A Langley man will serve a five-year prison sentence after British Columbia’s top court overturned a previous house arrest ruling. Kyle Robert Bird, 38, was convicted of possession for the purpose of trafficking nearly $250,000 worth of ecstasy and fentanyl. The Crown successfully appealed a provincial court's decision that had sentenced Bird to just under two years of house arrest and three years of probation.

Justice Joyce DeWitt-Van Oos stated in the Appeal Court's recent decision that the original sentence was “demonstrably unfit.” She emphasized the serious risks associated with fentanyl, including accidental overdoses, and noted that a non-penitentiary sentence was disproportionate to the severity of Bird's offenses. The court found that a sentence of less than two years was inadequate given the gravity of the crimes and Bird's moral culpability.

During the initial sentencing, the Crown had sought an eight-year prison term. However, the trial judge opted for house arrest, citing Bird's personal circumstances. The Appeal Court panel disagreed, stating, “two years less one day, even when coupled with lengthy probation, is logically irreconcilable with the judge’s findings of fact surrounding Mr. Bird’s offences.”

Bird was arrested in April 2019 after police received a tip about his drug dealing activities. A search of his home revealed a significant quantity of drugs, including 8.68 kilograms of MDMA and 834 fentanyl pills. The drugs were found in various locations, including a locked safe. An expert witness indicated that the amounts were consistent with wholesale trafficking.

Bird, a self-employed ironworker and welder, had reported using recreational drugs at the time of his offenses. Letters of reference described him as a caring father and hard worker. However, the trial judge noted that Bird showed no remorse or insight into his actions, claiming he was merely holding the drugs for someone else.

The trial judge characterized Bird as a mid-level dealer motivated by profit. She acknowledged that Bird had lost his vehicle to civil forfeiture as a consequence of his actions. Despite recognizing Bird's lack of prior criminal history and his compliance with the law since his arrest, the judge ultimately decided on a lenient sentence.

The Appeal Court highlighted the ongoing fentanyl crisis in British Columbia, noting that over 14,582 people had died from toxic drug use in the past eight years. Fentanyl is identified as the primary driver of these deaths. The court underscored the need for a substantial prison term to reflect the principles of denunciation and deterrence in drug trafficking cases.

The decision also referenced the extreme potency of fentanyl, which is estimated to be 80-100 times more potent than morphine. The court reiterated that the risks associated with fentanyl use are significantly higher than those of other opioids, with lethal doses often being as small as two milligrams.