Suggested lenient sentence concerns judge
Lawyers recommend 2½-year prison term for Chris James Arbeau, 45, of Fredericton, for possessing drugs for purpose of trafficking twice in 2021 despite past convictions
A recommended prison term of 2½ years for a Fredericton man caught selling hard drugs twice in 2021 seemed light given his past convictions for the same sorts of offences, a judge said Thursday.
Chris James Arbeau, 45, of Brookside Drive, appeared in Fredericton provincial court by video conference from the Saint John Regional Correctional Centre on Thursday for his sentencing hearing on drug-trafficking charges.
He pleaded guilty in February to possessing meth and hydromorphone for the purpose of trafficking and possessing the proceeds of crime Jan. 19, 2021; and to possessing meth for the purpose of trafficking and possessing the proceeds of crime again Sept. 29, 2021.
Arbeau was supposed to be sentenced in the summer, but he missed his appointment with probation services for his pre-sentence report interview.
The sentencing was delayed to Sept. 25, and while he did get his pre-sentence report done, he was a no-show for court that day.
A warrant was issued for Arbeau’s arrest, and he was taken into custody and held.
Prosecutor Wesley McIntosh said the Crown and defence had previously arrived at a joint recommendation on sentence: 30 months in federal prison.
“It appears this was low-level street dealing to support one’s habit,” he said.
Such trafficking activity is considered to be on the low end, the prosecutor said, but even that has to attract a prison sentence.
But Judge Scott Brittain expressed concern that the suggested prison term was on the low end, given the fact Arbeau has related convictions on his criminal record, including entries for possession of illicit drugs for the purpose of trafficking.
The prosecutor said at least one of those convictions would’ve been for possessing cannabis for trafficking purposes.
“It’s obvious he’s been involved in the narcotics underworld for quite some time,” McIntosh said.
Defence lawyer Edward Derrah said one of the reasons for the 30-month recommendation was due to weaknesses in the Crown’s case.
Specifically, he argued, when the deal was reached, the case was nearing the timing threshold set out in a Supreme Court of Canada case, R v. Jordan, which directed that provincial court cases should take no longer than 18 months, barring delays on the defence side.
Derrah said there were two Crown adjournments in the case, meaning the Jordan guideline was an active issue. There was some give and take in the negotiations for the joint recommendation, he said.
The defence was also taking issue with the circumstances of how evidence against Arbeau was collected, Derrah said.
“The searches were challenged for both arrests,” he said.
McIntosh, who wasn’t involved in the original sentencing negotiation, acknowledged the jointly recommended term did flow in part from issues with the Crown’s case.
Brittain said he needed some time to consider the arguments, so he set the sentencing over to Nov. 17. He said it could be for decision on sentence at that time, or for further questions about the recommendation and his concerns with it.
McIntosh noted that Arbeau had also pleaded guilty to failing to attend court Sept. 25, and the parties had agreed the time he served since his arrest shortly thereafter would cover that offence in terms of sentence.
However, the joint recommendation of 2½ years in prison going forward was intended to be as of Thursday’s hearing, he said.
Any additional remand time accumulated from this point onward would have to be deducted from whatever prison term is imposed at the customary 1½-to-one credit formula, the prosecutor said.
Brittain remanded Arbeau again until the next court date.
Court heard earlier this year that the Fredericton Police Force’s drug section had Arbeau under surveillance as part of ongoing trafficking investigations, and its officers witnessed him engaging in drug transactions around the capital.
Officers followed a car in which Arbeau was a passenger on Jan. 19, 2021, and they saw him sell drugs to a man he met in the parking lot of St. Mary’s Supermarket.
The parties were surrounded by police at that time, and officers found more than 50 grams of crystal meth, four hydromorphone capsules, other drugs and $2,185 in cash on Arbeau’s person.
The offender was released on conditions, but police caught him selling drugs again Sept. 29, 2021, in front of the River Stone Recovery Centre, a downtown addictions treatment facility.
Arbeau was arrested again, and police found crystal meth, clonazepam pills, meth pipes and $175 cash on him at that time.
Don MacPherson can be contacted at ftonindependent@gmail.com.