Samuels sentenced to six years for drug charges, obstruction of justice

Jonathan Samuel, who was found guilty earlier this year of possessing fentanyl and cocaine for the purpose of trafficking, obstructing a peace officer, unlawful entry into a dwelling house, various breaches of a release order, and breach of probation, has been handed a six-year sentence.

At Samuel’s trial, which took place in June 2023, the court heard that police attended a hotel in Kingston after a guest reported hearing what sounded like a violent domestic disturbance in a neighbouring room.

As previously reported, police entered the room and located the woman who had been in distress, but did not see Samuel, who was quickly located on a neighbouring balcony. When questioned by police, Samuels threw a bag — later found to be a small cream-coloured toiletry bag full of fentanyl and cocaine worth tens of thousands of dollars — off the balcony. The bag also contained $170 in cash.

Samuel was arrested and charged on Wednesday, Jun. 9, 2021. More details on his trial can be found in Kingstonist’s previous coverage here.

On Tuesday, Sept. 5, 2023, Justice Kristin Muszynski heard sentencing submissions for this case, and her written decision was published on Monday, Sept. 11, 2023.

Citing Samuel’s criminal record, Justice Muszynski declined to order a conditional sentence and found that a period of incarceration was warranted in this instance.

“The chief aggravating factor I consider in determining a fit sentence in this case is the nature of the substance – fentanyl – that Mr. Samuel possessed for the purpose of trafficking. Fentanyl is an extremely addictive and powerful opioid. In the relatively recent Supreme Court of Canada case of R. v. Parraanto, Moldaver J. highlights the devastating impact of fentanyl on individual users and within our communities, writing that ‘fentanyl has altered the landscape of the substance abuse crisis in Canada, revealing itself as public enemy number one,'” she stated.

“I find that a fit and just sentence for Mr. Samuel is six years incarceration less pre-sentence custody which, as agreed, enhanced is one year. Mr. Samuel is therefore sentenced to a further five years in custody.”

She then listed Samuel’s global sentence, broken down as follows:

• Count 1: obstruction of a peace officer in the execution of his duty, contrary to Section 129(a), of the Criminal Code of Canada, R.S.C. 1985, c. C-46.– 2 months;
• Count 2: enter a dwelling-house without lawful excuse with intent to commit an indictable offence therein, contrary to Section 349(1) of the Criminal Code.– 2 months consecutive to Count 1;
• Count 3: for the purpose of trafficking, possess Fentanyl, contrary to section 5(2) of the said Act, thereby committing an indictable offence under section 5(3)(a) of the said Act– 5.5 years, less pre-sentence custody, for a total of 4.5 years, consecutive to Counts 1 and 2;
• Count 4: for the purpose of trafficking, possess Cocaine contrary to Section 5(2) of the said Act, thereby committing an indictable offence under section 5(3)(a) of said Act– 18 months concurrent to Count 3;
• Count 6: failure to comply with a condition of a release order (residence) – 1 month consecutive to Counts 1, 2, and 3;
• Count 7: failure to comply with a condition of a release order (not to possess CDSA) – 1 month concurrent to Counts 6;
• Count 8: failure to comply with probation order (keep the peace) – 1 month consecutive to Counts 1, 2, 3, and 6.

Read the full sentencing document here.