R v Hamel, 2014 CM 1012

COURT MARTIAL Citation: R v Hamel , 2014 CM 1012 Date: 20140522 Docket: 201380 Standing Court Martial Canadian Forces Base Valcartier Courcelette, Quebec, Canada Between: Her Majesty the Queen - and - Corporal V. Hamel, Offender Before: Colonel M. Dutil, C.M.J. OFFICIAL ENGLISH TRANSLATION REASONS FOR SENTENCE (Orally) [ 1 ] Corporal Hamel admitted his guilt on one count under

section 130 of the National Defence Act , namely, attempting to export substances contrary to subsection 6(1) of the Controlled Drugs and Substances Act . Counsel in attendance presented a joint submission, namely, a severe reprimand and a fine of $2,500 payable in ten equal monthly instalments of $250 a month. This recommendation is within the range of sentences applicable in similar circumstances and does not bring the administration of military justice into disrepute. [ 2 ] The facts are straightforward.

At the time of the events, Corporal Hamel was working as a reservist and had been deployed in Afghanistan since 2 November 2012, carrying out maintenance duties at Camp Blackhorse. [ 3 ] In late November 2012, he asked another member, via Facebook, to send him anabolic steroids by military post as these substances were double the price in Afghanistan. Corporal Hamel compiled a list of products he wanted to have for him and advised him how to send the substances. This friend therefore purchased the substances requested by Corporal Hamel and hid them in a Ziploc bag concealed in a container of powdered protein.

Then, he went to the Valcartier Family Centre to send the parcel.

[ 4 ] The package contained the following: 5 hypodermic bags; 2 50-capsule bags of Novaldex ( sic ) tamoxifen 20 mg; 2 tubes of clenburerol ( sic ), each containing 80 0.25 mg applications; 1 30-ml vial of bacteriostatic water; 1 20-ml vial of sterile water; 1 30-ml oral vial of clomiphene citrate; 1 vial containing 100-ml testosterone; and 1 vial containing 100 mg of trenbolone. [ 5 ] On 29 November 2012, following a safety inspection of the packages to be sent overseas, the police were informed of the suspicious parcel. The Trenton military police collected the parcel to check its contents, discovering trenbolone and testosterone. Clearly, these are substances listed in

Schedule IV to the Controlled Drugs and Substances Act . [ 6 ] On 13 December, the offender's friend was arrested and interrogated, and he admitted acquiring and sending the illegal substances at Corporal Hamel's specific request. The following week, Corporal Hamel was also interrogated, and he admitted asking and inciting his friend to purchase the illegal substances, namely, trenbolone and testosterone, and sending them to him.

He also admitted having been worried when he noticed that his parcel had still not arrived while other people at Camp Blackhorse were receiving mail. [ 7 ] The circumstances suggest that Corporal Hamel was aware of the Canadian Armed Forces policy on drugs, that is, the Canadian Forces Drug Control Policy.

Obviously, following the events surrounding the sending of the parcel, Corporal Hamel was repatriated to Canada on 25 December 2012, thus ending a deployment that should have lasted until June 2013. [ 8 ] In imposing an appropriate sentence on an accused for the wrongful acts that he or she has committed and the offences of which he or she is guilty, certain objectives are aimed for in light of the principles applicable to sentencing, which vary slightly from one case to the next.

We must especially bear in mind that the fundamental purpose of sentencing in a court martial is not only to build respect for the law, but also to maintain military discipline by imposing sanctions that are fair yet still the minimum sanctions necessary to attain these fundamental objectives. Counsel submit that the joint submission meets the goals of deterrence, denunciation and rehabilitation. They correctly rely on the recent decision of Lamont M.J. in R v Hannah , 2013 CM 2013 , dated 15 May 2013, the facts of which are similar to the present case. [ 9 ] The following facts are aggravating: (

a) The offence of exporting a substance listed in

Schedule IV to the Controlled Drugs and Substances Act is punishable by imprisonment for a term not exceeding three years and is a serious offence. (

b) The substances were to be exported to Afghanistan, an operational theatre where Corporal Hamel had been carrying out his duties for a short while. (

c) He used the services of another member by inciting and advising him to send the illegal substances through the Canadian Forces postal system. (

d) Corporal Hamel unnecessarily burdened his operational chain of command as he was repatriated following the actions he took.

(

e) Corporal Hamel was a reservist with almost four years' experience during the relevant period, even though he was only 22 years old at the time. (

f) He was aware of the Canadian Forces Drug Policy. [ 10 ] However, the following elements mitigate the sentence: (

a) He admitted his guilt at the first opportunity and cooperated with the authorities from the start of the investigation. (

b) He does not have a criminal record or conduct sheet. (

c) He has since successfully completed the requirements of the counselling and probation imposed on him following the events in question, including the random drug testing. (

d) He is seen as a dedicated, exemplary worker, who is destined to have a successful career. His request for a transfer to the regular force was put on hold pending a decision on this case by the Court Martial. (

e) His premature repatriation had direct financial and professional consequences. FOR THESE REASONS, THE COURT [ 11 ] FINDS Corporal Hamel guilty on the first count under

section 130 of the National Defence Act , namely, attempting to export substances contrary to subsection 6(1) of the Controlled Drugs and Substances Act . [ 12 ] DIRECTS a stay of proceedings on the second charge. AND [ 13 ] SENTENCES the offender, Corporal Hamel, to a severe reprimand and to a fine in the amount of $2,500 payable in ten consecutive equal monthly instalments of $250, starting 15 June 2014. If the offender is released from the Canadian Forces before he has fully paid this fine, the balance will be payable on the date of his release. Counsel: Major G.

Roy, Canadian Military Prosecution Service Counsel for Her Majesty the Queen Lieutenant-Commander D. Liang, Defence Counsel Services Counsel for Corporal V. Hamel