15 area deaths since September have been attributed to fentanyl, says prosecutor

There is a wide gap between the sentences the Crown and defence are seeking for a young man busted twice with a quantity of narcotics that included fentanyl, cocaine and heroin.

Federal prosecutor Ben Pritchard argued Wednesday that 12 months behind bars is appropriate for the 23-year-old, who was nabbed during two city police traffic stops.

Defence lawyer Eric McCooeye called for 90 days jail, less credit for 65 days pre-sentence custody, followed by a “lengthy” three-year period of probation.

William Elie pleaded guilty last week to five drug possession offences and a single count of obstructing police.

The offences occurred in 2017 and 2018.

Superior Court Justice Michael Varpio heard Elie had 2.5 grams of a mixture of fentanyl and carfentanyl (in putty form) when officers stopped him in December 2017.

Police also located 1.5 grams of a powdered mixture of heroin and fentanyl, Pritchard said.

“Fentanyl in powdered form is very dangerous,” and can be hazardous if someone gets it on their skin, he told the court.

The prosecutor said Algoma Public Health statistics indicate that as of Sept. 20, 2018, 15 deaths in this district have been attributed to fentanyl use.

Both lawyers agreed when Varpio noted there is a national opioid crisis, in which Sault Ste. Marie appears to have some level of heightened concern.

Pritchard described the list of drugs involved, which also included morphine and meth, as highly addictive and an aggravating factor.

“They are the scourge of our community.”

Medically, fentanyl patches are prescribed for pain, and micrograms are required for relief, he said.

“Fentanyl is a very powerful drug …. a hundred times more powerful than heroin.”

Months after his 2017 arrest, Elie was found in possession of 14.5 grams of cocaine.

Pritchard also called the man’s lengthy criminal record, which indicates he’s been placed on probation “many, many, many times,” another aggravating factor.

McCooeye countered that his client’s guilty pleas are “substantial mitigating and meaningful factors.”

He noted both incidents involved warrantless searches, and the Crown had taken pleas to counts of possession.

There was no suggestion that Elie knew or put the dangerous drugs in the mixtures, McCooeye said.

“Nothing suggests he knew how dangerous the drugs were,” the defence told Varpio. “He was using the drugs himself.”  

Elie is part of a health crisis, where the real concern is for users and he is an addict, McCooeye said.

“The war on drugs should not be waged on addicts who are trying rehabilitate.”

Varpio heard Elie has been involved in programming since he’s been in custody at the Algoma Treatment and Remand Centre.

“I started a methadone program,” Elie told the judge. “I’m trying to deal with my addictions.”

McCooeye said Elie’s last period of probation in 2016 was his most successful, and there is “a glimmer of hope.”

“We hope to find as offenders get older they turn away from the lifestyle. We should hope for that for Mr. Elie.” 

While the young man’s record is lengthy, it contains only one drug offence from years ago, he stated.

McCooeye described a Gladue report – which outlines the personal circumstances of Indigenous offenders – prepared for Elie’s sentencing as “overpowering” and “a microcosm” of Gladue factors.

“Here we have a perfect storm. It shows how Mr. Elie got here and how he gets out of it.”

There are alternatives to jail available, he said, suggesting punishment is not required in this case.

“Each individual has their own story. We have a responsibility to Indigenous people to correct this.”

Varpio put his decision over until April 10.

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