A 45-year-old Squamish man accused of possession of fentanyl, among other drugs, for the purpose of trafficking has been given a 4.5-year prison sentence, minus time already served.
Ghyslain Noel received 3.5 years for drug charges and one year for being in the possession of money made at least partially from the proceeds of crime, which will be served consecutively.
However, that will be knocked down to over three years after taking into account credit for Noel’s time already served.
The sentence was passed down by Justice Patricia Bond on May 28 at the North Vancouver courts.
In October 2018, he pled guilty to three counts related to those charges, which relate to an incident in October 2017.
“Mr. Noel was a street-level trafficker in Squamish at the relevant times,” she said.
Bond said after surveilling Noel in September and October 2017, police arrested him and searched his residence. He had $150,000, which allegedly was at least partially from the proceeds of crime.
Police arrested Noel and searched him again in August 2018. No pleas have been entered with respect to the charges from that second incident.
“A jail sentence is necessary in this case. Mr. Noel must be removed from the community for the public’s protection and to emphasize this court’s condemnation of his serious and repetitive criminal behaviour,” said Bond.
“Mr. Noel was a man with many skills and talents. He has demonstrated that he could be a productive member of society. He could and has been a productive member of society. He acknowledges that in his addiction he did not care about the consequences of what he was doing. Or himself. Or anyone else. Even though he knew well what they were at the time.”
Noel left his family at the age of 15 and moved to Whistler and, later, Squamish, Bond said.
He has a sporadic work history in general labour, electrical and landscaping, she said.
Noel started using drugs in his late teens, but abstained for about 10 years, she said. However, he’d later struggle with addictions and used drugs such as crack cocaine, methamphetamine and heroin.
She noted this was not the first time Noel had a run-in with the law.
“Mr. Noel’s criminal record is considerable,” Bond said. “He has 29 convictions, four for possession for the purpose of trafficking. The last conviction for possession for the purpose of trafficking was in 2012.”
“He submits that the offences before the court were motivated to support his drug addiction,” Bond said.
“He demonstrated some insight into the severity of the offences and some remorse for his actions.”
Bond noted that Noel prepared a letter to the courts that stated he was committed to overcoming his addiction, and apologized to the court for anyone he has hurt.
“I have no reason to doubt his sincerity at this time, or even to doubt he has the capacity to rehabilitate,” Bond said.
The Crown was seeking an overall sentence of five years.
Bond called Noel’s desire to rehabilitate himself “significant and commendable,” but it wasn’t enough to overtake the principles of denunciation and deterrence.
