Client charged with trafficking crack cocaine to an undercover officer. Client was targeted by an undercover operation because client was a known drug addict who was attending at a public location that was believed to a location where drugs were frequently sold. Client agreed to act as a middleperson for a drug transaction if the undercover officer would supply client with some of the purchased drugs.

Held: Sentenced to 90 day intermittent sentence.

The Court found that, notwithstanding unfair police conduct “re-victimizing the same victims … drug laws seek to protect”, a stay of proceedings was not warranted. However, as a result of the client being an addict taking advantage of the opportunity to get drugs for personal use the Court found the client was not acting as a commercial trafficker and that the Crown request for a 12 month jail sentence was unfit.