No mandatory minimum for selling drugs near closed school, judge finds

A B.C. Supreme Court Justice has concluded a Quesnel man was not near a location usually frequented by young people when he sold drugs while on the grounds of a now-closed school.

Although a gymnastics club was using the gym at the old Maple Drive junior high school in the community of 9,800 people 116 kilometres south of Prince George, Justice Bruce Greyell said that was not enough to contravene legislation against dealing at or near a public school.

The conclusion was reached in the case of Chad William Dickey, who was arrested in April 2013 after he was caught trying to sell $100 worth of cocaine to an undercover RCMP officer.

Dickey had responded to a call on his cellphone from the officer, who suggested they meet at the school.

According to testimony heard by the court, it had not been used as a school for a number of years, possibly not since 2002.

It was also noted that the majority of the school building was disused and boarded up.

The court also heard five children between the ages of five were participating in a gymnastics club class at the time of the offence.

But Greyell found the club's use was limited to about 11 to 13 hours per week.

"I find the use of the gym was sporadic in nature and was generally governed by a programming schedule produced by the club," Greyell said in a reasons for decision issued Feb. 12. "I find that it was not a place young persons habitually haunt or hang out at."

Greyell added that even if he is wrong, the imposition of a mandatory minimum sentence of two years in prison for selling drugs near a public place frequented by young people is "cruel and unusual punishment" under the Charter of Rights and Freedoms in part because there is no evidence the "conditions and programs" to deal with Dickey's drug addiction while behind bars are available.

Crown prosecution had been seeking a sentence of two years and four months in prison and defence counsel is arguing six to 12 months is more appropriate.

The sides were given leave to consider their next steps in the case.