Woman charged with trafficking-related offences; court hears case after Feb. 10 search warrant

CONSTANCE LAKE FIRST NATION — Police say suspected fentanyl and hydromorphone were seized during the execution of a search warrant at a home on Mahikan Street this week.

The Nishnawbe Aski Police Service (NAPS) Intelligence Unit, assisted by the NAPS Emergency Response Team, the OPP Community Street Crime Unit, and officers from the Constance Lake First Nation detachment, executed the warrant on Tuesday, Feb. 10.

Police report a female suspect was arrested without incident. Investigators say they also seized cash and items consistent with drug trafficking.

Police estimate the cash seized at nearly $1,500, and the estimated street value of the drugs at $21,500.

Charges laid

Kimberly Bluff, 41, of Constance Lake First Nation, is charged with:

• Possession of fentanyl for the purpose of trafficking (Controlled Drugs and Substances Act)

• Possession of hydromorphone for the purpose of trafficking (Controlled Drugs and Substances Act)

• Possession of property obtained by crime under $5,000 (Criminal Code)

She appeared for a bail hearing on Wednesday, Feb. 11, and was remanded into custody, with a future court appearance set for Thursday, Feb. 12, police said.

All charges have not been proven in court.

What the law says about these charges

1) Possession for the purpose of trafficking (CDSA)

Although often discussed in “Criminal Code” terms, Canada’s core drug trafficking offences are prosecuted under the Controlled Drugs and Substances Act (CDSA).

To convict someone of possession for the purpose of trafficking, the Crown must prove:

• the accused possessed the substance (actual or constructive possession), and

• the possession was for the purpose of trafficking — meaning for selling, giving, transporting, delivering, or distributing (not simple personal possession).

In practice, courts may consider evidence such as packaging, quantity, cash, drug debts/ledgers, scales, multiple phones, or other “trafficking indicators” when deciding intent.

Under the CDSA, possession for the purpose of trafficking is set out in s. 5(2), and where the substance is in Schedule I, the offence carries a maximum penalty of imprisonment for life.

Police allege the substances here are fentanyl and hydromorphone, both listed within Schedule I of the CDSA.

What a judge can impose on conviction:

• Up to life imprisonment (maximum) for each Schedule I “possession for the purpose of trafficking” count.

• Sentences vary widely based on the circumstances (amount, role, prior record, community harm, aggravating/mitigating factors).

• Courts can also make forfeiture and related orders for offence-related property and proceeds, depending on what is proven at sentencing.

2) Possession of property obtained by crime under $5,000 (Criminal Code)

This charge is a Criminal Code offence that alleges the accused possessed property (often cash or items) knowing it was obtained by crime.

The offence itself is defined in s. 354.
The punishment provision is in s. 355. For property not more than $5,000, the Code sets:

• Indictable maximum: two years imprisonment.

• Summary conviction: the offence is “punishable on summary conviction,” where the general maximum (unless another law specifies otherwise) is a $5,000 fine and/or two years less a day.

What a judge can impose on conviction:

• Jail time (up to the applicable maximum, depending on how the Crown proceeds)

• A fine, or a fine combined with a custodial sentence (where permitted)

• In some cases, probation or restitution-related conditions can also be considered (fact-specific and subject to the court’s sentencing discretion).