Trafficking of Heroin / Fentanyl, Crack Cocaine and Other Controlled Substances
Client was charged with trafficking over 24 grams of heroin/fentanyl and 24 grams of crack cocaine and other controlled substances. The client had a related criminal record. Cathryn conducted a contested sentencing hearing days after the R v. Chen decision was issued, which struck down the legislation that made a Conditional Sentence Order, not available for drug trafficking, as unconstitutional. The Crown sought a jail sentence of 2 years.
Cathryn argued that the appropriate sentence was house arrest (Conditional Sentence Order).
The Judge imposed house arrest for the client and declined to impose the real jail sentence sought by the Crown.