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 All minimums repealed by S.C. 2022, c. 15 (Bill C-5).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 16, 2025R. v. Alexander, 2025 BCSC 1829
- Below the Crown's ask
Five years and six months, less 627 days credit for pre-trial custody - August 14, 2025R. v. Dupray, 2025 BCSC 1681
- Below the Crown's ask
Two years less a day conditional sentence (house arrest, first 12 months electronically monitored), then 3 years probation - August 5, 2025R. v. Draves, 2025 BCSC 1672
- On release at the time
10 years' imprisonment (global, after totality), less 867 days' credit for time served - August 1, 20256 years in custody, less 1,212 days credit (978 days remaining)
- July 17, 2025Suspended sentence with 1 year probation, after about 46 months of pre-sentence credit; 10-year firearms prohibition
- June 17, 202511 years global (concurrent 11 and 7 years), less 683 days' credit; lifetime weapons prohibition
- May 9, 2025Two years less a day conditional sentence (721 days after 8 days credit), then 15 months probation
- April 22, 202530 months in custody, concurrent on all three counts
- April 10, 2025R. v. Carvery, 2025 NSSC 133
- Below the Crown's ask
- On release at the time
2 years' imprisonment, then 2 years' probation - April 7, 20253 years and 8 months in prison (1,338 days), less 173 days' credit for pre-sentence custody
- March 28, 202519.5 months (585 days) custody, consecutive to the sentence already being served
- February 21, 2025R. v. Chaisson, 2025 NSSC 101
- Below the Crown's ask
1,357 days in custody, less 627 days' credit for pre-sentence custody (730 days remaining), then 24 months probation - February 19, 2025Six years (2190 days) custody, less 576 days credit; 1614 days left to serve
- February 14, 2025R. v. White, 2025 NSSC 54
- Below the Crown's ask
- On release at the time
2 years less a day conditional sentence, then 2 years probation - February 7, 202515 months imprisonment, no probation
- January 27, 2025R. v. Gill, 2025 BCSC 288
- On release at the time
8 years in custody (global, concurrent counts) - January 20, 20252 years jail, then 3 years probation; separate $2,308.40 fine on the Excise Act charge
- December 18, 202454 months in custody (30 months and a consecutive 24 months), less one month credit for pre-sentence custody
- December 6, 2024Five years' imprisonment in total (18 months, plus 42 months consecutive), less 1,135 days' credit for pre-sentence custody
- September 27, 202420 months in custody, less 102 days credit for pre-sentence custody
- August 2, 2024R. v. Cooke, 2024 BCSC 1481
- Below the Crown's ask
10 months in custody, then 12 months probation - July 18, 202412 years in custody (global, concurrent sentences)
- June 21, 202422 months in custody
- May 9, 20244.5 years (1,640 days) less 689 days pre-sentence credit, 951 days remaining; concurrent terms on the other counts
- April 5, 202418 months (540 days) imprisonment, deemed served by 695 days of pre-sentence credit; 1 day consecutive on simple possession; no probation
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