44 Year-Old Male Faces Charges

THUNDER BAY — A Thunder Bay Police Service drug trafficking investigation has resulted in charges against a 44-year-old Thunder Bay man after officers searched a Limbrick Street residence and seized suspected methamphetamine, cocaine and fentanyl.

Police estimate the street value of the suspected drugs at approximately $36,500 and say information provided by members of the community played an important role in advancing the investigation.

Search Warrant Executed on Limbrick Street

Thunder Bay Police Service Intelligence Unit officers executed a search warrant at a Limbrick Street home on Tuesday, Aug. 11.

During the search, police reported seizing substances suspected to be methamphetamine, cocaine and fentanyl, along with cash and other items police allege are associated with drug trafficking.

Police have described the substances as suspected illegal drugs. Their identities and quantities remain allegations unless established through testing and evidence presented in court.

Police put the combined estimated street value of the seized drugs at about $36,500.

Thunder Bay Man Facing Five Charges

As a result of the investigation, Jeffrey McCarthy, 44, of Thunder Bay, has been charged with:

• possession of cocaine for the purpose of trafficking;
• possession of fentanyl for the purpose of trafficking;
• possession of methamphetamine for the purpose of trafficking;
• possession of proceeds of crime under $5,000; and
• breach of a release order.

Police say McCarthy was remanded into custody following his first court appearance. A remand order means an accused remains in custody pending further court proceedings unless subsequently released by a court.

What the Drug Trafficking Charges Mean

Possession of a controlled substance for the purpose of trafficking is prohibited under section 5(2) of the Controlled Drugs and Substances Act.

Cocaine, fentanyl and methamphetamine are all listed as Schedule I controlled substances under the federal legislation.

For a Schedule I substance, a conviction for possession for the purpose of trafficking is an indictable offence carrying a maximum sentence of life imprisonment.

That maximum should not be interpreted as the sentence that would necessarily be imposed in this case. Canadian courts must determine sentences individually based on factors including the quantity and type of drug, the offender’s role, prior record, degree of planning, aggravating and mitigating circumstances and the principles of proportionality and parity.

There is no single sentencing range that can reliably be applied simply from the charges. In serious trafficking cases involving fentanyl and other Schedule I substances, penitentiary sentences can be imposed, but the appropriate sentence depends on the facts proven in court. The Supreme Court of Canada has also emphasized that sentencing ranges and starting points are guidelines rather than binding rules and that sentences must remain individualized.

Proceeds of Crime Under $5,000

The Criminal Code makes it an offence under section 354 to possess property or proceeds while knowing that all or part of it was obtained or derived directly or indirectly from an indictable offence.

Where the value does not exceed $5,000, section 355(b) provides for a maximum of two years in prison if the Crown proceeds by indictment. The offence may also be prosecuted by summary conviction.

Unless another punishment is specified, the Criminal Code’s general summary-conviction penalty is a fine of up to $5,000, imprisonment for up to two years less a day, or both.

Breach of Release Order

A failure to comply with a release-order condition is addressed under section 145(5) of the Criminal Code.

The provision applies when a person who is at large on a release order allegedly fails, without lawful excuse, to follow a condition of that order other than the requirement to attend court.

If prosecuted by indictment, the offence carries a maximum sentence of two years. It may also proceed by summary conviction.

Community Information Aided Investigation

Police specifically credited information received from the community with helping advance the Limbrick Street investigation.

Community information can form part of an investigation, but charges must ultimately be proven through admissible evidence in court.

McCarthy is presumed innocent unless and until proven guilty in a court of law. None of the allegations against him has been proven.