drug trafficking – sentencing – prison guard at remand centre pleads guilty to smuggling large quantity of opiates into institution – Crown seeks eight years’ jail – defence seeks conditional sentence order for two years less a day – sentencing judge imposes five years’ jail.

Matthew Domke, who was guard at the Edmonton Remand Centre at the time of the offences, pleaded guilty to four counts of possession for the purpose of trafficking contrary to s. 5(2) of the Controlled Drug and Substances Act (CDSA).  The four counts refer to four different schedule 1 CDSA opiates: hydromorphone, codeine, oxycodone, and morphine.  The maximum penalty for each offence is life imprisonment.

Mr. Ackerl, on behalf of the Crown, sought an eight year penitentiary term.  Mr. Prithipaul, on behalf of the accused, sought a conditional sentencing order of 2 year less one day followed by a lengthy, probationary term.  Both counsel made able oral submissions in relation to their respective positions and filed comprehensive written materials.  I adjourned the sentencing of Mr. Domke to today’s date to reflect on their submissions.