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--- bc:r._c._grenier_2024_bcsc_2600 [2026/07/09 18:25] – created - external edit 127.0.0.1
+++ bc:r._c._grenier_2024_bcsc_2600 [2026/08/21 22:34] (current) – victorzhou
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 These are the seized items.
-[6] In docket 47528-2, surveillance on Mr. Grenier in September and October 2022, members of the Penticton RCMP began to surveil Mr. Grenier again to determine which he was continuing to engage in drug trafficking. On September 28, 2022, the police saw Mr. Grenier enter and leave a residence at 127-298 Maple Street, Penticton, BC, the second residence.
+[6] In docket 47528-2, surveillance on Mr. Grenier in September and October 2022, members of the Penticton RCMP began to surveil Mr. Grenier again to determine whether he was continuing to engage in drug trafficking. On September 28, 2022, the police saw Mr. Grenier enter and leave a residence at 127-298 Maple Street, Penticton, BC, the second residence.
-[7] Of the course of several days of surveillance, the police observed Mr. Grenier engaging in activities they believed to be related to drug trafficking. For example, on October 5, 2022, they saw him give a small plastic sachet to a man sitting on the sidewalk in downtown Penticton. On October 6, they saw a man leave the second residence who then gave two small plastic sachets to a known drug user who was sitting on the sidewalk. On October 13, 2022, the police arrested the man as soon as he left the second residence.
+[7] Over the course of several days of surveillance, the police observed Mr. Grenier engaging in activities they believed to be related to drug trafficking. For example, on October 5, 2022, they saw him give a small plastic sachet to a man sitting on the sidewalk in downtown Penticton. On October 6, they saw a man leave the second residence who then gave two small plastic sachets to a known drug user who was sitting on the sidewalk. On October 13, 2022, the police arrested the man as soon as he left the second residence.
 [8] During the search ancillary to arrest, the police found two small transparent Ziploc bags in his left hand which both contained pink fentanyl (0.87 grams in total). The small transparent Ziploc bags were decorated with a black-and-white grain pattern.
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 [22] The key decisions to determine the sentence for drug trafficking, in particular of fentanyl, in these circumstances are //R. v. Smith//, 2017 BCCA 11((Sic. The correct citation is 2017 BCCA 112.)); and //R. v. Parranto//, 2021 SCC 46.
-[23] To determine a just sentence, the court must consider society's view on the gravity of certain offences. In //Smith//, the British Columbia Court of Appeal established that the appropriate setencing range for posesssion for fentanyl for trafficking is between eighteen and thirty-six months. In paragraph [65], Justice Harris described, as translated from English:
+[23] To determine a just sentence, the court must consider society's view on the gravity of certain offences. In //Smith//, the British Columbia Court of Appeal established that the appropriate sentencing range for possession of fentanyl for trafficking is between eighteen and thirty-six months. In paragraph [65], Justice Harris described, as translated from English:
 <blockquote>
 In sum, the continuing escalation in the number of fentanyl-detected deaths, the enormity of the total numbers of accidental overdosing, the increasing percentage of fentanyl detected deaths as a proportion of the total, and the currently ubiquitous awareness of the risks posed by illicit fentanyl, in combination, justify a recognition of a very substantial increase in the sentencing range applicable to street-level dealing in fentanyl. However a different range applies where the offender is higher up the chain of sale or distribution.((This last sentence does not come from paragraph 65 but instead I used a sentence from paragraph 45.))
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 [28] In //Kazakoff//, he had already received an eighteen-month sentence and the issue before the court was the sentence for the second case of trafficking. Mr. Kazakoff was in possession of a larger amount of substances than Mr. Grenier. Mr. Kazakoff was convicted of being in possession of Schedule 1 substances worth over $30,000, notably fentanyl as well as carfentanyl, a substance more potent than fentanyl and methamphetamine.
-[29] Justic Kirchner examined other decisions in British Columbia related to drug trafficking. In the end, he sentenced Mr. Kazakoff, who he characterized as being at the lower end of the intermediate band of the chain of sale, but above street-level, to five years' imprisonment consecutive to the eighteen-month sentence previously imposed, giving a total sentence of six-and-a-half years.
