A Yellowknife man convicted of importing and trafficking a form of fentanyl is seeking release from jail over health concerns related to COVID-19.

Darcy Oake, 25, is currently incarcerated at YellowknifeSA国际影视传媒檚 North Slave Correctional Complex (NSCC), the territorySA国际影视传媒檚 largest jail.

Justice Shannon Smallwood found him guilty after a trial last month of importing furanylfentanyl, a designer derivative of the powerful opioid, along with three other offences: possessing the drug for the purpose of trafficking, trafficking furanylfentanyl SA国际影视传媒� a charge he pleaded guilty to SA国际影视传媒� and criminal negligence causing bodily harm.

Criminal negligence causing bodily harm is a charge rarely seen in drug cases.

In November 2016, OakeSA国际影视传媒檚 then-friend was hospitalized after consuming a dose of furanylfentanyl Oake gave her after ordering it online from Hong Kong over the SA国际影视传媒渄ark web."

He used Bitcoin to purchase the drug through a clandestine online shop that advertised a long list of illicit drugs.

On Tuesday, OakeSA国际影视传媒檚 lawyer Peter Harte asked Smallwood to release his client on bail.

The request is hinged on HarteSA国际影视传媒檚 contention that if Covid-19 makes its way into NSCC, Oake would be put at risk SA国际影视传媒� he has asthma, and like other people with underlying health issues, he stands to be more susceptible to the novel coronavirus should it make its way into the facility.

Oake testified during the bail hearing.

He said physical distancing SA国际影视传媒� something people across the globe have been encouraged, and ordered, to do SA国际影视传媒� simply isnSA国际影视传媒檛 a reality in jail. Inmates canSA国际影视传媒檛 always be two metres apart from one another, and, on top of that, some prisoners arenSA国际影视传媒檛 following Covid-19 guidelines mandated by the jailsSA国际影视传媒� top brass, he said.

NSCC warden John Nahanni also testified Tuesday, outlining the steps the facility has taken to protect both staff and inmates while confronting Covid-19 and its potential spread at the jail.

In a written application, Harte stated, "the presence of Covid-19 in the NWT poses a significant risk of death to individuals who are incarcerated."

Inmates applying for bail usually haven't been convicted of a crime, unlike Oake, but Harte, in his statement, said his client doesn't pose a threat to the public and his need to attend later court dates doesn't depend on his detention.

Harte is asking Smallwood to release Oake on strict conditions SA国际影视传媒� house arrest under the eye of a surety, with orders not to possess or consume any drugs, including alcohol, along with a host of other stipulations.

Harte later told SA国际影视传媒 that the jail is taking some SA国际影视传媒渋ncredible stepsSA国际影视传媒� to halt the spread of the virus. But the risks remains, especially for inmates like Oake, who have pre-existing medical issues, he said.

"All I want to do is get him to a safer accommodation," said Harte.

Some NWT inmates released during Covid-19 pandemic

The Department of Justice moved to grant temporary absences for some low-risk inmates with one month left to serve in NWT jails late last month.

Harte said he understands that four inmates have since been released from NSCC. Seven inmates in total across the territory - there are two other jails located in Fort Smith and Hay River - have been granted temporary absences, he said.

ItSA国际影视传媒檚 unclear where the other three releases occurred.

SA国际影视传媒 asked the justice department for an update on the number and location of temporary releases on Monday, with no answer as of Wednesday.

OakeSA国际影视传媒檚 release bid is the latest in a string of several failed attempts to be freed on bail.

Following his arrest in November 2016, Oake sought bail in July 2018. He was denied.
Another bail application was shot down in December of the same year.

The denials were rooted in the fact the Oake was re-arrested after being granted bail shortly after his initial arrest. He was found with drugs and sent back to jail.

Following OakeSA国际影视传媒檚 conviction last month, Harte filed an application on his clientSA国际影视传媒檚 behalf, asking for the charges to be stayed because too much time had passed between OakeSA国际影视传媒檚 charges and his trial. Inmates in Canada are afforded the right to speedy trials SA国际影视传媒� long stays in jail without convictions could be deemed unconstitutional.

That application has since been dropped by the defence.

Smallwood is expected to make a decision on OakeSA国际影视传媒檚 bail Friday afternoon.

Oake is set to be sentenced at a later date.