The sentencing of a Burnaby man charged with drug and weapons offences after a two-year police investigation into an “organized crime, drug trafficking organization” will be delayed another five months because two court reports ordered in December somehow didn’t get started.
Matthew Borden, 34, and his stepfather John Canning were charged after an investigation launched by the Combined Forces Special Enforcement Unit in April 2019.
The probe had led the anti-gang agency to two homes – Borden’s Victory Street condo in Burnaby and Canning’s Surrey home – where search warrants turned up a loaded, untraceable semi-automatic handgun, an automatic AR-15-style rifle, 200 rounds of ammunition, 2.25 kilograms of cocaine, 700 grams of heroin, 5.5 kilograms of phenacetin (a common cutting agent), more than $100,000 in cash, jewelry and three vehicles, according to a police news release at the time.
The two men were charged in March 2021, and Borden pleaded guilty on Dec. 15, 2021 to one count each of possession for the purpose of trafficking and possession of a prohibited or restricted firearm.
In a separate case, Borden had also been charged with criminally harassing and choking his wife, publishing an intimate image without consent and numerous bail breaches.
At his Dec. 15, 2021 hearing, he pleaded guilty to the charge of publishing an intimate image without consent and one bail breach.
During that hearing, the court ordered two reports, a Gladue report (a type of pre-sentencing and bail-hearing report Canadian courts can request when considering sentencing an offender of Aboriginal background) and an impact of race and culture assessment.
At a sentencing hearing Wednesday, however, the court heard that “no steps had been taken” toward completing the reports.
“It’s very unfortunate. We’re not quite sure what happened,” Crown prosecutor Violet Allard told the court.
Allard said inquiries into the matter revealed it would now take four more months to complete the reports.
“From my own perspective as provincial Crown, it’s very unfortunate because it’s really impacting the victim … she was looking forward to a resolution,” Allard said. "But there’s nothing that can be done. We just don’t have the reports that Mr. Borden thinks he needs to be prepared for sentence.”
B.C. provincial court judge Donna Senniw adjourned the sentencing to Jan. 4, 2023 and encouraged “all counsel make sure to follow up on the reports.”
Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com
