A picture taken of Vern Ross entering Prince Albert Court of King's Bench. (Nigel Maxwell/ paNOW Staff)
Court proceedings

Convicted drug trafficker appeals sentence

Feb 16, 2023 | 12:00 PM

A man who received a 2.5-year prison sentence for trafficking prescription medication is appealing both his conviction and sentence.

Vern Ross’s case is now with the Saskatchewan Court of Appeal.

At the conclusion of a trial last spring, the 63-year-old was found guilty of possession of hydromorphone for the purpose of trafficking and possession of proceeds of crime exceeding $5,000.

The police investigation dates back to Sept. 2019, and Ross was one of two men charged. Over 1,800 hydromorphone and Dilaudid pills were found at a Prince Albert residence. Police also seized $9,000 in cash.

During the trial, it was learned Ross was selling hydromorphone pills that he had been prescribed by his doctor. What was involved in this case were 20 bottles, representing 20 separate trips to the pharmacy by Ross and the people who were helping him.

Typically, the range for sentencing for a charge of this nature, as established by the Court of Appeal is between 18 months and four years.

Ross’s appeal is based on the claims the original search warrant was a violation of his charter rights. He also claims the trial judge erred in his application of the appropriate test for circumstantial evidence; and this error lead the trial judge to the faulty conclusion that the only reasonable inference that could be drawn from the evidence was that the Appellant was guilty of both offences— beyond a reasonable doubt.

Ross also claims the trial judge failed to grant a conditional sentence order in light of the newly enacted Bill C-5.

The bill, which received royal assent last November, amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for greater use of conditional sentences, and establish diversion measures for simple drug possession offences.

During sentencing submissions, Crown Prosecutor Daniel Arnot described Ross’s actions as a corruption of the medical system, adding hydromorphone is a very addictive drug and can be deadly if the wrong dose is given.

Then on the day of actual sentencing, Justice Meschishnick explained the trafficking scheme led by Ross was motivated by profit and was not influenced by addiction.

“His lack of remorse and acceptance of responsibility stands in the way of a restorative sentence,” he said

Meschishnick also noted Ross had shown no understanding of the social consequences of his actions or had shown any plans to cut ties with any of his former associates.

Ross was released on bail on Jan. 30. A date for the appeal hearing has not yet been set.

nigel.maxwell@pattisonmedia.com

On Rwotter: @nigelmaxwell

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