BARRHEAD/WESTLOCK — A Barrhead man found to be in possession of more than 200 grams of methamphetamine and a loaded 12-gauge shotgun as a result of a police operation carried out in July 2022 was sentenced to five and a half years in prison to be served in a federal penitentiary.
At Westlock Court of Justice on Dec. 13, Lorne Kyle Jack Harris pleaded guilty to possession for the purposes of trafficking as outlined under the Controlled Drugs and Substances Act (CDSA), along with charges of knowingly possessing an unlawful firearm, possession of a prohibited/restricted firearm with ammunition, possession of a firearm while prohibited by a court order and possession of stolen property.
Approximately 12 other charges relating to drugs and firearms, as well as two charges of failing to comply with the conditions of a release order and one charge of possessing unstamped tobacco products, were withdrawn.
Justice Gregory Rice sentenced Harris to 48 months (four years) on the first possession charge and 18 months (a year and a half) to be served consecutively on the second firearms charge. He also sentenced Harris to a total of three and a half years to be served concurrently on the three remaining charges.
Harris also received a lifetime prohibition on the possession of restricted/prohibited firearms and a 10-year ban on all other firearms, as well as five $200 victim fine surcharges totaling $1,000, which he must pay by the end of June 2024.
Harris was credited for the 520 days he had spent in custody on an enhanced credit basis, which worked out to 780 days (26 months) off his sentence.
Defence lawyer Richard Forbes said Harris, who is 36 years old, had been taking advantage of all the programming available to him at the Fort Saskatchewan Correctional Centre, and would continue to avail himself of any classes or programs available in federal custody.
Justice Rice told Harris that “hopefully you continue to take your courses while you’re in prison and … become a productive member of society.”
Trial averted
The full facts of the case were not read out in open court, with the Crown instead submitting a signed four-page statement of facts as evidence.
However, the Town & Country This Week had previously reported that Harris was arrested as a result of a search warrant conducted on the evening of July 10, 2022, at a property in the neighbourhood of 55th Avenue.
At the time, Sgt. Bob Dodds of the Barrhead RCMP said this search warrant was the result of several weeks of investigation into an individual known to be part of the drug trade.
Federal Crown prosecutor Alexander Bernard said the first possession charge related to 211.14 grams of methamphetamine with an estimated street value of $4,200 that were seized from the property.
Bernard also noted Harris was found with 36.18 grams of cocaine with an estimated value of $3,700, though it was not part of the drug charge.
The second firearm charge related to a Weatherbee PA-459 pump-action 12-guage shotgun, which was found by police in “a state of readiness” on the property, Bernard said.
Specifically, this item was found by police behind a chair that was located in a shed on the property. Anderson noted that a makeshift “command centre” had been set up inside the shed.
Harris cited precedent that when a firearm is found in relation to a drug operation, any resulting charge should net a sentence that runs consecutively to the drug charges.
Another firearm, a sawed-off Ruger 10/22, was found in a duffel bag on the property. However, it had been loosely inserted into a chassis or stock and was not in a high state of readiness.
“Police tell me that ... it just needed some pins to secure it to the stock,” Bernard said.
The possession of stolen property charge also related to $800 in cash that was found on the property. According to previous reporting, a 3D printer and 1,800 cigarettes missing a tax label were also seized by RCMP.
Bernard said this matter was originally set for a five-day trial during the first week of November, but some issues arose close to the trial date that prompted the Crown and defence to work on a joint submission.
He did not specify what those issues were except that they could have prompted some litigation.
As well, Bernard noted that Forbes had an outstanding Charter of Rights application and this matter was drawing close to the “Jordan” deadline, referencing a previous Supreme Court of Canada decision that trials must be heard within 18 months after charges are laid.
Those factors guided the joint submission for five and a half years in prison, despite Harris’ lengthy criminal record and the seriousness of the charges.
Justice Rice agreed that this case could have netted a sentence of eight to 10 years had everything gone the Crown’s way, but acknowledged the unlikelihood of that being the case between the issues that arose prior to trial and Forbes’ Charter application.
“These trials are big and complicated, and lots of things can go wrong,” he added, noting that he always goes along with joint submissions unless they put the justice system into disrepute, which this sentence did not.
-with files from Barry Kerton
