* All identifying information has been edited to protect client confidentiality.
Antoine was charged with possession of Fentanyl and Hydromorphone for the purpose of trafficking, as well as possession of a prohibited firearm.
Confidential informants told the police that Antoine was keeping Fentanyl, cocaine, and other drugs in a house. The police obtained a search warrant and raided the home. The police found a large quantity of Fentanyl, Hydromorphone, cash, and a loaded gun.
We believed that Crown would have great difficulty proving that Antoine possessed the drugs, as several people had access to the home. We also believed that it would be hard to prove that the drugs were for the purpose of trafficking, as opposed to personal use. As a result, we set the case down for trial in the Superior Court. We also prepared to vigorously challenge the prosecutions drug expert, who stated that the quantity of drugs must have been possessed for trafficking.
Shortly before the trial started, the prosecution offered a plea to the far less serious charge of simple possession of Fentanyl. Possessing even small amounts of Fentanyl for the purpose of trafficking has resulted in multi-year jail sentence in Ontario. Antoine accepted the deal and received no jail time.