R. v. Nadeau-Dion, 2014 CM 1024

COURT MARTIAL Citation: R. v. Nadeau-Dion , 2014 CM 1024 Date: 20140522 Docket: 201381 Standing Court Martial Canadian Forces Base Valcartier Courcelette, Quebec, Canada Between: Her Majesty the Queen - and - Corporal C. Nadeau-Dion, Offender Before: Colonel M. Dutil, C.M.J. REASONS FOR SENTENCE (Orally) [ 1 ] Corporal Nadeau-Dion was found guilty of one count of attempting to export substances included in

Schedule IV of the Controlled Drugs and Substances Act , namely, testosterone propionate and trenbolone acetate under

section 130 of the National Defence Act , contrary to subsection 6(1) of the Controlled Drugs and Substances Act . His accomplice, Corporal Hamel, admitted that he was guilty of this offence on 22 May 2014, before the Standing Court Martial. 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.

The sentence imposed in the Hamel case was identical, based on counsel’s joint submission. [ 2 ] The facts are straightforward. At the time of the events, Corporal Nadeau-Dion was on Class B service as a technician for the 5e Régiment de génie du Canada in Valcartier. His accomplice had been deployed in Afghanistan since 2 November 2012, carrying out maintenance duties at Camp Blackhorse. [ 3 ] In late November 2012, his friend Hamel asked him, 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 and advised him how to send the substances. He 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: a) 5 hypodermic bags; b) 2 50-capsule bags of Novaldex ( sic ) tamoxifen 20 mg; c) 2 tubes of clenburerol ( sic ), each containing 80 0.25 mg applications; d) 1 30-ml vial of bacteriostatic water; e) 1 20-ml vial of sterile water; f) 1 30-ml oral vial of clomiphene citrate; g) 1 vial containing 100-ml testosterone; and h) 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. [ 6 ] On 13 December 2012, Corporal Nadeau-Dion 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 Nadeau-Dion to purchase anabolic steroids for him and to send them to him.

Corporal Nadeau-Dion was aware of the Canadian Armed Forces policy on drugs, that is, the Canadian Forces Drug Control Policy. [ 7 ] In imposing an appropriate sentence on an accused for the wrongful acts that he or she has committed in relation to the offences of which he or she is guilty, certain objectives must be aimed for in light of the principles applicable to sentencing, which vary slightly from one case to the next, but which include sections 718.1 and 718.2 of the Criminal Code .

In this case, the objectives of denunciation, general deterrence, rehabilitation and parity in sentencing must take precedence. [ 8 ] Like his accomplice, the offender 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. His spouse is on maternity leave, and he is the father of a seven-year-old child. In the circumstances, the Court has no reason to reject the joint submission made by counsel.

FOR THESE REASONS, THE COURT [ 9 ] SENTENCES the offender, Corporal Nadeau-Dion, to a severe reprimand and to a fine in the amount of $2,500 payable in ten consecutive equal monthly instalments of $250, starting 1 November 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 Marco Morin, Counsel for Corporal Nadeau-Dion