+[29] Justice Kirchner examined other decisions in British Columbia related to drug trafficking. In the end, he sentenced Mr. Kazakoff, who he characterized as being at the lower end of the intermediate band of the chain of sale, but above street-level, to five years' imprisonment consecutive to the eighteen-month sentence previously imposed, giving a total sentence of six-and-a-half years.
-[30] The seminal decision on joint recommendations is //R. v. Anthony-Cook//, 2016 SCC 43. Joint sentencing recommendations, when prosecution and defense counsel recommend to a judge a particular sentence in exchange for a guilty plea from the accused, are one way to close a case. They are an accepted way to come to an agreement on a plea.
+[30] The seminal decision on joint recommendations is //R. v. Anthony-Cook//, 2016 SCC 43. Joint sentencing recommendations, when prosecution and defence counsel recommend to a judge a particular sentence in exchange for a guilty plea from the accused, are one way to close a case. They are an accepted way to come to an agreement on a plea.
 [31] The Supreme Court of Canada has noted that this joint recommendations contribute not only to the resolution of the vast majority of criminal affairs in Canada but also to the justice system's equality and efficiency.
-[32] In the case at bar, the police observed Mr. Grenier himself selling drugs on the street but the quantity and presence of unpackaged substances, as well as empty packaging. These circumstances and items all place him on the upper end of street-level. Mr. Grenier persisted with his drug sales despite his first arrest. He was not deterred by the investigation, his arrest and the seizure of the drugs.
+[32] In the case at bar, the police observed Mr. Grenier himself selling drugs on the street but the quantity and presence of unpackaged substances, as well as empty packaging, all place him on the upper end of street-level. Mr. Grenier persisted with his drug sales despite his first arrest. He was not deterred by the investigation, his arrest and the seizure of the drugs.
-[33] The way that prosecution and defense counsel can come to an agreement on a sentencing recommendation exchange for a guilty plea constitutes an acceptable and highly desireable outcome. In Anthony-Cook, the Supreme Court declared that with regards to public interest, the judge of a trial may not deviate from a joint sentencing recommendation unless the sentence would bring the administration of justice into disrepute or otherwise be contrary to public interest.
+[33] The way that prosecution and defence counsel can come to an agreement on a sentencing recommendation in exchange for a guilty plea constitutes an acceptable and highly desirable outcome. In Anthony-Cook, the Supreme Court declared that with regards to public interest, the judge of a trial may not deviate from a joint sentencing recommendation unless the sentence would bring the administration of justice into disrepute or otherwise be contrary to public interest.
-[34] In regards to Mr. Grenier, he is thirty-three years old. He was born in Quebec. He has a criminal history. His convictions for drug trafficking and possession of drugs for the purposes of trafficking is the second time that he has been convicted for such offences.
+[34] In regards to Mr. Grenier, he is thirty-three years old. He was born in Quebec. He has a criminal history. His convictions for drug trafficking and possession of drugs for the purposes of trafficking are the second time that he has been convicted for such offences.
-[35] The count for posession of drugs for the purposes of trafficking follows a previous conviction. Mr. Grenier had already received a suspended sentence in 2011 for drug trafficking and later in 2013, he again was convicted for trafficking and this time was sentenced to ninety days in prison and three years' probation. Later that year, he was sentenced to ninety days' imprisonment served intermittently for possession of property obtained by crime. Other convictions in his criminal history include breach of probation orders and assault.
+[35] The count for possession of drugs for the purposes of trafficking follows a previous conviction. Mr. Grenier had already received a suspended sentence in 2011 for drug trafficking and later in 2013, he again was convicted for trafficking and this time was sentenced to ninety days in prison and three years' probation. Later that year, he was sentenced to ninety days' imprisonment served intermittently for possession of property obtained by crime. Other convictions in his criminal history include breach of probation orders and assault.
 [36] In 2020, Mr. Grenier moved from Quebec to British Columbia. He was convicted for other less pertinent crimes including breach of probation orders and assault.
