B.C.’s Appeal Court overturns Surrey house arrest, imposing a five-year prison sentence on fentanyl dealer after ruling initial sentence unfit.
Court Raises Sentence in Surrey Drug Case
The British Columbia Court of Appeal has overturned a Surrey judge’s decision to grant house arrest to a convicted fentanyl dealer, imposing a federal prison term instead. The ruling, released August 29, 2025, found the lower court’s sentence “manifestly disproportionate” to the seriousness of the crimes.
Original Sentence Replaced
In November 2024, Surrey Provincial Court sentenced 37-year-old Kyle Robert Bird to a conditional sentence of two years less a day, followed by three years of probation, for trafficking fentanyl and MDMA. He was placed under house arrest for 18 months with allowances for work. On appeal, Justice Joyce DeWitt-Van Oosten raised the penalty to five years for the fentanyl conviction and four years concurrent for MDMA trafficking.
Appeal Court’s Rationale
DeWitt-Van Oosten ruled the original sentence failed to reflect the principles of deterrence and denunciation. “On its own, a demonstrably unfit sentence allows for appellate intervention,” she wrote. The judge noted Bird’s role as a mid-level dealer motivated by profit and found no extraordinary circumstances that would justify a lenient sentence. Justices Christopher Grauer and Lisa Warren concurred with the decision.
Crown’s Push for Tougher Penalty
The Crown had originally sought an eight-year sentence at trial and later appealed, calling the house arrest “demonstrably unfit” and “out of step” with similar fentanyl cases. Crown prosecutors argued that the scale of drugs involved warranted a substantial prison term.
Evidence Seized
Bird was charged in February 2021 for offences dating back to April 2019. Police discovered nearly 8.7 kilograms of MDMA and 834 fentanyl pills in his possession, along with trafficking tools such as a kilo press, scales, and baggies. The fentanyl pills were disguised as prescription Percocet. Authorities estimated the MDMA had a street value of up to $232,000 and the fentanyl up to $17,380.
Broader Drug Crisis Context
During sentencing submissions, the Crown highlighted a BC Coroners Service report showing 14,582 deaths from toxic drug use between 2016 and 2024, with fentanyl as the leading cause. The Appeal Court stressed that allowing Bird to serve his time in the community understated the risks fentanyl poses to public safety.
Final Outcome
Bird’s house arrest had been suspended pending the appeal, and he served just over two months before being released on bail. With the appeal court’s ruling, he now faces a five-year federal prison term. The court emphasized that a community-based sentence was “markedly disproportionate” to both the gravity of the offence and Bird’s personal responsibility.
