Judge: fentanyl dealers go to jail

There are no conditional sentences for fentanyl dealers, an Ontario Court judge told a mother of three who had made considerable strides in rehabilitation since her arrest.

Despite an argument presented by Karisa M. Nanticoke’s lawyer for her to remain in the community under house arrest, Justice Kathleen Baker would not agree and, instead, sent Nanticoke to prison for five years.

“There was a substantial quantity of just about the worst drug on the market that’s leaving a trail of death and destruction in this community,” Baker said.

“Fentanyl trafficking and addiction is causing substantial problems here in the Brantford community where we have one of the highest rates of hospitalizations and overdoses in the province, and indeed, in the country.”

The judge said that means the “moral culpability” of anyone trafficking in fentanyl is very high.

Nanticoke was one of seven people arrested on Jan. 6, 2021 by Six Nations Police during a raid at a Pine Crescent home in Ohsweken.

Officers found a large amount of fentanyl, worth about $57,000, plus cocaine, oxycodone and methadone. They also seized a large amount of Canadian currency, two motor vehicles and some suspected stolen property.

Nanticoke was convicted after a trial on possession of fentanyl for trafficking, possession of stolen property under $5,000 and failing to comply with a release order.

Federal prosecutor Tessa Moran said the case was initially screened for an eight-year sentence but, because Nanticoke was a first offender with a compelling Gladue report and had made significant efforts at rehabilitation, she was asking the judge for a six-year sentence because “ fentanyl has altered the substance abuse landscape.”

But defense lawyer Eric Angevine argued Nanticoke could be considered an “exceptional circumstance” in the normal treatment of fentanyl dealers.

Angevine said Nanticoke had a traumatic childhood and became addicted to drugs by the age of 16, turning to bad boyfriends who could support her.

In this case, she was living with a man who was the actual target of the police drug investigation and, since her arrest has “clearly done the work to warrant a departure from the usual sentencing range” said Angevine.

The lawyer admitted Nanticoke had missed a day of her trial, not showing up for court because she panicked, but noted the resulting ankle monitor and eventual custody helped trigger her enrollment in the Thunder Woman Lodge, a residential support facility for women involved in the criminal system.

“There’s certainly been a significant turnaround for Ms. Nanticoke,” said Baker.

“She’s deserving of credit for her meaningful efforts to rehabilitate herself but they come late in the process and are less than a year’s duration. I can’t say these are exceptional circumstances.”

Baker said the courts cannot stop the rising number of deaths attributable to fentanyl but can send a message that traffickers will go to prison.

As Nanticoke sobbed, Baker sentenced her to five years less time served of 80 days and encouraged her to continue on her new path.

“I know this is not the outcome you hoped for. You present good prospects for rehabilitation but this is such a serious concern for our community.”

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