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 All minimums repealed by S.C. 2022, c. 15 (Bill C-5).
115 cases with this offence
- March 23, 20224 ½ years for possession of cocaine for trafficking, 6 months concurrent for possession of proceeds, 1 day served for breach of undertaking
- March 17, 2022R. v. Cox, 2022 NSSC 95
- Below the Crown's ask
- On release at the time
6 years and 6 months' imprisonment (federal), less 129 days' pre-sentence credit - March 9, 202220 months conditional sentence, then 24 months probation
- February 22, 202210 years' imprisonment on each of two counts, concurrent, less credit for time served
- January 20, 202218-month conditional sentence, concurrent on all three counts; lifetime s. 109 prohibition; forfeiture
- November 16, 2021Global sentence of 72 months (six years) jail, less 21 months credit for time served, leaving 51 months
- November 12, 202130 months imprisonment, less 135 days credit
- October 25, 20212 years plus one day imprisonment (concurrent 9 months on each cocaine count)
- August 24, 202118 months' imprisonment, then 12 months' probation
- August 17, 2021Four years' imprisonment, less 581 days' credit for pre-sentence custody (879 days remaining)
- August 16, 202190 days intermittent custody, then 30 months probation
- August 3, 2021Four years' imprisonment on each fentanyl count and two years on each other count, all concurrent
- July 27, 20212 years less a day conditional sentence, then 1 year probation
- July 2, 202142 months (fentanyl count) with 15 months concurrent (methamphetamine count), consecutive to the sentence already being served
- June 11, 2021Four years' imprisonment (one year concurrent on the firearm count), less about 28 months' credit for pre-sentence custody, leaving 20 months
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 James W. Williams
- 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