This April 13, 2023 Court decision of Justice Green is a must read for Oshawans. Not only does it provide sharp focus to the City's drug trafficking and gun problems in a very clear and immediate way, but the Court's response to the serious negative impact on the community is a welcome stance. It is the lens needed by all involved in dealing with our drug and gun problems.
Paragraphs 12 & 13
"The residents of Durham Region are suffering considerably because of a fentanyl being trafficked in this community.
Possession for the purpose of trafficking and trafficking in narcotics is not a victimless crime."
After citing a 2011 decision( R. v. Berry, 2011 ONSC 8016) Justice Green writes:
"[14] Twenty years later, trafficking in illicit drugs continues to wreak havoc across Canada, if not more so than before, because of the introduction of stronger and more lethal drugs like fentanyl. Fentanyl is a true social evil and an ongoing threat to the welfare of our community. There have been media reports detailing the devastating impact this drug has had in Durham Region, particularly in Oshawa.
[15] As a judge who presides in Oshawa, I am entitled to take judicial notice of the numbers of deaths that have been associated with this poison. Sitting in the plea court, we have heard countless reports from vulnerable addicts about friends and family members who have died from fentanyl overdoses. Charges have been withdrawn because the defendants have died from fentanyl overdoses. The hundreds of baggies that Mr. McPherson carried to disperse these lethal drugs should have been stamped with a coffin because it is a drug that leads primarily to two places, the grave or jail."
The sentence delivered ELEVEN YEARS — 8 years for trafficking and a consecutive three years for possession of a loaded prohibited firearm.
https://www.canlii.org/en/on/oncj/doc/2023/2023oncj160/2023oncj160.html?fbclid=IwAR3s5zTCqSO6h6RxmOq_pKrMvJcTkgUrhs-OI1suojYRS00RjX39T04tv5Q
The decision includes details of the Durham Region Police Services investigation in the spring of 2021 — how they observed numerous brief attendances at the rear door of the downtown multiplex which they believed to be indicative of drug trafficking.
There is a description of the arrest of the defendant in downtown Oshawa and the charges related to his possession of a 9 mm Sig Sauer handgun, loaded with 15 rounds of ammunition, in an over capacity magazine and the large quantity of drugs and cash in his possession. Also the drugs and cash seized in his downtown Oshawa apt.
Reading Justice Green's detailed reasons brings realization how hard the task is of arriving at a sentencing decision. The impressive consideration given to the complexity of the issues and setting the aggravating factors down in a context that reflects judicial fairness is highlighted in paragraph 41:
[41] In this case, the nature of the substance trafficked, the impact of trafficking in fentanyl in our community, the nature of the weapon possessed by Mr. McPherson are all significant factors that tip the scales towards a sentence that will emphasize denunciation and deterrence while still considering Mr. McPherson’s potential for rehabilitation. I must consider that he has no prior related offences, he is an addict himself and he has never been sentenced to serve time in the penitentiary before.
With his over 1 and half year of presentencing custody and 4 and a half months of a mitigating period, the defendant's 11 year sentence has a remaining sentence of 9 years and 3 months.
Paragraphs 12 & 13
"The residents of Durham Region are suffering considerably because of a fentanyl being trafficked in this community.
Possession for the purpose of trafficking and trafficking in narcotics is not a victimless crime."
After citing a 2011 decision( R. v. Berry, 2011 ONSC 8016) Justice Green writes:
"[14] Twenty years later, trafficking in illicit drugs continues to wreak havoc across Canada, if not more so than before, because of the introduction of stronger and more lethal drugs like fentanyl. Fentanyl is a true social evil and an ongoing threat to the welfare of our community. There have been media reports detailing the devastating impact this drug has had in Durham Region, particularly in Oshawa.
[15] As a judge who presides in Oshawa, I am entitled to take judicial notice of the numbers of deaths that have been associated with this poison. Sitting in the plea court, we have heard countless reports from vulnerable addicts about friends and family members who have died from fentanyl overdoses. Charges have been withdrawn because the defendants have died from fentanyl overdoses. The hundreds of baggies that Mr. McPherson carried to disperse these lethal drugs should have been stamped with a coffin because it is a drug that leads primarily to two places, the grave or jail."
The sentence delivered ELEVEN YEARS — 8 years for trafficking and a consecutive three years for possession of a loaded prohibited firearm.
https://www.canlii.org/en/on/oncj/doc/2023/2023oncj160/2023oncj160.html?fbclid=IwAR3s5zTCqSO6h6RxmOq_pKrMvJcTkgUrhs-OI1suojYRS00RjX39T04tv5Q
The decision includes details of the Durham Region Police Services investigation in the spring of 2021 — how they observed numerous brief attendances at the rear door of the downtown multiplex which they believed to be indicative of drug trafficking.
There is a description of the arrest of the defendant in downtown Oshawa and the charges related to his possession of a 9 mm Sig Sauer handgun, loaded with 15 rounds of ammunition, in an over capacity magazine and the large quantity of drugs and cash in his possession. Also the drugs and cash seized in his downtown Oshawa apt.
Reading Justice Green's detailed reasons brings realization how hard the task is of arriving at a sentencing decision. The impressive consideration given to the complexity of the issues and setting the aggravating factors down in a context that reflects judicial fairness is highlighted in paragraph 41:
[41] In this case, the nature of the substance trafficked, the impact of trafficking in fentanyl in our community, the nature of the weapon possessed by Mr. McPherson are all significant factors that tip the scales towards a sentence that will emphasize denunciation and deterrence while still considering Mr. McPherson’s potential for rehabilitation. I must consider that he has no prior related offences, he is an addict himself and he has never been sentenced to serve time in the penitentiary before.
With his over 1 and half year of presentencing custody and 4 and a half months of a mitigating period, the defendant's 11 year sentence has a remaining sentence of 9 years and 3 months.