CDSA, section 5(2)
Possession of a Schedule I or II substance for the purpose of trafficking
What the law says
- Maximum
- Life imprisonment
- Mandatory minimum
- No mandatory minimum
- Kind of offence
- Drug
Indictable only for Schedule I and II; same penalty as trafficking (s.5(3)(a)). All minimums repealed by S.C. 2022, c. 15 (Bill C-5).
113 cases with this offence
- September 18, 20263 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
- September 11, 20265 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
- August 27, 2026R. v. Marshall, 2026 BCSC 1686
- Below the Crown's ask
Six years imprisonment (concurrent on all counts), less 537 days credit for pre-trial custody - August 25, 20262 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation
- August 21, 2026R. v. Taylor, 2026 BCSC 1698
- Below the Crown's ask
- On release at the time
7 years in custody (4 years and 3 years concurrent for 2023 offences, 3 years consecutive for 2024 offence), less 6 days' credit - August 5, 2026R. v. Cancela, 2026 BCSC 1627
- Below the Crown's ask
- On release at the time
Two years less a day conditional sentence, then two years probation - July 31, 2026R. v. Braun, 2026 BCSC 1488
- Below the Crown's ask
30 months in custody (6 months concurrent on the drug count) - July 17, 2026R. v. Dubois, 2026 BCSC 1377
- Below the Crown's ask
- On release at the time
3 years in penitentiary on each count, concurrent, less 19 days credit - July 8, 20262 years less a day conditional sentence (house arrest), less 16 days credit; 3 months concurrent on the marihuana count
- April 24, 2026R. v. O'Connor, 2026 BCSC 1019
- Below the Crown's ask
- No jail for a violent offence
2 years less a day conditional sentence (house arrest with electronic monitoring), then 3 years probation - April 8, 202612 months jail (12, 12 and 6 months concurrent on three counts)
- March 6, 20262 years less a day conditional sentence, then 1 year probation
- February 18, 2026Two years less a day in custody (concurrent on both counts), less 105 days' credit, then 12 months probation
- February 10, 202621 months conditional (12 months house arrest, then curfew), then 2 years probation
- January 30, 2026R. v. Majedi, 2026 BCSC 343
- Below the Crown's ask
- On release at the time
2 years less a day conditional sentence (curfew and mobility restriction), then 3 years probation - January 30, 20268 years imprisonment (3 years on manufacturing a restricted firearm, consecutive to concurrent 4 and 5 years on two drug counts)
- January 30, 20265 years imprisonment (concurrent on all counts), 56 days pre-sentence credit applied to the cocaine count
- December 18, 2025Two years less a day conditional sentence (18 months house arrest, then curfew), then 3 years probation
- December 11, 2025R. v. Alexander, 2025 BCSC 2596
- Below the Crown's ask
- On release at the time
30 months in custody, consecutive to the sentence already being served - December 8, 2025R. v. Sohi, 2025 BCSC 2484
- Below the Crown's ask
4 years global: 4 years for possession for the purpose of trafficking, with concurrent firearms sentences of 2 to 3 years - December 4, 202518-month conditional sentence order
- November 3, 202520 months conditional sentence (12 months house arrest, then curfew), less 3 days credit
- October 17, 2025R. v. Kovacs, 2025 BCSC 2190
- Below the Crown's ask
1,800 days' imprisonment (36 months on drug counts plus 24 months consecutive on firearm counts), less 384 days' credit; 1,416 days remaining - September 24, 20254 years' imprisonment (fentanyl), with 2.5 years concurrent (cocaine)
- September 24, 20252 years' imprisonment
Judges who sentenced this offence
- The Honourable Justice Steven Wilson
- The Honourable Justice Alan M. Ross
- The Honourable Justice Gary P. Weatherill
- The Honourable Justice Robin A. M. Baird
- The Honourable Justice Briana Hardwick
- The Honourable Justice Martha M. Devlin
- The Honourable Justice Sharon Matthews
- The Honourable Justice Anthony Saunders
- The Honourable Justice Baljinder Kaur Girn
- The Honourable Justice Barbara J. Norell
- The Honourable Judge Del W. Atwood
- The Honourable Justice Heather MacNaughton
- The Honourable Justice Ian Caldwell
- The Honourable Justice Jacqueline D. Hughes
- The Honourable Justice John J. Steeves
- The Honourable Justice Joshua M. Arnold
- The Honourable Justice Lindsay M. Lyster
- The Honourable Justice Lindsay R. LeBlanc
- The Honourable Justice Peter P. Rosinski
- The Honourable Justice Richard Hewson
- The Honourable Justice Shelley C. Fitzpatrick
- The Honourable Justice Sheri A. Donegan
- The Honourable Justice Warren B. Milman
- The Honourable Justice Y. Liliane Bantourakis
- The Honourable Justice Andrew Majawa
- The Honourable Justice Andrew P. A. Mayer
- The Honourable Justice Ardith Walkem
- The Honourable Justice Barbara M. Young
- The Honourable Justice Bradford F. Smith
- The Honourable Judge Bronwyn Duffy