Annex 1: Drug and Organized Crime Prosecutions Case Summaries

Prosecution of La Cosa Nostra Organized Crime Family in Toronto

Project OTremens (Ontario Regional Office)

Project OTremens was a police agent driven investigation in the Greater Toronto area that focused on members and associates of the organized crime group known as La Cosa Nostra (LCN). The investigation used a trusted associate of the New York City based “Bonanno” LCN crime family who, during the course of the investigation, became an official made member of that family. The agent’s membership in the LCN facilitated his criminal transactions with members and associates of other LCN-based criminal organizations operating in Canada and the United States. The international workings of this secretive criminal organization were illustrated by the agent and other undercover police officers who made purchases of a variety of drugs and other criminal commodities during the course of the investigation. At the conclusion of the investigation the police had seized 6 kilograms of fentanyl, 40 kilograms of cocaine, plus a conspiracy to import over 200 kilograms, 13 kilograms of heroin, 260,000 MDMA & Methamphetamine pills, 3 kilograms of MDA and 3 handguns. 

As a result of the agent’s entrenchment within LCN, the OTremens investigation yielded unprecedented evidence disclosing the inner workings of LCN in Canada and the United States.  During Project OTremens, the police audio and video recorded a secret ritual ceremony in which the agent was inducted into the “Bonanno” crime family, a law enforcement first in North America. The evidence also captured a remarkable admission by one of the main targets that he had recently been made the “underboss” of the Buffalo LCN group. 

The investigation commenced in late 2013 and concluded four years later in November 2017 with arrests coordinated across Canada and the United States for a variety of drug and gun trafficking offences and conspiracies to import significant quantities of drugs into Canada. By December 2018, of the 13 accused who were prosecuted in Canada, all but two peripheral accused had pled guilty. The sentences ranged from four years for lower level delivery persons to 17 years for high level fentanyl and cocaine traffickers. The vast majority of the guilty pleas occurred within six months of the arrests.  

The monumental success of this case is in part due to the Agent Handling Protocol developed by the Anti-Organized Crime Team of the Ontario Regional Office.  At the very outset of the investigation, senior prosecutors and paralegals were assigned to provide ongoing legal advice on a number of complex local and international legal issues, support for the electronic and timely collection and presentation of evidence in the templates developed by the Anti-Organized Crime team, and for the creation of an effective prosecution plan.

The disclosure generated by this lengthy investigation was voluminous. During the course of the investigation, the agent was deployed in 319 scenarios in which he interacted with targets. All of these were recorded and transcribed, as well as multiple interviews setting out his history and background. The investigation also involved over 60 judicial authorizations, including five wiretap authorizations, and 21 one-party consent wiretap authorizations. Almost 1,000 surveillance reports were generated and well over 200 police officers were involved. In total, the disclosure included approximately a terabyte of data in 130,000 files.

In addition to the significant time and preparation involved advising police, preparing and disseminating disclosure, show cause hearings, conducting case management, and preparing for trial where necessary, the prosecution required significant co-operation with US authorities, including the FBI and the US District Attorney for the Eastern District of New York.

Outlaw Motorcycle Gangs Re-established in Atlantic Canada

Project Harley (Nova Scotia)

The Hells Angels outlaw motorcycle gang has been attempting to re-establish itself in Atlantic Canada after an absence of over 15 years.  In 2016, it established two “hangaround” chapters – one in Halifax and another in Charlottetown, and an HA Nomads chapter in New Brunswick.  In 2017 the Halifax and Charlottetown “hangaround” chapters were promoted to “Prospect” chapters. (In November 2018 the Halifax chapter dissolved and merged into the New Brunswick Nomads chapter.)

In an effort to disrupt these re-establishment efforts and target members and associates of the Hells Angels, an undercover police operator [ Redacted

                       ] a full-patch Hells Angel member from Ontario. Transactions in cocaine at the kilogram level are very significant in Atlantic Canada.

The prosecution of conspiracy and substantive charges is at the preliminary inquiry stage.  While these arrests and prosecutions do not put an end to the efforts of the Hells Angels to re-establish their presence in Atlantic Canada, they do represent a significant disruption.

[ Redacted

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Significant Carfentanil Sentencing Decision

R v Chartrand (Manitoba)

Chartrand was convicted after a lengthy trial on 29 counts including possession for the purpose of trafficking in carfentanil (500 tabs), possession for the purpose of trafficking in methamphetamine (1 kg), and possession for the purpose of trafficking in various other drugs such as oxycodone and hydromorphone.  Chartrand was also convicted of numerous weapons offences including 4 firearms counts (one weapon was loaded and one had been defaced) and explosives charges, as well as breaches related to weapons prohibitions.

At sentencing, the PPSC crown sought 21years incarceration after trial and the defence sought 11 years reduced to 9 years for totality. There were many aggravating factors in this case, including a lengthy criminal record, and essentially no mitigating factors.  In the end, the judge sentenced Chartrand to a total of 20 years’ incarceration that was reduced to 17 years due to the principle of totality. Of note, he received 15 years on the carfentanil charge alone with 10 years concurrent on the methamphetamine and other drugs. He also received 4 years consecutive on the loaded prohibited firearms charges, concurrent sentences on the remaining weapons offences, and 1 year consecutive sentence on the breach charges. 

Fentanyl and Carfentanil are very potent and dangerous opioids. Carfentanil is 10,000 times stronger than morphine and fentanyl is 50 to 100 times stronger than morphine. The courts are taking the sentencing decisions in these drugs extremely seriously and sentencing offenders to lengthy sentences of imprisonment.  Of note, the sentencing judge stated that the range of sentence for high level trafficking is loosely 8 to 12 years but this does not include carfentanil.  He agreed that carfentanil in particular was “in a class of its own.”