ESTEVAN — An Oxbow man who pleaded guilty to drug trafficking charges was handed a four-year prison sentence Aug. 11 in Estevan Provincial Court.
Timothy William Irwin, 61, was sentenced on two counts of possession for the purpose of trafficking and two charges of breaching conditions.
As per the terms of a joint submission between the Crown and Irwin's attorney, Irwin received 1,459 days for one charge of possession for the purpose of trafficking. The other sentences will be served concurrently: 30 months for the other charge of possession for the purpose of trafficking; 10 days for a curfew breach; and 10 days for breaching his release conditions.
Irwin was held in custody from the date of his most recent drug-related arrest of June 25, until July 28, which was the day he pleaded guilty. As per the terms of an interim release, he had to report to the Carlyle RCMP Aug. 10 so he could be in Estevan the following day for sentencing.
He spent 35 days in custody before the Aug. 11 hearing, and was given credit for 53 days time served, leaving him with 1,406 days remaining.
Other charges, including possession for the purpose of trafficking, violating release conditions, and possession of a prohibited weapon, were stayed.
Irwin will also have to follow several conditions once he is released from prison.
Federal Crown prosecutor Kathryn Gilliss told the court that on or around Aug. 11, 2024, police executed a search warrant under the Controlled Drugs and Substances Act at Irwin's property in Oxbow, stemming from a separate criminal investigation. Irwin was arrested and charged at that time.
"During the search warrant that was executed at the property, police located a number of different baggies and suspected methamphetamine," said Gilliss. "They totalled approximately five grams together, along with 34.8 grams of an undetermined white powder."
Other items were seized, she said. All samples were sent to Health Canada and Gilliss said they were confirmed to be methamphetamine.
Then on June 25, Gilliss said police attended his residence in Oxbow for a compliance check and search as per his release conditions. He invited police into the residence's living room, and after a search of the property, which she said didn't require a warrant, police found 26.79 grams of crystal meth, 10.79 grams of a fine white powder, 18 unperscribed tablets and notebooks of transactions and scoresheets. He was lodged in cells and remanded until Aug. 28.
He also had a curfew breach in February.
Gilliss said drug trafficking is a serious offence, and the Court of Appeal has put the range of sentence at 18 months to four years
"This, of course, is on the very high range of that, for a number of reasons," said Gilliss.
Methamphetamine poses a high risk to the community, she said. Also, she pointed out Irwin has six previous convictions related to drugs, including possession for the purpose of trafficking. The previous one was in 2009, she said, and resulted in a two-year custodial sentence.
The harshest punishment was for the possession for the purpose of trafficking charge that occurred when he was on release conditions.
Irwin's attorney, Jonathan Goby, noted Irwin has worked in real estate and in the oilfield, and in recent years owned his own business. Goby pointed out the amounts involved were not large, and one of the substances found at Irwin's residence was not controlled. Goby added Irwin was co-operative with authorities.
"Mr. Irwin does understand the seriousness of the matter and does regret his actions," said Goby, who later added the joint submission is within the reasonable range.
Judge Mitch Miller agreed it was a reasonable joint submission. At one point during the hearing, Miller asked Goby if Irwin was trafficking to feed his own drug needs, and Goby said no. Miller said he found this "perplexing".
"It perplexes me as to why you're trafficking, because as noted by Ms. Gilliss, meth is a very high-risk drug," said Miller, who said he has seen a lot of people damaged by the drug.
Miller asked Irwin if Irwin had given any thought about the damage of trafficking drugs.
"It has impacts on the community. It has impacts on people and maybe some who – because of their meth addiction, that was caused by you – appeared in this very court," said Miller.
The judge closed his comments by saying he hopes Irwin comes out better after his time in custody.
