SASKATOON – A court case out of Alberta is turning a lot of heads as drug overdose deaths linked to fentanyl continue to climb. In a rare but not unprecedented move in a fatal drug case, the accused is now facing an upgraded charge of manslaughter. This, after 41-year-old Bobby Weasel Head, a member of the Blood Tribe allegedly sold fentanyl to a couple who later died of a lethal drug overdose.
“This would be the first scenario that I’ve personally heard of,” said Brian Pfefferle, a defence lawyer in Saskatoon.
The upgraded charges come one year after Roxanne Blood and Timothy Eagle Speaker were found deceased in their Stand Off, Alta. home leaving their four children orphaned.
“To be labelled a ‘manslaughterer’ is a very serious thing in criminal law and early case law argued that was a stigma crime, I think that there’s no question that it is,” said Pfefferle.
“People often equate manslaughter with murder, where criminal negligence causing death would not be equated in the public’s mind or probably the accused’s mind as the same concepts.”
Two co-accused who were also charged at the time, still face initial charges of criminal negligence causing death. The man and woman will be tried together with a preliminary hearing scheduled for April 14.
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A trial date for Weasel Head has yet to be set and it is unclear if he’ll be tried by a judge or jury. He faces an additional charge of trafficking. None of the accused have entered pleas.
“The interesting thing about criminal negligence and manslaughter is that to some degree it’s a distinction without a difference in a legal sense in that both offences carry with them maximum life imprisonment,” added Pfefferle.
“The range of sentences are similar although there’s arguments with respect with certain types of offences where manslaughter would be a more serious offence and the range may be higher.”
Pfefferle also notes that even if someone knowingly takes a drug that is dangerous and even deadly, some onus falls on the person providing the drug.
“If the individual knew the risks, it may be a mitigating factor that’s considered by the court but it wouldn’t be something that would constitute a defence typically.”
According to the latest numbers provided by the Office of the Chief Coroner there have been were 32 deaths in Saskatchewan involving fentanyl between 2013-15. The majority of deadly overdoses occurred in Saskatoon which is why we could possibly see a fatal drug case here where manslaughter charges are pressed.
“I would hope that we do not see these sorts of cases in Saskatchewan but I would be very surprised if we do not see a similar trend.”
In a statement to Global News on behalf of Public Prosecutions, here’s what is taken into consideration by the Crown:
- Prosecutors can only proceed where there is a reasonable likelihood of conviction and where it is in the public interest to prosecute.
- Prosecutors base that assessment on the available, admissible evidence. It is also informed by case law.
- Public Prosecutions cannot speculate on what specific direction the Crown will take on future cases. Each one is looked at on its own merits.