Cocaine trafficker fighting mandatory minimum sentence

A Burnaby truck driver convicted of selling a gram of cocaine near a park is fighting the expected two-year jail sentence he’s facing under the new federal minimum mandatory sentencing law, calling it “cruel and unusual punishment” and “grossly disproportionate” to the crime.

Marco Trasolini, now 35, pleaded guilty to trafficking in cocaine in August 2013. He was caught by police in a parking lot of Burnaby’s Squint Lake Park in “one hand-to-hand transaction for $80” in exchange for a gram of cocaine.

Because the offence occurred “in or near any ... public place usually frequented by persons under 18,” it would fall under the new minimum sentencing provisions of the Controlled Drugs and Substances Act and he would be sentenced to a minimum of two years, according to Trasolini’s lawyer, Zack Myers.

He’s arguing Trasolini’s constitutional rights would be violated by the mandatory sentence “in light of the gravity of the offence, the potential risk of harm posed to youth in the circumstances, (Trasolini’s) personal circumstances and the fundamental principles of sentencing” in the Criminal Code. The minimum mandatory sentence contravenes the Canadian Charter of Rights and Freedoms, “which safeguards individuals against cruel and unusual punishment,” Myers said in his submissions to the court.

He argued that the wording of the new law is “overbroad” because it includes in it places frequented by youths, “where the harms of drug trafficking may be clearly ascertained ... any public place usually frequented by youths under 18 years of age at any time of the day.”

He said Trasolini was parked in a lot that was detached from the park and obstructed from the park’s users by large trees. And he said there were no recreational services or programs formally provided for children during the summer of 2013.

Myers also argued that the provision also “violates the principles of fundamental justice” because there was no sign warning citizens of prohibited conduct.

Court heard that Trasolini, who has no criminal record, was addicted to cocaine at the time and was trafficking to support his drug addiction. He had no other drugs or paraphernalia in his car at the time of his arrest but police during a search of his apartment found scales and powder traces as well as a small amount of money.

Court also heard Trasolini lives in Burnaby with his girlfriend and their two-year-old son and the couple are expecting a second child in January.

Trasolini pleaded guilty to the offence at the earliest possible opportunity and complied with strict bail conditions for over a year, Myers told court.

“If the mandatory minimum sentence was not in place, (Trasolini) would receive a sentence in the range of a suspended sentence to nine months imprisonment,” said Myers in a written submission to court.

“A minimum sentence of two years imprisonment for (Trasolini) and this offence would be fundamentally unfair and intolerable,” said Myers.

Judge Reg Harris is expected to release his decision on the constitutional challenge in Vancouver provincial court next month.