Region’s ‘really big problem’ — fentanyl
Stiff sentences have taken into account the drug’s proliferation here; another sentencing is set for Wednesday
Fentanyl is a problem across Canada, but Waterloo Region has more of the drug than most communities.
One report shows the region was second only to Toronto in the number of suspected fentanyl seizures in the province.
The Supreme Court of Canada says judges can take into account trends in their community when crafting appropriate sentences. Local judges seem to have taken that to heart.
In March 2017, Justice Michael Epstein sent Kitchener trafficker Richard Shevalier — caught with 28 grams of fentanyl, 22 grams of methamphetamine and illegal knives and brass knuckles — to prison for eight years.
“The evidence at this trial has established that (fentanyl) has a strong foothold in this region and has supplanted all other opioids as the most common illicitly trafficked and used locally,” the judge said.
Eight months later, Kitchener’s Erin Vezina — caught with 204 grams of a fentanyl/heroin mixture — was handed an 11year prison sentence, at the time the stiffest fentanyl punishment ever in Waterloo Region.
Justice Melanie Sopinka noted the dramatic rise in fentanyl use here.
“To strike at the root of the crisis, sentencing must be guided primarily by the principles of deterrence and denunciation to make abundantly clear that our community will not tolerate the illegal distribution of this insidious drug,” she said.
In April of this year, Kitchener’s Ashley Broderick, who pleaded guilty to conspiracy to traffic fentanyl, was sent to prison for 13 years — probably the stiffest fentanyl sentence ever in Ontario.
Broderick was one of 14 people arrested after 1.5 kilograms of powdered fentanyl was seized. She was second in command of a drug network.
Justice Craig Parry said the primary principles of the sentencing were denunciation and deterrence to convince people not to follow in her footsteps.
A sentencing set for Wednesday of a man twice found guilty of possession of fentanyl for the purpose of trafficking will reveal if the stiff sentence trend locally continues.
“We have a really big problem here — we have a lot of fentanyl,” federal prosecutor Kathleen Nolan told the sentencing judge, Justice Thomas McKay.
On June 30, 2017, Pedro Camara was caught in Cambridge with 26 grams of a cocaine/fentanyl mixture and 24 grams of meth.
He also had $1,935 in cash, a flick knife and an expandable baton. He was found guilty of multiple charges, including possession of fentanyl and meth for the purpose of trafficking.
While on bail, Camara, 40, was caught in Woodstock with 6.2 grams of fentanyl. He was sentenced a few months ago to three years in prison for possession of fentanyl for the purpose of trafficking.
Nolan is seeking five to six years — on top of the three years — for the Cambridge offences.
“Mr. Camara made a decision to have a killer drug in his possession for the purpose of trafficking,” she said.
“He made his decision, wherever it took him, and let the bodies fall where they may, because we know fentanyl kills.”
The amount of fentanyl in the mixture is unknown, defence lawyer Sean Safa said.
“This is not 26 grams of fentanyl,” he said, asking the judge to stay the fentanyl charge and give his client an additional two to three years on the meth charge.
Nolan said there is no evidence the amount of fentanyl was minute. Besides, even a tiny amount can kill.
“We don’t know how much fentanyl was in it, but fentanyl is fentanyl,” she said.
Safa acknowledged “people are dropping like flies” from fentanyl, but said it’s not the only thing that kills.
“Impaired driving has been around for many years,” he said. “If somebody’s impaired and kills somebody, what do they get? Two years.”
Nolan said the meth charge should not be overlooked. The drug can cause brain damage, she said.
“Methamphetamine should not be dismissed in any way. It’s devastating.”