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 [37] Later on, Mr. Grenier worked in construction. He suffered an accident at work causing him to lose one finger and the use of several others. He became progressively more dependent on drugs including cocaine, fentanyl and methamphetamine. This drug consumption has kept Mr. Grenier in poverty and in modest housing.
-[38] Mr. Grenier began to sell drugs to make money to buy drugs and pay off his drug debts. He travelled to British Columbia in 2020 during the pandemic. After being arrested and imprisoned, he completely changed his life. He became a model prisoner working in the kitchen. It was possible that he could pursue this profession after his detention. In fact, his father is already a cook in a prison in the east. This work could suit him. His counsel also explained that Mr. Grenier help new detainees upon their arrival.
+[38] Mr. Grenier began to sell drugs to make money to buy drugs and pay off his drug debts. He travelled to British Columbia in 2020 during the pandemic. After being arrested and imprisoned, he completely changed his life. He became a model prisoner working in the kitchen. It was possible that he could pursue this profession after his detention. In fact, his father is already a cook in a prison in the east. This work could suit him. His counsel also explained that Mr. Grenier helps new detainees upon their arrival.
 [39] During his oral statement, the accused showed sincere regret for his past actions. He stated that he began trafficking to fund his drug addiction. He wished to turn the page on this chapter on this life, return to his family and restart from zero. I accept Mr. Grenier's sincere declaration. His counsel explains that Mr. Grenier continues his rehabilitation.
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 [42] The most important factors here are denunciation and deterrence. It is appropriate to inflict a sentence of deterrence, not only in the general sense as already stated, but also in a specific sense.
-[43] Totality is is an equally important principle to consider to ensure that an imposed sentence is just and appropriate. In regards to the evaluation of the global sentence to ensure it is not too long and thus disproportionate, I refer to //R. v. Bertrand Marchand//, 2023 SCC 26. The joint sentencing recommendation in the case at bar is five years' imprisonment along with the ancillary orders as set out previously.
+[43] Totality is an equally important principle to consider to ensure that an imposed sentence is just and appropriate. In regards to the evaluation of the global sentence to ensure it is not too long and thus disproportionate, I refer to //R. v. Bertrand Marchand//, 2023 SCC 26. The joint sentencing recommendation in the case at bar is five years' imprisonment along with the ancillary orders as set out previously.
-[44] The court has considered the key precedents, the circumstances as set out out above and the step-up principle for sentences, given that the last sentence did not have the effect envisioned by the Court in 2013. The repetition of the same offence, particularly in absence of mitigating circumstances, justifies a more severe sentence than previous sentences. However, the application of this principle has its limits. S. 718.2 specifies (as previously noted by the court) that in all circumstances, the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
+[44] The court has considered the key precedents, the circumstances as set out above and the step-up principle for sentences, given that the last sentence did not have the effect envisioned by the Court in 2013. The repetition of the same offence, particularly in absence of mitigating circumstances, justifies a more severe sentence than previous sentences. However, the application of this principle has its limits. S. 718.2 specifies (as previously noted by the court) that in all circumstances, the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
 [45] I accept that Mr. Grenier has expressed sincere regrets and has changed his life. It is of note that these crimes were mainly committed by reason of his opioid dependency.
 [46] Mr. Grenier, in summary, in consideration of the principles of denunciation, general deterrence, specific deterrence, your criminal history, the elevated risk of recidivism, the circumstances of the offence, the gravity of the offence and your responsibility, the court imposes the following sentence.
-the offence and your responsibility, the court imposes the following sentence.
 [47] The Court accepts the joint sentencing recommendation. I impose the following sentence in docket 47527. Count 1, six months' imprisonment. Count 2, eighteen months' imprisonment, concurrent to count 1. An order prohibiting Mr. Grenier from possessing firearms and other items listed in s. 109(1) of the //Criminal Code// for life; an order authorizing the taking of bodily substances for the purposes of forensic DNA analysis for a secondary designated offence pursuant to s. 447.051(3) of the //Criminal Code//; a forfeiture order pursuant to s. 16 of the //Controlled Drugs and Substances Act// authorizing the confiscation of the following exhibits listed in Major Exhibit Flowchart number 2118666: 1, 2, 3, 4, 11, 12 and 13.