R. v. Laflamme, 2021 BCPC 306

Citation: R. v. Laflamme 2021 BCPC 306 Date: 20210208 File Nos: 179146-1-T 179146-2-TA 179146-3-TA Registry: Victoria IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal Court REGINA v. ANDRE JOSEPH LAFLAMME ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE CUTLER Via Videoconference Counsel for the Crown: M. Halston, Counsel for the Defendant: T. Bulmer Place of Hearing: Victoria , B.C.

Date of Hearing: February 8, 2021 Date of Judgment: February 8, 2021 [ 1 ] The offender is before the court for sentencing on the charge of trafficking in methamphetamine.

The offence occurred in April of 2019 in Calgary, Alberta, almost two years ago now, and it has been waived to Victoria, British Columbia for a guilty plea and sentencing. [ 2 ] The incident involved an undercover officer approaching the offender, apparently acting desperately indicating she needed a fix, and the offender eventually accommodating the request of the officer and selling her a small amount of methamphetamine for $20. [ 3 ] He has a prior record, however the earlier offences are not related, and are mostly property offences. [ 4 ] As I understand the circumstances here, the impression the court is left with is that the offender, it would appear, has empathy for drug users who need their next fix.

His response in this case was to provide them the drug for a fee, as opposed to perhaps having them seek help to alleviate their addiction. [ 5 ] The Crown seeks a jail term of six months followed by a 12 month probation period. Counsel for the offender suggests that an eight month probation period is more appropriate, but most importantly, that no jail be imposed. [ 6 ] There is a pre-sentence report filed with the court which sets out a trying history for Mr. Laflamme in his upbringing. He is now 52 years of age.

As I indicated, he does have a prior criminal record. [ 7 ] I am also mindful, in coming to my decision, of the jurisprudence in British Columbia dealing with drug traffickers and as well, the jurisprudence in Alberta. There is no question the jurisprudence in Alberta, which needs to be considered by the court imposing sentence, allows for a higher range of sentencing than British Columbia’s jurisprudence does. However, I am also mindful that the sentence being sought by Crown counsel is at the low end in British Columbia, which would obviously put it at the extreme low end in Alberta.

I am also mindful that guideline ranges in sentencing are strictly guidelines and ultimately the court is required to address the matter before the court and be respectful that sentencing is an individualized exercise in taking into account the nature of the offence and the offender. [ 8 ] In all the circumstances, I agree with Crown counsel that a six month jail sentence is appropriate in this case. I believe, in fact, that it is a lenient sentence by both British Columbia and Alberta standards.

I am also mindful of the offender's current situation; that he seems to have addressed his issues and is participating in the community. But I must nonetheless be extremely mindful of the principles of denunciation and deterrence, and in particular general deterrence in these sorts of cases. Individuals in our community absolutely have to know that trafficking in narcotics is not only prohibited but will be addressed in sentencing, likely with a jail term except in exceptional circumstances, which I do not believe apply in this case. [ 9 ] Accordingly, there will be a jail term of six months.

And as well there will be a 12 month probation period with the following conditions. You must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court. You must notify the court or the probation officer three days in advance of any change of name or address and promptly notify the court or the probation officer of any change of employment or occupation. [ 10 ] You must report by telephone to a probation officer at 836 Courtney Street, Victoria, British Columbia within three days of being released from your jail sentence.

If the office is closed, you must try again the next business day and continue calling until you have spoken to a probation officer and received further direction to report. After that you must report as directed by the probation officer. [ 11 ] When first reporting to the probation officer you must inform him or her of your residential address and phone number.

You must not change your residence or phone number without written permission from your probation officer. [ 12 ] You must not leave British Columbia unless you have the written permission of the probation officer, and you must carry the permission when you are outside the province. [ 13 ] You must not possess or consume alcohol, drugs or any other intoxicating substance except in accordance with a medical prescription. [ 14 ] I should confirm, is he consenting to participate in the counselling programs, Mr. Bulmer? [ 15 ] CNSL. T.

BULMER: Well, as the report states, he's consenting in that he will do what he's required to do, although he thinks that he's on the right track now, anyway. [ 16 ] THE COURT: Well, hopefully they will be able to identify that and determine what, if any programs are needed. [ 17 ] Having consented, you must attend, participate and successfully complete any intake, assessment, counselling, program, treatment or residential program as directed by your probation officer. [ 18 ] Before we move on to the ancillary orders, Mr.

Halston, is there anything I have overlooked with respect to conditions for the probation? [ 19 ] CNSL. M. HALSTON: No, Your Honour, nothing I can see. [ 20 ] THE COURT: Okay, thank you. Mr. Bulmer, anything I am missing, or need added? [ 21 ] CNSL. T. BULMER: No, sir.

[ 22 ] THE COURT: Okay, thank you. [ 23 ] As well, there will be ancillary orders. There will be a weapons prohibition pursuant to s. 109 of the Criminal Code . Pursuant to s. 109 of the Criminal Code , you are prohibited from possessing any firearm other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance for a period of 10 years from the date of your release from prison. [ 24 ] As well, there will be a forfeiture order.

Pursuant to s. 490.1 of the Criminal Code , I am satisfied on a balance of probabilities that the money provided to the police officer in the transaction for the narcotics was related to the offence, and accordingly I am ordering that it be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with by the designated member of Queen's Privy Council for Canada. [ 25 ] As well, there was a further $70 seized from Mr. Laflamme at the time of his arrest. I am ordering that $70 is not part of the transaction, and accordingly, it should be returned to Mr.

Laflamme. [ 26 ] With respect to the victim surcharge, I have not heard any submissions on that. Mr. Halston. [ 27 ] CNSL. M. HALSTON: No submissions on that, Your Honour. I think that ought to be waived. [ 28 ] CNSL. T. BULMER: I'm in agreement. [ 29 ] THE COURT: I am satisfied, given the accounts in the presentence report, Mr. Laflamme's current situation, and that he is being taken into custody, that the victim fine surcharge should be waived. Was there anything else, counsel? [ 30 ] CNSL. M. HALSTON: No, Your Honour, thank you. [ 31 ] CNSL. T.

BULMER: No, Your Honour. [ 32 ] THE COURT: Thank you. (REASONS FOR SENTENCE CONCLUDED)