Thunder Bay Police Seize Cocaine, Fentanyl and Handgun in Ray Boulevard Drug Investigation
THUNDER BAY — A Thunder Bay Police Service drug-trafficking investigation has resulted in three arrests and the seizure of more than 700 grams of suspected cocaine, more than 56 grams of suspected fentanyl and a handgun.
Police estimate the street value of the suspected drugs at more than $100,000. The investigation is significant for Thunder Bay because it involves both alleged high-volume drug trafficking and a firearm, bringing together two major public-safety concerns for the city.
Thunder Bay Police Service says officers with its Intelligence Unit and Break Enter and Robbery Unit searched a residence in the Ray Boulevard area on the evening of Aug. 13. Three people were located and arrested during the search.
Police report cocaine, fentanyl, handgun and cash seized
Police say officers seized:
- More than 700 grams of suspected cocaine
- More than 56 grams of suspected fentanyl
- A handgun
- Canadian currency
- Items police allege are associated with drug trafficking
The estimated street value relates to the suspected drugs and is a police estimate. The substances have been described as suspected cocaine and fentanyl pending the evidentiary process.
Charges against Leroy Webb
Police have charged Leroy Webb, 48, of Thunder Bay, with:
- Possession of a Schedule I substance for the purpose of trafficking — cocaine
- Possession of a Schedule I substance for the purpose of trafficking — fentanyl
- Possession of proceeds of property obtained by crime under $5,000
- Careless storage of a firearm
- Unauthorized possession of a prohibited firearm
- Possession of a firearm knowing its possession is unauthorized
- Possession of a firearm obtained by crime
- Obstructing police
Webb was remanded into custody following his first court appearance, police said.
Charges against Elmer Moonias and third accused
Police have also charged Elmer Moonias, 32, of Thunder Bay, and an unnamed woman with:
- Possession of a Schedule I substance for the purpose of trafficking — cocaine
- Possession of proceeds of property obtained by crime under $5,000
Moonias was remanded into custody after his first appearance.
Police said the woman was released with a future court date. Her name was not released in the police statement.
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.
For a Schedule I or II substance, a conviction under section 5 can carry a maximum sentence of life imprisonment. The offence is indictable when it involves a Schedule I or II substance.
That maximum does not mean a life sentence would automatically follow a conviction. Canadian courts determine sentences based on factors including the amount and type of drug, the accused person’s role, prior record, degree of commercial organization, aggravating or mitigating circumstances and the principle that a sentence must be proportionate to the offence and the offender.
Fentanyl trafficking can attract substantial penitentiary sentences in serious commercial cases. In R. v. Parranto, the Supreme Court of Canada considered an Alberta sentencing framework using a nine-year starting point for wholesale fentanyl trafficking. Starting points are sentencing guidance rather than mandatory sentences and do not create an automatic Ontario sentence for an accused person.
Proceeds of crime under $5,000
Section 354 of the Criminal Code deals with possession of property or proceeds where a person knows the property was obtained or derived from an indictable offence.
When the value is $5,000 or less, section 355 provides for a hybrid offence. If prosecuted by indictment, the maximum term is two years in prison. If prosecuted summarily, the general maximum is normally two years less a day, a fine of up to $5,000, or both.
The Crown decides whether to proceed summarily or by indictment on hybrid charges.
Firearm charges carry significant potential penalties
Several of the charges against Webb relate to the handgun police say was seized.
Careless storage of a firearm — section 86: The Criminal Code prohibits storing or handling a firearm carelessly or without reasonable precautions for the safety of others. For a first offence prosecuted by indictment, the maximum sentence is two years. A second or subsequent indictable conviction can carry up to five years. The offence may also be prosecuted summarily.
Unauthorized possession of a firearm — section 91: This provision applies to possession of a firearm without the required licence and, for prohibited or restricted firearms, the required registration certificate. It is a hybrid offence carrying a maximum of five years in prison if prosecuted by indictment.
Possession knowing it is unauthorized — section 92: This is a more serious possession offence requiring proof that a person possessed the firearm while knowing they lacked the required authorization. It is an indictable offence carrying a maximum sentence of 10 years.
Possession of a firearm obtained by crime — section 96: The Criminal Code prohibits possessing a firearm or certain other weapons while knowing the item was obtained through an offence. An indictable conviction can result in a sentence of up to 14 years. The offence can also be prosecuted summarily.
These are statutory maximums, not predictions of what sentence would be imposed in this case. Where several charges arise from the same incident, a sentencing judge determines whether any custodial terms are served concurrently or consecutively based on the circumstances and sentencing law.
Obstructing police
Section 129 of the Criminal Code includes wilfully obstructing a peace officer who is carrying out their duties.
The offence is hybrid. If prosecuted by indictment, it carries a maximum penalty of two years in prison. Summary proceedings are also available.
Police did not provide additional details in the release about the conduct underlying the obstruction allegation.
Charges remain allegations
None of the charges have been proven in court.
Webb, Moonias and the unnamed accused are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Being remanded into custody is not a finding of guilt. Bail and detention decisions are separate from the eventual determination of whether an accused person committed an offence.
The case is expected to continue through the Ontario Court of Justice.
