A Quesnel man who was selling illicit party drugs through a website should have known what he was getting into, a B.C. Supreme Court Justice found in sentencing him to 2 1/2 years in jail.
The lawyer for Travis James Gaudette, 32, had argued three years probation with a suspended sentence was appropriate for his client on the basis of exceptional circumstances.
Although agreeing ignorance of the law is no excuse, Gaudette erroneously believed the items he was selling were not illegal.
He had relied on his own Internet research and discussions with others, which lawyer Jason LeBlond argued amounted to a lack of due diligence and reduced Gaudette's moral culpability.
But Justice Marguerite Church was not convinced. Although Gaudette expressed remorse and acknowledged the harm he has done to his reputation and family, Church said she was not sure he truly recognized the harm done to society.
"His actions in trafficking what were essentially unknown and untested substances imported from an unknown source in China were not only highly irresponsible, but also had the very real potential to be fatal to the persons to whom the substances were trafficked," Church said in a decision for sentencing.
"In my view, this is not one of those rare cases where the standard of exceptional circumstances is met that would justify departing from the sentencing range."
Additionally, she said time in jail is necessary in the name of denunciating the crime and deterring others from committing the same act.
Gaudette was arrested in June 2013 after Canada Border Service Agents intercepted a package from Nanjing, China. It was labeled as tea but contained 500 grams of butylone which delivers the same effects as ecstasy.
Checks revealed it was addressed to a post office box registered to Gaudette and his website, which offered for sale "safe alternatives to party drugs." In all, it sold 24 different substances, including butylone and methylone, for which Gaudette pleaded guilty to possession for the purpose of trafficking.
Police determined the website was up and running by 2011. By that time, the items were listed on the Controlled Drugs as Substances Act Act as Schedule III because of their psychedelic effects and by 2012 were raised to Schedule I because of their addictive properties.
Gaudette testified he started the website after seeing packages of party pills for sale in an adult store. He said he spoke to others in the business and learned the profits were exceptional while also believing the products were entirely legal.
His research brought him into contact with Adam Wookey, a self-proclaimed "legal" drug baron who became Gaudette's main supplier. While Wookey had some legal problems, such as the police raiding his warehouse, Gaudette said he believed it was nothing that would lead to his arrest or jail time.
Church also noted he posted a "rather strange disclaimer" that the "products are not intended for human consumption. This website is for informational purposes only." Under cross-examination, he eventually admitted the disclaimer was posted to "have something out there" and prevent him from getting into trouble.
By May 2011, Gaudette was buying his product from a source in China. On that date he received a letter from Health Canada that a package he had ordered from the country had been seized.
After speaking to a friend and personal injury lawyer Gaudette decided the disclaimer was enough to protect him. Other than switching back to Wookey, he ignored the letter, but a few months before his arrest he had resumed his imports from China.
In the event Church decided jail time was appropriate, LeBlond argued for two years plus a day, while Crown sought three years.
The range for the offence and Gaudette's circumstances was two to four years, according to the case law presented during a sentencing hearing.
Gaudette was sentenced September 7 and the reasons for sentencing were posted online this week.
