Twenty-one-year-old Yukoner Taylor Duke was handed a 21-month sentence in territorial court last week after pleading guilty to a drug-trafficking scheme involving Whitehorse Correctional Centre (WCC), possessing hydromorphone (an opioid painkiller) for trafficking purposes and skipping an earlier court date.
Considering time served in pre-trial custody, Duke will spend another seven-and-a-half months behind bars for the above-mentioned crimes. At the time of sentencing on March 14, Duke had spent 270 actual days in pre-trial custody, which equates to 405 days—or 13 and a half months—with credit.
During the sentencing hearing, Crown and defence lawyers advanced a joint sentencing submission, asking the presiding judge, John Phelps, to sentence Duke to 18 months behind bars for conspiring to traffic cocaine into Whitehorse’s jail and six months for possessing hydromorphone for the purpose of trafficking. It was suggested that the two sentences be served concurrently.
Mitigating sentencing factors highlighted by both the Crown and defence included Duke’s guilty plea on the charges, the fact that he is a “youthful man” and Gladue factors—namely intergenerational trauma he has experienced as a citizen of the Carcross/Tagish First Nation.
Duke’s attorney additionally noted that her client had undergone a six-week treatment program at WCC and is seeing a counsellor.
Aggravating sentencing factors listed by the Crown lawyer were the impact that trafficking drugs into WCC could have on inmates and staff there and the fact Duke employed threats of violence to advance his operation.
The Crown and defence disagreed regarding the best sentence for Duke’s failure-to-appear charge, which resulted from Duke’s no-show on a March 23, 2023, court date.
The Crown lawyer requested 90 days incarceration, citing the impact Duke’s failure to appear in court had on the Crown’s ability to call witnesses for trial. Meanwhile, Duke’s defence asked for 60 days, citing the “difficult” conditions he’s experienced while incarcerated, including periods of isolation.
Duke was initially arrested on June 1, 2022, as a part of an RCMP operation dubbed “Project Monterey,” which also saw seven other individuals arrested and charged with various crimes.
Before issuing his sentence, Phelps recapped the facts of the case. He said that, in November 2021, the RCMP began investigating the sale of drugs in WCC.
Through their investigation, police accessed recordings of hundreds of calls made from inside the correctional centre. On some of the calls, Duke was heard discussing his provision of cocaine to people who could smuggle it into WCC. He also spoke about trafficking cocaine more widely in Whitehorse and about using violence to ensure the compliance of other people participating in his schemes and to collect debts.
Phelps noted the RCMP found no evidence that Duke had committed violent acts.
As part of their investigation, police raided a Whitehorse residence connected with Duke. They found 388 hydromorphone pills, more than 1,000 pills of a benzodiazepine drug, a digital scale and thousands of dollars in Canadian currency. Phelps noted in his statement that Duke had admitted the hydromorphone pills were his and that they were for personal use, although a portion was reserved for trafficking to friends.
In issuing his sentence, Phelps indicated his displeasure with the joint sentencing submission. He told the courtroom, “I confess I have difficulty with the joint submission. I think it is exceeding generous to Mr. Duke.”
Phelps ultimately accepted the joint submission, noting legal precedents that compel judges to accept sentences jointly advanced by Crown and defence lawyers.
Phelps handed Duke concurrent sentences of 18 months behind bars for conspiring to traffic cocaine and six months for the possession of hydromorphone for trafficking—less time served. On the failure-to-appear charge, Duke was handed 90 days of incarceration.
As part of the sentence, Duke forfeits all items seized during the investigation and is also subject to a decade-long firearms ban and a lifetime ban on restricted and prohibited weapons.
Duke is still facing a myriad of other charges that are before the court, including an attempted murder charge filed last summer. On March 7 of this year, he was hit with new charges following a major drug bust in Dawson City, including participating in activities for a criminal organization and conspiracy to traffic cocaine and fentanyl.
Contact Matthew Bossons at matthew.bossons@yukon-news.com