NWT sentencing sheds light on Fort Simpson drug trafficking

A recent sentencing sheds light on an alleged drug trafficking operation in Fort Simpson and how some NWT residents may get involved in criminal activity.

Dale Moses, 48, pleaded guilty to trafficking cocaine and possessing more than $5,000 obtained by crime.

In February, Justice Louise Charbonneau gave Moses a conditional sentence of two years less a day for the charges followed by 18 months’ probation.

According to an agreed statement of facts in the case, RCMP began investigating after an inmate at the North Slave Correctional Complex was recorded making phone calls to Isaac Ssali in December 2023 that appeared to be related to drug trafficking.

Police began intercepting calls and texts between Ssali – an Alberta resident – and four residents in Fort Simpson, including Moses. During those communications, Ssali allegedly gave the group instructions on trafficking drugs in the community.

Through those calls, RCMP learned Moses was set to meet Ssali in Edmonton to deliver the proceeds from drug sales in the NWT.

Police set up surveillance at the meeting location outside the Fantasyland Hotel on December 22, 2023.

Following the meeting, police arrested Ssali and two other people in a vehicle. Officers seized $5,000 from a plastic shopping bag, a cell phone, $705 from Ssali, $1,220 from one of the passengers, and a bag containing one gram of cocaine.

RCMP also raided a home in Fort Simpson where they found digital scales, elastic bands, baggies and a cell phone.

Based on the average price for crack cocaine in the NWT and powder cocaine in Edmonton, as well as evidence seized by RCMP, the agreed facts state an estimated four to six ounces of cocaine was supplied to the group in Fort Simpson.

‘Critical turning point’

According to a pre-sentencing report in Moses’ case, a “critical turning point” that led to his involvement in drug trafficking was when his casual use of crack cocaine transitioned to severe dependency.

The report states Moses arranged his life around drug use, selling drugs and committing property crimes to support an addiction that significantly disrupted his relationships, employment and overall wellbeing.

Defence lawyer Alexander Bernard told the court Moses did not receive any money for his involvement in drug trafficking, but did receive three grams of crack cocaine.

He said when Moses was asked to bring drugs from Edmonton back to the NWT, he refused.

Moses expressed deep remorse and shame for his offences.

He said he wants to participate in counselling and treatment and believes he needs community support to address his addiction issues.

Moses particularly highlighted the need to address traumatic experiences. The report states Moses, who is Dene, attended residential school and his childhood was “marked by significant adversities” including family violence, alcohol use and abandonment.

An ‘exceptional’ sentence

Moses’ lawyer Bernard and Crown prosecutor Rodney Gregory had jointly recommended that Moses be given a conditional sentence and probation.

A conditional sentence, sometimes known as house arrest, is a type of sentence served in the community under conditions rather than in jail.

In accepting the joint submission, Justice Charbonneau said it was an “exceptional sentence” for this type of crime, which would usually result in significant jail time.

“Sending someone to jail is never pleasant but judges often have to do it in cases where they know the person being sentenced was not the one making the money, was not the one at the head of the operation,” she said.

“Unfortunately, there are many who, like Mr Moses, get addicted and become desperate, and eventually see no other option than to assist with the very same activity that was destroying his own life. And the reality is that by doing so, they contribute to destroying the lives of many others.”

Charbonneau said courts cannot solve the complex personal and social problems at the root of addictions. She noted, however, there are people – some who never even set foot in the NWT – who are “making an enormous amount of money at the expense of our most vulnerable citizens” and depend on people in the territory to traffic drugs.

Charbonneau concluded that, while “extremely lenient,” she did not believe a conditional sentence was unreasonable and contrary to the public interest in this case, the threshold set by a Supreme Court of Canada ruling for judges to reject joint sentencing submissions.

She said the sentence in this case should not be used in future cases to “suggest that conditional sentences should be routinely available in cases of trafficking in hard drugs in a small community.”

One thing that makes Moses’ case different, Charbonneau said, is that he has taken steps to “meaningfully change the course of his life since he was charged,” including removing himself from negative influences and building a house in another community.

She added he has “true insight” into his behaviour, has strong family support, has been able to maintain regular employment, and his criminal history is very dated and unrelated to drug trafficking.

“I hope this is truly a turning point for you,” she told Moses in sentencing him.

“I hope that you are able to persevere in your efforts to stay out of that world and be an ambassador for a healthy lifestyle for others.”

Co-accused set to face trial

Co-accused Ssali, Loren Ducharme, Phillip Denethlon and Alison Sanguez are set to face trial in Yellowknife starting November 9.

They each face charges of conspiring to commit cocaine trafficking, possessing cocaine for the purpose of cocaine trafficking, trafficking cocaine, and possessing more than $5,000 in cash obtained by crime.

Ssali is facing an additional charge of uttering a threat by phone to cause bodily harm to Denethlon.

Defence lawyers are seeking to have some phone records thrown out as evidence in the case. They plan to challenge sections of the NWT’s Corrections Act that allow authorities to monitor, intercept or disclose inmate communications without prior judicial authorization, arguing they violate the Charter right against unreasonable search and seizure.