Judge sends Hamilton fentanyl dealer to prison despite ‘immigration consequences’

A judge in Hamilton, Ont., has resisted a drug dealer’s attempt to get a lighter sentence because he might be deported to Jamaica.

Sign In or Create an Account

Hopeton McFarlane pleaded guilty in the Ontario Court of Justice to possession of fentanyl for the purpose of trafficking. His lawyer argued unsuccessfully for a conditional sentence, the Crown recommended three years in prison.

The judge handed the 28-year-old permanent resident, who emigrated from Jamaica at the age of five with his mother, two years behind bars and three years of probation.

Get a dash of perspective along with the trending news of the day in a very readable format.

By signing up you consent to receive the above newsletter from Postmedia Network Inc.

A welcome email is on its way. If you don't see it, please check your junk folder.

The next issue of NP Posted will soon be in your inbox.

We encountered an issue signing you up. Please try again

“I am concerned about the immigration consequences that may result from the sentence imposed on Mr. McFarlane,” Justice Joe Patrick Paul Fiorucci wrote in a recent sentencing decision.

“However, having regard to the seriousness of the offence and Mr. McFarlane’s degree of responsibility, I am satisfied that a penitentiary sentence is required notwithstanding those immigration consequences.”

McFarlane’s immigration lawyer filed a letter with the court advising “that a conviction for possession of fentanyl for the purpose of trafficking renders Mr. McFarlane inadmissible to Canada on grounds of serious criminality under the Immigration and Refugee Protection Act and would likely result in admissibility and removal proceedings,” said the judge’s Sept. 9 decision.

“Counsel also advises that a custodial sentence of six months or more would eliminate Mr. McFarlane’s right to appeal any resulting removal order to the Immigration Appeal Division, whereas a conditional sentence would preserve that right,” Fiorucci said.

“Given that Mr. McFarlane has lived in Canada since childhood and that his family and support network are located here, I accept that these potential immigration consequences are significant.”

The Supreme Court of Canada “has recognized that immigration consequences may properly be considered in crafting a fit sentence,” the judge noted.

“However, the court also cautioned that collateral immigration consequences cannot be permitted to dominate or skew the sentencing process and that sentencing judges must not impose artificial sentences designed to circumvent Parliament’s immigration regime.”

The court heard that police officers were conducting a foot patrol on James Street South on July 2, 2024, just before 10 a.m., when they spotted McFarlane on the north side of a building.

“He was kneeling beside a working digital scale on which fentanyl was visible,” said the decision.

“He was speaking with a female who was seated a few feet away on nearby steps. Based on their observations, the officers believed that Mr. McFarlane was in the midst of a drug transaction.”

When they searched him, police found more fentanyl and $760 in cash in his pocket.

“In total, police seized 8.44 grams of fentanyl and fentanyl residue from the digital scale.”

After police read him his rights, McFarlane “admitted that he was trafficking drugs because of financial difficulties,” said the decision.

McFarlane started drinking alcohol “at a young age and later used cannabis and fentanyl,” said the decision.

“He reported that he used fentanyl regularly before his arrest and that he used the drug as a means of numbing emotional distress and coping with personal difficulties.”

But he stopped using fentanyl after he was charged, a friend died from an overdose, and he learned his partner was going to have a baby.

McFarlane’s daughter was born this past March.

“The evidence establishes that he is involved in her life and that the responsibilities associated with parenthood have become a significant source of motivation,” said the decision. “He is committed to supporting and caring for his partner and his daughter.”

McFarlane grew up in Canada and “has limited present connection to Jamaica,” said the decision.

The Crown argued that “fentanyl trafficking is an exceptionally serious offence and that the principles of denunciation and deterrence must be given primary consideration,” said the decision.

McFarlane’s lawyer argued his client should get two years less a day of house arrest and two years of probation.

“The defence relied on several mitigating factors, the potential immigration consequences of a carceral sentence, as well as the need to mitigate the impact of the sentence on Mr. McFarlane’s family, including his newborn child.”

While the judge accepted that “a custodial sentence will adversely affect Mr. McFarlane’s partner and daughter,” he said “there can be no dispute that possession of fentanyl for the purpose of trafficking is a very serious offence.”

Ontario’s top court “has observed that fentanyl is now known to be a much more dangerous drug than almost any other and that the moral culpability of an offender increases with the level of risk they are prepared to impose on others by trafficking in that substance,” Fiorucci said.

The judge noted that fentanyl and other hard drugs have caused devastation to Hamilton. “The harms extend beyond individual users and include impacts upon families, neighbourhoods, public health systems, and community safety. Denunciation and general deterrence therefore assume particular significance.”

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.

This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.