Ontario Court Rejects Reduced Sentence Request From Fentanyl Dealer Facing Deportation

An Ontario judge has rejected a request for a reduced sentence from a convicted drug dealer seeking to avoid deportation.

Twenty-eight-year-old permanent resident Hopeton McFarlane pleaded guilty in the Ontario Court of Justice in Hamilton to possession of fentanyl for the purpose of trafficking earlier this year.

The judge sentenced McFarlane to two years in prison and three years of probation earlier this month. His lawyer had asked for a conditional sentence of two years less a day, arguing in part that a prison sentence could lead to his deportation to his home country of Jamaica.

McFarlane’s immigration counsel submitted a letter to the court advising that a conviction for possession of fentanyl for the purpose of trafficking would likely trigger admissibility and deportation proceedings under the Immigration and Refugee Protection Act.

In his decision, Justice Joe Patrick Paul Fiorucci wrote that while he is “concerned” about the immigration consequences, the sentence is justified given the seriousness of the offence.

“Having regard to the seriousness of the offence and Mr. McFarlane’s degree of responsibility, I am satisfied that a penitentiary sentence is required notwithstanding those immigration consequences,” he wrote.

The federal Conservatives have called for changes to prevent immigration status from being considered when sentencing non-citizens.

In 2025, Conservative MP Michelle Rempel Garner introduced legislation that would bar judges from considering the potential immigration consequences of a sentence for a convicted non-citizen or their family. The party has also called for the immediate deportation of non-citizens convicted of indictable offences as the primary option.

Non-citizens and permanent residents can be deported under the act on grounds of “serious criminality” if they receive a sentence of six months or more. It also strips permanent residents of their right to appeal their deportation order to the Immigration Appeal Division.

Justice Fiorucci noted a Supreme Court of Canada ruling that said while immigration consequences can be considered when determining a sentence, it must still remain within the normal range of punishment for the specific offence.

“Sentencing judges must not impose artificial sentences designed to circumvent Parliament’s immigration regime,” Fiorucci added.

Fentanyl Bust

Police officers conducting a foot patrol in Hamilton on July 2, 2024, noticed McFarlane kneeling on the north side of a building beside a working digital scale on which fentanyl was visible, the court heard.

“He was speaking with a female who was seated a few feet away on nearby steps,” the court document reads. “Based on their observations, the officers believed that Mr. McFarlane was in the midst of a drug transaction.”

Officers discovered additional fentanyl and $760 in cash after they searched him and confiscated a total of 8.44 grams of the drug, according to court records.

McFarlane confessed to trafficking drugs after the officers read him his rights. He said he was forced to do so “because of financial difficulties,” the court ruling said.

McFarlane admitted that he used fentanyl regularly before his arrest and that he used the drug “as a means of numbing emotional distress and coping with personal difficulties.”

He stopped using fentanyl after he was charged and has remained offence-free, according to the ruling. He also started therapy, secured employment, and became a father in March.

“The evidence establishes that he is involved in her life and that the responsibilities associated with parenthood have become a significant source of motivation,” the decision said. “He is committed to supporting and caring for his partner and his daughter.”

McFarlane’s lawyer argued his client should be given a sentence of two years less a day of house arrest followed by two years of probation. In contrast, the Crown sought a three-year sentence, emphasizing that fentanyl trafficking is “exceptionally serious.”

The judge acknowledged that a custodial sentence would adversely affect McFarlane’s partner and daughter, but said “there can be no dispute that possession of fentanyl for the purpose of trafficking is a very serious offence.”

The judge said fentanyl and other hard drugs have wreaked havoc in Hamilton, impacting families, neighbourhoods, and community safety.

“Although my conclusion that a fit sentence is two years’ imprisonment makes a conditional sentence unavailable, I have considered whether a sentence of two years less a day would be proportionate. I am satisfied that it would not,” he wrote.

“Despite the substantial mitigating considerations in Mr. McFarlane’s favour, a sentence below the penitentiary threshold would not adequately reflect the gravity of commercially motivated fentanyl trafficking, the danger associated with fentanyl, and Mr. McFarlane’s degree of responsibility.”