Man makes deal, handed probation in drug case

Court-ordered terms include addictions programs and in-patient treatment

A Saskatoon man originally charged with possessing fentanyl and oxycodone for the purpose of trafficking is now on probation after pleading guilty to the lesser charge of simple possession.

Court heard Eduardo Ivan Olivares, 52, had about $1,700 cash and 11 OxyContin pills in a vehicle he was driving when police arrested him near Taylor Street and Broadway Avenue on Jan. 16, 2015. A search warrant was obtained for his home, where officers found one and a half fentanyl pills.

Police had been watching Olivares engage in drug trafficking “activities” after receiving information from several confidential sources that he was selling street fentanyl, federal Crown prosecutor Barrie Miller said in Saskatoon Court of Queen’s Bench last month.

Defence lawyer George Combe said although someone on the street “ratted” his client out for having “fake oxys,” this was clearly a case of a fentanyl addict in possession of his own pills. He said the 11 OxyContin pills belonged to his client’s friend, who was in the passenger seat, but that Olivares knew they were in the car.

Justice Jeff Kalmakoff sentenced Olivares to 12 months on probation — a joint recommendation from the Crown and defence — saying the sentence should focus on rehabilitation. He noted the offender’s prior criminal record — which goes back to 1987 and includes several drug-related convictions as recent as 2009 — has significant gaps and indicates a long struggle with addiction.

As part of his probation conditions, Olivares must take drug addiction programming, including in-patient treatment, as required. He is on the methadone program and has already started addressing his issues, Combe said.

Olivares was also charged with possessing the proceeds of crime over $5,000. That charge was stayed at the conclusion of his sentencing.