R. v. Blok-Andersen (P.) et al., (2014) 358 Nfld. & P.E.I.R. 211 (NLTD(G))

• Judge: Dunn, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 18, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 358 Nfld. & P.E.I.R. 211 (NLTD(G))

R. v. Blok-Andersen (P.) (2014), 358 Nfld. & P.E.I.R. 211 (NLTD(G));

    1113 A.P.R. 211

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. NO.036

Her Majesty the Queen v. Peter Blok-Andersen and Ben Strongitharm

(201101G2974; 2014 NLTD(G) 141)

Indexed As: R. v. Blok-Andersen (P.) et al.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Dunn, J.

November 18, 2014.

Summary:

Blok-Andersen was found guilty of committing an offence under the Controlled Drugs and Substances Act (CDSA) for the benefit of, at the direction of, or in association with a criminal organization (count 1) and possession of cocaine for the purpose of trafficking (count 2). Strongitharm was found guilty of committing an offence under the CDSA for a criminal organization (count 1), two counts of possession of cocaine for the purpose of trafficking (counts 2 and 4), and one count of trafficking in cocaine (count 3). The charges arose from a police investigation known as Operation Razorback.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced Strongitharm to four years for count 2, four years for counts 3 and 4 concurrent to each other and to count 2, and one and one half years consecutive for count 1. The court ordered service of one-half of the sentence imposed for count 1 before release on full parole. The total remand calculation credit of 443.5 days was to be deducted from the total sentence imposed of five and one half years. With respect to Blok-Andersen, the court imposed five and one half years for count 2 and one and one half years consecutive for count 1. The court ordered service of one-half of the sentence imposed for count 1 before release on full parole. The total remand calculation credit of 263.5 days was to be deducted from the total sentence of seven years. The court also imposed a DNA order and a 10 year weapons prohibition order with respect to each accused.

Criminal Law - Topic 5833.2

Sentencing - Considerations on imposing sentence - Offence associated with organized crime - Blok-Andersen was found guilty of committing an offence under the Controlled Drugs and Substances Act (CDSA) for the benefit of, at the direction of, or in association with a criminal organization (count 1) and possession of cocaine for the purpose of trafficking (count 2) - Strongitharm was found guilty of committing an offence under the CDSA for a criminal organization (count 1), two counts of possession of cocaine for the purpose of trafficking (counts 2 and 4), and one count of trafficking in cocaine (count 3) - Evidence that an offence was committed for the benefit of, at the direction of, or in association with a criminal organization, was identified in s. 718.2(a)(iv) in the Criminal Code as an aggravating factor - The Newfoundland and Labrador Supreme Court, Trial Division (General), stated that "I will include, in the mix of factors to be considered in arriving at a fit sentence, that Counts 2 to 4, inclusive, were committed for the benefit of, at the direction of, or in association with a criminal organization, as an aggravating factor. I will accord this factor minimal weight because the offenders are being sentenced under Count 1 consecutive to the predicate offences" - See paragraph 69.

Criminal Law - Topic 5833.2

Sentencing - Considerations on imposing sentence - Offence associated with organized crime - [See both Criminal Law - Topic 5977 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See both Criminal Law - Topic 5977 ].

Criminal Law - Topic 5977

Sentence - Criminal organization offence - Blok-Andersen was found guilty of committing an offence under the Controlled Drugs and Substances Act for the benefit of, at the direction of, or in association with a criminal organization (count 1) and possession of cocaine for the purpose of trafficking (count 2) - The charges arose from a police investigation known as Operation Razorback - Blok-Andersen had a criminal record - The last offence occurred in 2005 - The only related offence was one of simple drug possession in 2002 - Blok-Andersen expressed remorse and apologized for any harm - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced Blok-Andersen to five and one half years for count 2 and one and one half years consecutive for count 1 - The court ordered service of one-half of the sentence imposed for count 1 before release on full parole - The total remand calculation credit of 263.5 days was to be deducted from the total sentence of seven years - The court also imposed a DNA order and a 10 year weapons prohibition order - Blok-Andersen acted in a supervisory and/or directive role throughout January 2010 leading up to the takedown on January 12, 2010 - The aggravating factors were the type and quantity of drugs in the possession of the offender for purposes of trafficking (approximately 15 kilos), threatening to use force against others involved in the enterprise, and committing count 2 for the benefit of, at the direction of or in association with a criminal organization - The court also considered character reference letters provided by Blok-Andersen - It was also cognizant that he had adhered to bail conditions for over four years - See paragraphs 76 to 83 and 94.

