A 17-year-old from the Toronto area faces cocaine trafficking and proceeds-of-crime charges after a Thunder Bay police investigation

THUNDER BAY — A 17-year-old from the Greater Toronto Area is in custody facing cocaine trafficking and proceeds-of-crime charges following a Thunder Bay Police Service Intelligence Unit investigation.

Police said the investigation began after officers received information about suspected drug trafficking in the city. Investigators identified a suspect and obtained a warrant.

Intelligence Unit officers located and arrested the teenager on Thursday, Nov. 12.

The youth is charged with:

• Two counts of trafficking cocaine
• Possession of cocaine for the purpose of trafficking
• Two counts of possession of proceeds of property obtained by crime valued at $5,000 or less

The accused appeared in court and was remanded in custody. Police did not provide the next court date.

The Thunder Bay Police media release does not state how much cocaine was allegedly involved, whether drugs or money were seized, where the arrest occurred or what type of warrant investigators obtained.

What the charges mean

Under the Controlled Drugs and Substances Act, trafficking has a broader meaning than selling a drug. It can include giving, transferring, transporting, sending or delivering a controlled substance, as well as offering to do so.

Possession for the purpose of trafficking requires the Crown to prove both knowing possession of the substance and an intention that it be trafficked.

The proceeds-of-crime charges allege the youth possessed property or money while knowing it was obtained or derived from an indictable offence. Police have not described the property involved or the alleged source of the proceeds.

Cocaine is listed as a Schedule I substance. For an adult, trafficking or possessing cocaine for the purpose of trafficking is an indictable offence carrying a maximum sentence of life imprisonment. That is the statutory ceiling, not an automatic sentence.

Adult convictions for possession of property obtained by crime valued at $5,000 or less carry a maximum of two years if prosecuted by indictment. The offence can also be prosecuted summarily.

How youth sentencing works

Although sometimes informally called “youth offender legislation,” the current law is the Youth Criminal Justice Act. It applies to alleged offences committed by people between 12 and 17.

Youth sentences emphasize proportional accountability, rehabilitation and reintegration. Available sanctions range from a reprimand, probation or community service to custody followed by supervision in the community.

Because cocaine trafficking carries a maximum adult penalty of life imprisonment, a youth custody and supervision order could reach three years. When several youth sentences are imposed together for different offences, their continuous combined duration is generally capped at three years. Custody is not automatic and is subject to the YCJA’s restrictions on when a young person may be jailed.

The Attorney General may apply for an adult sentence when a youth was at least 14 at the time of an offence for which an adult could receive more than two years. Notice must be given before the youth enters a plea, or with court permission before trial begins.

An adult sentence can be imposed only if the Crown persuades the court that the youth’s presumed diminished moral blameworthiness has been rebutted and that a youth sentence would not be long enough to hold the young person accountable.

Police have not said whether prosecutors intend to seek an adult sentence in this case.

The YCJA prohibits publishing the teenager’s name or information that could identify him. The charges are allegations and have not been proven in court.