Three Dryden residents charged after traffic stop, drug probe
DRYDEN – NEWS – Three Dryden residents are facing serious drug-trafficking charges after a police investigation that began with a traffic stop and led to the execution of a search warrant at a city residence. The case matters across Northwestern Ontario because drug-trafficking investigations in smaller regional centres often involve multiple police units and can have wider impacts on community safety, addictions and property crime.
Traffic stop on Casimir Avenue led to arrests and search warrant
According to the Ontario Provincial Police, the Dryden OPP Community Street Crime Unit, assisted by several regional enforcement teams and the Treaty Three Police Service, carried out a traffic stop on Casimir Avenue just after 11:30 a.m. CDT on Wednesday, April 1.
Police say the stop led to the arrest of a local resident and the seizure of suspected illicit drugs and Canadian currency.
Investigators then executed a search warrant at a residence on Machin Avenue in Dryden. Police allege that search resulted in the seizure of suspected methamphetamine, cocaine, hydromorphone and oxycodone, along with cash and additional evidence of drug trafficking.
Three accused charged, released after bail hearing
As a result of the investigation, Derek Palermo, 37, Rae Kushner, 39, and Jason Marston, 51, all of Dryden, have each been charged with four counts of possession of a Schedule I substance for the purpose of trafficking, relating to cocaine, methamphetamine, hydromorphone and oxycodone, along with one count of possession of proceeds of property obtained by crime over $5,000.
Police said all three accused were released from custody following a bail hearing on April 2 and are scheduled to appear before the Ontario Court of Justice on a future date.
All charges have not been proven in court. All accused are presumed innocent unless and until proven guilty in a court of law.
What the charges mean under federal law
The four drug counts are laid under section 5(2) of the Controlled Drugs and Substances Act, which makes it an offence to possess a controlled substance for the purpose of trafficking. Under the same law, cocaine, methamphetamine, hydromorphone and oxycodone are all listed as Schedule I substances. For a Schedule I trafficking or possession-for-the-purpose count, the current maximum penalty is life imprisonment.
The proceeds allegation is tied to section 354(1) of the Criminal Code, which covers possession of property or proceeds alleged to have been obtained by crime. Because police allege the amount is more than $5,000, section 355 provides for a maximum sentence of 10 years if the Crown proceeds by indictment. If the matter proceeds summarily, the general Criminal Code summary-conviction penalty is up to two years less a day in jail and/or a fine of up to $5,000, unless another law sets a different limit.
Potential penalties depend on the facts proven in court
The maximum penalty is not the same as the sentence a person would receive if convicted. In trafficking cases, courts look at factors such as the quantity of drugs, the accused person’s role, whether the activity was street-level or more organized, the presence of cash or other trafficking indicators, criminal record, and whether there are aggravating or mitigating circumstances.
The Controlled Drugs and Substances Act also directs sentencing judges to consider aggravating factors such as violence, weapons, trafficking near a school or place frequented by youth, prior designated drug convictions, or the involvement of a young person. In practical terms, sentences can vary widely, from relatively lower-end penalties in less serious cases to lengthy custodial terms, including federal penitentiary sentences, in more serious commercial-trafficking cases.
The OPP is asking anyone with information about crime in the community to contact police at 1-888-310-1122 or Crime Stoppers anonymously at 1-800-222-8477.