Criminal Law - Topic 5977

Sentence - Criminal organization offence - Strongitharm was found guilty of committing an offence under the Controlled Drugs and Substances Act for the benefit of, at the direction of, or in association with a criminal organization (count 1), two counts of possession of cocaine for the purpose of trafficking (counts 2 and 4), and one count of trafficking in cocaine (count 3) - The charges arose from a police investigation known as Operation Razorback - Strongitharm was a first offender - At the time of the offences he was 24 years of age - At the time of the defence submissions he was 28 - He had settled down with a partner and family - He expressed remorse and apologized for any harm - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced Strongitharm to four years for count 2, four years for counts 3 and 4 concurrent to each other and to count 2, and one and one half years consecutive for count 1 - The court ordered service of one-half of the sentence imposed for count 1 before release on full parole - The total remand calculation credit of 443.5 days was to be deducted from the total sentence imposed of five and one half years - The court also imposed a DNA order and a 10 year weapons prohibition order - An aggravating factor was the type and quantity of the drugs in Strongitharm's possession and/or trafficked by him - The quantity of cocaine attached to his involvement was somewhat greater than 15 kilos - That the drug offences were committed for the benefit of, at the direction of, or in association with a criminal organization, was an aggravating factor to be given some minimal consideration in light of count 1 - See paragraphs 84 to 89 and 93.

Cases Noticed:

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R. v. Bremner (B.J.) (2005), 234 N.S.R.(2d) 95; 745 A.P.R. 95; 2005 NSSC 163, refd to. [para. 18].

R. v. Dritsas (K.) (2013), 295 Man.R.(2d) 242; 2013 MBQB 186, refd to. [para. 22].

R. v. Carvery (L.A.) (2012), 321 N.S.R.(2d) 321; 1018 A.P.R. 321; 2012 NSCA 107, refd to. [para. 23].

R. v. Isaza (G.) (1993), 35 B.C.A.C. 217; 57 W.A.C. 217; 86 C.C.C.(3d) 19 (C.A.), refd to. [para. 24].

R. v. Paris (N.) et al. (2006), 208 O.A.C. 385; 69 W.C.B.(2d) 743 (C.A.), refd to. [para. 24].

R. v. Muise, [2007] O.J. No. 5553, refd to. [para. 24].

R. v. Oraha (S.), [2012] O.T.C. Uned. 1439; 2012 ONSC 1439, refd to. [para. 24].

R. v. Kum (T.), [2012] O.T.C. Uned. 1314; 2012 ONSC 1314, refd to. [para. 24].

R. v. Miller, [2003] O.J. No. 4464, refd to. [para. 24].

R. v. Aguilera (U.) et al. (1998), 105 O.A.C. 366; 49 C.R.R.(2d) 369 (C.A.), refd to. [para. 24].

R. v. Majnoon (A.) (2009), 257 O.A.C. 108; 2009 ONCA 876, refd to. [para. 24].

R. v. Jenner (J.P.) (2005), 192 Man.R.(2d) 184; 340 W.A.C. 184; 2005 MBCA 44, refd to. [para. 24].

R. v. Woo (C.G.) (2008), 225 Man.R.(2d) 25; 419 W.A.C. 25; 2007 MBCA 151, refd to. [para. 24].

R. v. Oddleifson (J.N.) (2010), 255 Man.R.(2d) 68; 486 W.A.C. 68; 2010 MBCA 44, refd to. [para. 24].

R. v. Nguyen (K.H.) (2007), 404 A.R. 281; 394 W.A.C. 281; 2007 ABCA 138, refd to. [para. 24].

R. v. Yakimishyn (B.M.) (2009), 470 A.R. 140; 2009 ABQB 162, refd to. [para. 24].

R. v. Trepanier, [1991] N.J. No. 143 (C.A.), refd to. [para. 25].

R. v. Cyr (O.) (1998), 161 Nfld. & P.E.I.R. 80; 497 A.P.R. 80; 38 W.C.B.(2d) 88 (Nfld. C.A.), refd to. [para. 25].

R. v. Ross (D.) (1998), 165 Nfld. & P.E.I.R. 1; 509 A.P.R. 1; 39 W.C.B.(2d) 153 (Nfld. T.D.), refd to. [para. 25].

R. v. Bussey (S.) et al. (1999), 176 Nfld. & P.E.I.R. 181; 540 A.P.R. 181; 43 W.C.B.(2d) 109 (Nfld. C.A.), refd to. [para. 25].

