Opioid Prosecutions Strategy

The Public Prosecution Service of Canada has primary responsibility for drug prosecutions,^{Note 18} including conducting a significant number of prosecutions related to opioids, which raise particular public interest concerns due to the nature of the substance in question.

Background

The PPSC prosecuted approximately 49,000 drug files in 2018-2019. One particular area of focus is prosecutions involving fentanyl. Canada is facing a national opioid crisis, with a growing number of overdoses and deaths caused by opioids over the past eight years.^{Note 19} Fentanyl has become the leading cause of opioid deaths in Canada and the rate continues to rise every year. Recent statistics illustrate that in 2018, 4,460 Canadians lost their lives to opioid-related overdoses, with approximately 73% related to fentanyl.^{Note 20} In 2018, there were 1,334 fentanyl-implicated deaths in BC (up from 1,228 in 2017) and 673 in Alberta (up from 566 in 2017). In Ontario, in the first nine months of 2018, there were 1,473 opioid-related overdose deaths.

Considerations

The PPSC has seen a corresponding increase in the number of fentanyl prosecution files over the past four years, particularly in Alberta, British Columbia and Ontario, and has committed significant resources to creating a complete sentencing record for the courts, including expert medical evidence, in order to educate the judiciary as to the appropriate sentencing range for fentanyl traffickers. To ensure consistency of practice across all regions, the PPSC created a nation-wide network of federal prosecutors appointed as coordinators of fentanyl issues in each region, coordinated from PPSC Headquarters. This working group shares information relating to relevant jurisprudence across the country, as well as emerging challenges and best practices. As a result, fentanyl trafficking offences now attract the highest custodial sentences handed down by the courts in drug trafficking cases in all regions in Canada.

While recognizing the particular harm caused by trafficking of substances containing fentanyl and its derivatives, the PPSC has recently agreed to reduced sentences, including suspended sentences with probation, for traffickers with substance abuse disorders who have demonstrated that they are addressing their disorder and its consequences through treatment. For example, in cases involving an accused trafficking in connection with their substance abuse disorder, they have the option of attending Drug Treatment Courts (DTC) if they are approved by the DTC team.

In further response to the crisis, the PPSC also recently issued a practice directive to PPSC counsel that addresses modified bail conditions for accused persons with substance use disorders with the goal of minimizing short-term detentions for breaches of bail conditions, in order to reduce the risks of overdose on release.