Pubdate: Wed, 18 Nov 2015
Source: Calgary Herald (CN AB)
Copyright: 2015 Postmedia Network
Contact:  http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: Reid Southwick
Page: A1

FENTANYL DEALERS MAY GET STIFFER SENTENCES

Fentanyl dealers arrested by police in Alberta face the threat of
denied bail and stiffer sentences under fresh efforts by Crown
prosecutors to crack down on the illicit trade of a drug responsible
for hundreds of deaths in recent years.

Shelley Tkatch, Alberta's deputy chief federal prosecutor, said her
office will assess each case before deciding whether to pursue
stronger penalties, but she warned that prosecutors will begin
educating judges about the dangers of fentanyl.

"We're going to consider cases of fentanyl that we can prove beyond a
reasonable doubt to be serious and must be treated seriously," Tkatch
told the Herald.

Crown prosecutors will call expert witnesses in future bail, trial and
sentencing hearings to testify about the drug that's up to 100 times
more powerful than morphine and can be lethal in small doses. Tkatch
said she's aware of a handful of trials and sentencing hearings
scheduled for the coming months.

"We hope that judges will consider this evidence in their
consideration of bail and sentence," she said.

Tkatch said her office has not implemented a blanket policy to pursue
stronger penalties for all suspected and convicted fentanyl dealers,
but will assess each case on its merits. She said courts are compelled
to consider myriad factors when setting bail and sentences.

"As we present that this is a very dangerous drug, that can lead to a
potential increase of denial of bail and a potential increase of sentence."

One of Calgary's most prominent fentanyl busts came after border
officials in Vancouver intercepted a package filled with fentanyl and
destined for Calgary in mid- July. Police raided a Calgary home a
month later and seized 122 grams of powder fentanyl, which they
believe would have been pressed into roughly 17,000 tablets and sold
for $ 20 each.

Kasimir Tyabji, the son of a former British Columbia MLA, was charged
with one count of importing a controlled substance. The 27- year-old
was denied bail on Oct. 2, though it's unclear what factors led to the
decision. He is next scheduled to appear in court in mid- November to
enter a plea.

Fentanyl burst into Alberta's illicit drug trade after OxyContin,
another highly addictive painkiller, was pulled from Canadian pharmacy
shelves in 2012 and replaced with tamper-resistant pills.

Unable to crush, snort or inject the new tablets, dealers and users
have increasingly turned to the far more powerful fentanyl as a drug
of choice. As a result, Alberta's death toll from fentanyl has
steadily climbed, reaching 120 fatal overdoses last year and 145 in
the first six months of 2015.

Staff Sgt. Martin Schiavetta, of the Calgary police drug unit,
recently met with Tkatch and other prosecution officials to make the
case for stiffer penalties for dealers. He said he wanted to make sure
those who are prosecuting offenders are aware of the drug's dangers
and its major impact on the city.

Schiavetta said authorities must ensure users secure treatment, while
targeting those trafficking a drug widely known to be deadly.

"If you're selling fentanyl, you should know that this is a drug that
doesn't discriminate, and any tablets you sell have the potential of
resulting in a fatal overdose," Schiavetta said. "It's a drug unlike
any other we have seen."

Pawel Milczerek, vice-president of Calgary's Criminal Defence
Lawyers' Association, said powerful drugs should be treated with
stiffer penalties, though he questioned whether fentanyl is
objectively dangerous or whether users are unaccustomed to it. He said
expert witnesses called to court will weigh in on this issue.

"I'm more concerned that it will be brought in piecemeal, that some
people will get it, some won't," Milczerek said. "A piecemeal approach
is less than fair."

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[sidebar]

Sources: Office of the Chief Medical Examiner and Calgary Police Service

Calgary deaths and drug busts

145 fatal overdoses in Alberta from January to June
2015

120 fatal overdoses in Alberta in all of 2014

45 fatal overdoses in the Calgary health zone from January to June
2015

29 fatal overdoses in the Calgary health zone in all of
2014

84 drug busts involving fentanyl by Calgary police from January to
October 2015

6 drug busts involving fentanyl by Calgary police in all of 2014