Toronto, ON – An Ontario Superior Court judge has imposed an 18-month probation order on a Toronto man convicted of possessing fentanyl, focusing on rehabilitation rather than jail time.
Richard Ray Smith, 41, was arrested on December 22, 2022, during a police surveillance operation targeting suspected drug dealers. Officers found him carrying 12.64 grams of fentanyl. Smith admitted to possessing the drug but maintained it was for personal use. In April 2025, Justice J.T. Akbarali acquitted him of possession for the purpose of trafficking and a related proceeds-of-crime charge, finding him guilty of the lesser offence of simple possession.
The court heard that Smith has a long-standing opioid addiction dating back to heroin use in 2016. His addiction deepened after a 2018 accident left him unable to work and requiring surgery, during which he was prescribed fentanyl. He has since been a heavy user and has made multiple, unsuccessful attempts to quit, including through methadone programs. Smith told the court he wishes to stop using fentanyl and is seeking counselling, though there was no evidence confirming his participation in treatment.
Smith’s criminal record includes two prior convictions: one in 2005 for failing to comply with a recognizance and another in 2014 for unauthorized possession of a prohibited or restricted weapon. Neither involved drugs or violence. He also spent 59 days in custody in 2024 for breaching release conditions related to the current charges. With statutory credit, he had 66 days of pre-sentence custody available.
The Crown sought a sentence of time served plus 18 months of probation with mandatory addiction counselling. The defence proposed a suspended sentence with a 12-month probation term and similar conditions, arguing that rehabilitation should be the primary goal. Both sides agreed on the need for treatment and reporting requirements.
Justice Akbarali weighed the aggravating factors, including the quantity of fentanyl and Smith’s prior breaches of court orders, against mitigating factors such as his guilty plea to the lesser offence, the absence of prior drug or violence convictions, and the link between his addiction and the offence. While acknowledging fentanyl’s serious societal impact, the judge noted that incarceration would not address the root cause of Smith’s offending or improve public safety.
Citing similar cases and sentencing principles under the Criminal Code, the judge concluded that a suspended sentence with probation would hold Smith accountable while giving him a structured opportunity to pursue treatment. Under the probation order, Smith must keep the peace, report to a probation officer, live at an approved address, avoid contact with known criminals, refrain from possessing drugs without a prescription, participate in substance abuse counselling, and sign releases allowing compliance checks.
Smith now has a criminal record for a drug offence and faces criminal consequences if he breaches the terms of his probation. The court expressed hope that the sentence would compel him to seek help and reduce the risk posed by his addiction to himself and the community.
The case is cited as R. v. Smith, 2025 ONSC 3928 (CanLII), released on August 7, 2025.
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