billing capsbudget cutscontract prosecutorsControlled Drugs and Substances Actcrimedrug crisisdrug trafficking chargesFeaturedfederal statutesfentanylFrank BergenHabiton SolomonHamilton Policepolice investigationsprosecution decisionspublic interestPublic Prosecution Service of Canadapublic safety concernsreasonable prospect of convictionserious cases stayed

Prosecution budget issues leading to fentanyl trafficking charges getting dropped

Source: RCMP

Serious criminal charges are getting thrown out because of budget cuts in the federal prosecution service, an Ontario police chief says.

Hamilton, Ont. police chief Frank Bergen voiced frustration and disappointment at a police services board meeting after learning that the Public Prosecution Service of Canada (PPSC) dropped 19 drug trafficking charges laid by Hamilton officers earlier this month.

The Public Prosecution Service of Canada handles prosecutions for federal statutes, such as charges under the Controlled Drugs and Substances Act, including trafficking.

Bergen said many serious cases, notably involving the trafficking of fentanyl, had been stayed or withdrawn “without reasonable explanation.”

Bergen said the issue was likely related to a billing cap imposed by the government on contract federal prosecutors.

The prosecution service confirmed this is the case.

“As with all public agencies, we are managing our operations within our allocated budget,” a spokesperson told True North. “This is one of our key responsibilities and is tied to the sound stewardship of public funds.”

The budget cuts are prompting concerns among Ontario police services about why certain drug cases have been stayed or withdrawn since the start of the year, including charges against a Hamilton man who was once among Canada’s most wanted.

“These cases involve serious drug trafficking of fentanyl, cocaine and opioids that directly affect our community, especially our most vulnerable,” Bergen said. “It is our understanding that these dispositions were not related to reasonable prospect of conviction, public interest or the quality of police investigations.”

One of the drug cases that Hamilton police say was inexplicably suspended in mid-January involved Habiton Solomon, who was among Canada’s top 25 most wanted when he was arrested in 2023 for allegedly selling drugs. He still faces murder charges.

“All prosecution decisions are made on the basis of whether there is a reasonable prospect of conviction based upon the evidence and a prosecution is in the public interest,’ the federal prosecution service spokesperson said. “We are dedicated to working with law enforcement and investigative agencies to ensure public safety and the proper functioning of the administration of criminal justice.”

Bergen, meanwhile, said police will continue to do their jobs.

“I hope the federal government is paying attention that we need their assistance, specific to the illegal proliferation and exploitation of the most vulnerable in our community,” Bergen continued. “Make no mistake, our mandate is to stop drug trafficking in our city, and our members will continue to dismantle these illegal drug operations. I expect the same commitment from our federal prosecutors.”

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