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R. v. Iverson (L.K.) (2007), 234 B.C.A.C. 153; 387 W.A.C. 153; 2007 BCCA 3, refd to. [para. 26].

R. v. Punko (J.V.) (2010), 291 B.C.A.C. 95; 492 W.A.C. 95; 2010 BCCA 365, refd to. [para. 26].

R. v. Knickle (N.A.) (2009), 277 N.S.R.(2d) 392; 882 A.P.R. 392; 2009 NSCA 59, refd to. [para. 26].

R. v. Massey (D.G.), [2012] B.C.T.C. Uned. 935; 2012 BCSC 935, refd to. [para. 26].

R. v. Payne (K.J.) et al. (2012), 325 Nfld. & P.E.I.R. 119; 1009 A.P.R. 119; 2012 NLTD(G) 106, refd to. [para. 26].

R. v. Scott (J.J.) (2013), 327 N.S.R.(2d) 256; 1036 A.P.R. 256; 2013 NSCA 28, refd to. [para. 26].

R. v. Clarke (T.M.) (2005), 236 N.S.R.(2d) 73; 749 A.P.R. 73; 2005 NSSC 247, refd to. [para. 31].

R. v. Ellis (T.L.) (2008), 428 A.R. 334; 2008 ABQB 40, refd to. [para. 32].

R. v. Aube (D.) et al. (2009), 324 Sask.R. 303; 451 W.A.C. 303; 2009 SKCA 53, refd to. [para. 32].

R. v. Adurogboye (Q.O.) et al. (2013), 298 Man.R.(2d) 103; 2013 MBQB 260, refd to. [para. 32].

Girard v. R., 2011 QCCA 2171, refd to. [para. 32].

R. v. Saikaley (T.), [2013] O.T.C. Uned. 2699; 2013 ONSC 2699, refd to. [para. 32].

R. v. Beauchamp (H.) et al., [2010] O.T.C. Uned. 1973; 2010 ONSC 1973 (Sup. Ct.), refd to. [para. 32].

R. v. Glasner (S.), [2011] O.T.C. Uned. 7044; 2011 ONSC 7044, refd to. [para. 32].

R. v. Beaven (T.) (2013), 415 Sask.R. 279; 2013 SKQB 91, refd to. [para. 32].

R. v. Evans (S.) et al., [2013] O.T.C. Uned. 7003; 2013 ONSC 7003, refd to. [para. 32].

R. v. Venneri (C.), [2012] 2 S.C.R. 211; 432 N.R. 54; 2012 SCC 33, refd to. [para. 58].

R. v. Potts (R.R.) (2011), 298 B.C.A.C. 185; 505 W.A.C. 185; 266 C.C.C.(3d) 279; 2011 BCCA 9, refd to. [para. 62].

R. v. Kirton (S.E.L.) (2007), 214 Man.R.(2d) 59; 395 W.A.C. 59; 2007 MBCA 38, refd to. [para. 68].

R. v. Marsden (D.G.) (2004), 187 Man.R.(2d) 298; 330 W.A.C. 298; 2004 MBCA 121, refd to. [para. 68].

R. v. Green (A.) (2010), 302 Nfld. & P.E.I.R. 237; 938 A.P.R. 237 (N.L Prov. Ct.), refd to. [para. 71].

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Authors and Works Noticed:

De Witt-Van Oosten, M. Joyce, and Gordon, John M., Working Manual Of Criminal Law, vol. 2, pp. 2-22.4 [para. 21]; 4-22.8 [para. 19].

Tremeear's Criminal Code (2015), p. 951 [para. 40].

Counsel:

Brenda P. Boyd, for the Crown;

John W. Lavers, for Peter Blok-Andersen;

Robert W. Buckingham, for Ben Strongitharm.

This matter was heard on July 17 and October 16 and 17, 2014, at St. John's, N.L., before Dunn, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment orally on November 18, 2014.