A federal prosecutor is calling for a prison term for a 68-year-old local man recently convicted of trafficking fentanyl.
Joseph Pauze should be sentenced to four years in a federal penitentiary, Ben Pritchard argued Monday.
At his age, rehabilitation isn't possible, the Crown told Superior Court Justice Michael Varpio.
Pointing to Pauze's lengthy 50-year criminal record, Pritchard noted it began one month after his 18th birthday and continued to the day he was convicted of these offences.
Varpio found him guilty of possession of two narcotics — fentanyl and crystal methamphetamine — for the purpose of trafficking in September.
Pauze was found with 12.7 grams of green fentanyl, 7.5 grams of purple fentanyl and two grams of crystal meth when police pulled him over for rolling through a stop sign on Oct. 5, 2021.
His record includes three previous convictions of possession for the purpose of trafficking, as well as a significant one for production of drugs in 2012, Pritchard said.
It also has a "host of other offences," including a weapons conviction 12 years ago where he was sentenced to three months in jail.
The prosecutor cited a number of aggravating factors, including the nature of fentanyl and the quantity Pauze had (approximately 20 grams of powdered fentanyl).
Sault Ste. Marie is suffering an opioid crisis and it's one of the worst in the province, he said.
"The public is well aware of the extent of the crisis and the cost of it."
Denunciation is the primary purpose in this sentencing and four years is the range, he suggested, adding "'three years is rock bottom for this matter."
Defence lawyer Ken Walker asked the judge to impose a conditional sentence of two years less a day, which his client would serve in the community.
Pauze had a leg amputated last year and is still recuperating.
"He keeps going back and more is taken off. He's in pain and there are times he's immobilized," Walker said.
"He's concerned about custody. He can't face custody like someone of 25 years of age."
The defence pointed out "there is a significant gap which stands out like a sore thumb between 2012 and 2022" in Pauze's record.
This indicates "earlier rehabilitation of some sort was successful."
Walker said the court can impose a house arrest sentence for this particular offender and his circumstances.
"You're not handcuffed," he told Varpio. "You are free to impose a conditional sentence."
When the judge asked if he wanted to say anything, Pauze struggled to stand up and nearly fell over.
"My life has changed quite a bit since I got my leg cut off," he said. "I have 24 hours of pain."
Pauze will return to court on Oct. 30, at which time a date will be set for Varpio to impose a sentence.