment is a fit and proportionate sentence; ancillary orders (mandatory lifetime weapons prohibition, DNA order, and forfeiture of seized items) were granted.
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Sentence appeal allowed after the Court found the judge improperly treated “exceptional circumstances” as a threshold for departing from the range.
The court found the Crown had not proven possession of 138.6 grams of methamphetamine for trafficking beyond a reasonable doubt, but convicted of simple possession.
The Court held the sentencing judge did not err: the sentence of imprisonment was within the range for trafficking the quantities seized, the judge properly considered COVID-19 as a mitigating factor, pre-sentence custody is not part of the sentence (so the probation order was available because the term imposed did not exceed two years), and therefore the appeal was dismissed.
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The Court held the 18-month Jordan presumptive ceiling applied, the total net delay exceeded that ceiling, the Crown failed to justify the excess by exceptional circumstances or reasonable transitional reliance on Morin, and therefore the appellant's s.11(b) right was breached and a stay under s.24(1) was required.
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