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 All minimums repealed by S.C. 2022, c. 15 (Bill C-5).

Read the statute on the Justice Laws website

115 cases with this offence

  1. April 5, 2024
    R. v. B.E.D., 2024 BCSC 1886Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking, Vernon. Justice Alan M. Ross
    18 months (540 days) imprisonment, deemed served by 695 days of pre-sentence credit; 1 day consecutive on simple possession; no probation
  2. March 22, 2024
    R. v. Cade, Ceal, and Whaling, 2024 BCSC 456Possession of a Schedule I or II substance for the purpose of trafficking, Prince George. Justice David A. Crerar
    38 months in jail on each of three counts, concurrent: 38 months total
  3. March 4, 2024
    R. v. Pham, 2024 BCSC 467Unauthorized possession of a firearm; Possession of a loaded prohibited or restricted firearm; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Nanaimo. Justice Robin A. M. Baird
    15 years' imprisonment globally (aggregate 17 years reduced for totality); lifetime s. 109 firearms prohibition, DNA and forfeiture orders
  4. February 23, 2024
    R. v. Carlson, 2024 BCSC 496Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice Robin A. M. Baird
    Two years plus one day in a federal penitentiary
  5. February 23, 2024
    R. v. Gordon-Filatoff, 2024 BCSC 404Possession of a Schedule I or II substance for the purpose of trafficking, Kamloops. Justice Bradford F. Smith
    2 years imprisonment
  6. February 23, 2024
    R. v. Hollaman, 2024 BCSC 385Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a prohibited or restricted weapon or prohibited device knowing possession is unauthorized, Kelowna. Justice Steven Wilson
    4 years imprisonment (concurrent terms on all counts)
  7. February 5, 2024
    R. v. Permes, 2024 BCSC 397Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Kelowna. Justice Shelley C. Fitzpatrick
    3 years' imprisonment (2.5 years on the PPT counts plus 6 months consecutive for the crossbow), less 101 days' credit; lifetime s. 109 prohibition and forfeiture
  8. January 25, 2024
    R. v. Mombourquette, 2024 NSPC 14Possession of a loaded prohibited or restricted firearm; Possession of property obtained by crime over $5,000; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking, Halifax. Judge Elizabeth A. Buckle
    • Below the Crown's ask
    Three and a half years in custody (2.5 years cocaine trafficking plus 1 year consecutive for the firearm), less 9 days credit
  9. January 10, 2024
    R. v. Dinh, 2024 BCSC 109Possession of a Schedule I or II substance for the purpose of trafficking, Langley. Justice Gary P. Weatherill
    8 years imprisonment, credit for 1 day served
  10. December 21, 2023
    R. v. M.A.N., 2023 BCSC 2310Human trafficking of a person under 18; Possession of a Schedule I or II substance for the purpose of trafficking, Vancouver. Justice Shelley C. Fitzpatrick
    • On release at the time
    7 years 4 months in custody (6 years for human trafficking of a minor, consecutive to 16 months for drug trafficking), less 1.5:1 credit for pre-sentence custody
  11. December 14, 2023
    R. v. Smith, 2023 BCSC 2308Assaulting a peace officer with a weapon or causing bodily harm; Flight from a peace officer; Possession of a Schedule I or II substance for the purpose of trafficking, New Westminster. Justice W. Paul Riley
    • On release at the time
    Effective sentence of three years and three months, deemed served by pre-sentence custody (one day jail, time served, on each count)
  12. December 8, 2023
    R. v. J.A.C., 2023 BCSC 2309Possession of a Schedule I or II substance for the purpose of trafficking, Kamloops. Justice Sheri A. Donegan
    4 years imprisonment (joint submission)
  13. November 23, 2023
    R. v. Sunner, 2023 BCSC 2169Failure to stop after an accident; Possession of a Schedule I or II substance for the purpose of trafficking, Langley. Justice Barbara J. Norell
    14 months' imprisonment plus 45 days consecutive, then 12 months' probation
  14. November 17, 2023
    R. v. Kizmann, 2023 BCSC 2168Possession of a Schedule I or II substance for the purpose of trafficking, Chilliwack. Justice Michael G. Thomas
    6 years custody (concurrent on all counts), less credit of 3 years, 11 months and 15 days for pre-sentence custody
  15. October 30, 2023
    R. v. S.T.C., 2023 BCSC 2234Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Powell River. Justice Alan M. Ross
    4.5 years imprisonment (concurrent on all counts), less 303 days credit; 10-year firearms ban
  16. October 23, 2023
    R. v. Karaim, 2023 BCSC 2117Possession of a Schedule I or II substance for the purpose of trafficking; Trafficking or possession for trafficking (Schedule III or V substance), Courtenay. Justice Frits E. Verhoeven
    Two years plus one day in custody, concurrent on all four counts, no pre-sentence credit
  17. October 19, 2023
    R. v. Campbell, 2023 BCSC 2015Possession of a weapon for a dangerous purpose; Possession of a Schedule I or II substance for the purpose of trafficking, Powell River. Justice Ian Caldwell
    • On release at the time
    Global sentence of three and a half years (1,277 days), less 90 days credit, leaving 1,187 days
  18. October 18, 2023
    R. v. Beals, 2023 NSPC 63Possession of a Schedule I or II substance for the purpose of trafficking, Dartmouth. Judge Bronwyn Duffy
    6 months' incarceration less 110 days' remand credit (70 days left to serve), then 18 months probation
  19. September 29, 2023
    R. v. Gowlett, 2023 BCSC 1842Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice Anthony Saunders
    4 years imprisonment on each of 2 counts, concurrent
  20. September 8, 2023
    R. v. C.M.R.T., 2023 BCSC 1810Possession of a loaded prohibited or restricted firearm; Failure to attend court; Possession of a Schedule I or II substance for the purpose of trafficking, Powell River. Justice Alan M. Ross
    • Below the Crown's ask
    36 months' imprisonment (concurrent on the drug and firearm counts) plus 15 days consecutive for failing to attend court, less 225 days' credit
  21. August 10, 2023
    R. v. Trehearne, 2023 BCSC 2179Possession of a Schedule I or II substance for the purpose of trafficking, Vernon. Justice Barbara J. Norell
    18 months imprisonment (547 days), less 48 days credit for pre-sentence custody, then 12 months probation; 6 months concurrent on Count 2
  22. July 20, 2023
    R. v. Maki, 2023 BCSC 2470Possession of a Schedule I or II substance for the purpose of trafficking, Williams Lake. Justice Marguerite H. Church
    • Below the Crown's ask
    Two years less a day conditional sentence (stated as 730 days), then 3 years probation
  23. June 30, 2023
    R. v. Brodek, 2023 BCSC 1562Unauthorized possession of a firearm; Trafficking in a Schedule I or II substance; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order; Unauthorized possession of a prohibited or restricted weapon, Port Alberni. Justice Christopher J. Giaschi
    • Below the Crown's ask
    10 years global (15 years of individual sentences reduced for totality), less 614 days' pre-sentence credit
  24. May 30, 2023
    R. v. Sanchez, 2023 BCSC 1063Possession of a Schedule I or II substance for the purpose of trafficking, Kelowna. Justice Gary P. Weatherill
    Five years imprisonment on each count, concurrent; lifetime s. 109 firearms ban, DNA order, forfeiture
  25. May 8, 2023
    R. v. Smith, 2023 NSPC 17Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of anything for use in producing or trafficking a controlled substance, Kentville. Judge Ronda van der Hoek
    • Below the Crown's ask
    Two years less a day conditional sentence (12 months house arrest, then 12 months curfew), all counts concurrent

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