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Woman trafficked cocaine 'socially,' not on commercial scale, rules judge

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Convicted cocaine trafficker Serenus Bryan won't face a three-year sentence - the starting point for commercial cocaine trafficking – after a NWT Supreme Court Justice ruled on Tuesday the 51-year-old trafficked the drug “socially." 

In court, the distinction is important. It can mean longer or shorter sentences for offenders convicted of trafficking drugs.

A jury found Bryan guilty of trafficking cocaine in November, but acquitted her of trafficking fentanyl. She's set to be sentenced in the coming weeks. 

She was one of nearly 30 suspects arrested in 2016 as part of a large-scale operation into drug trafficking in the territory and its capital, dubbed Project Green Manalishi. The probe, launched by the RCMP’s federal investigations arm, targeted two sophisticated drug networks anchored in Yellowknife, one of which was helmed by Todd Dube, who is currently serving a prison sentence for drug-related offences. 

Unlike judge-alone trials, a jury isn’t asked to provide the reasoning behind its finding of guilt. Following a verdict, a sentencing judge accepts all facts, expressed or implied, that form the basis of the guilty verdict. But the court can also call for evidence disclosed at trial to be proven, or hear evidence submitted by the Crown and defence related to the fact.

In this case, the fact was whether or not Bryan trafficked the cocaine socially – at very low levels among her partner or friends  – or commercially, a distinction prescribed to the trafficking of larger quantities of cocaine. The "starting point" for the commercial trafficking of cocaine is three years. 

Social or “technical” trafficking convictions trigger lower sentences.

On Tuesday, before Justice Shaner made her decision, Bryan’s attorney Steven Smith and Crown prosecutor Duane Praught sparred over the offender’s level of involvement in the Dube-led drug network.

Drawing from 25 intercepted communications – the bulk of which featured conversations about cash, drugs and debts between Bryan and Dube – Praught said the evidence speaks for itself. He said conversations about Bryan receiving quantities of cocaine in the range of 3.5 grams to seven grams and more was indicative of commercial trafficking.

At trial, Bryan’s lawyer argued his client was a severe addict who was indeed buying the drugs she spoke about with Dube, but that she consumed the drugs and didn't traffic them.

Praught said evidence does suggest she was consuming some of the cocaine, but that all the evidence pointed to commercial trafficking. He added it’s possible Bryan trafficked socially, but it’s not supported by evidence.

Unlike typical drug cases, no physical evidence was tied to Bryan. Police didn’t seize any drugs, paraphernalia, drug debt lists or score sheets.

Smith said there was “no question” Bryan was buying the quantities outlined by Praught, but said there is no evidence she was selling those quantities.

Smith said there is no doubt his client was representing herself as a trafficker to her suppliers, but asserted the Crown hasn’t proven beyond a reasonable doubt Bryan trafficked commercially. 

Following a two-hour adjournment on Tuesday, Shaner agreed.

Shaner said there was ambiguity in the evidence which left her with a reasonable doubt that Bryan trafficked cocaine commercially. She said Bryan wouldn’t have possessed more than a few grams of cocaine at a time.

But Shaner noted mentions of cooking cocaine into crack cocaine and “reloading” drugs in wiretapped calls between Bryan and Dube.

“All of this supports trafficking and even probably commercial trafficking, but I’m not convinced beyond a reasonable doubt the evidence supports commercial trafficking,” said Shaner.

“In the end I’m certain she was trafficking cocaine and selling to others. I'm not satisfied it was anything more than low-level trafficking fueled by addiction,” she added.

While the ruling brings this stage of the case to a close, Bryan will be back in court on Jan. 4, when the Crown and the defence will make sentencing submissions.