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 All minimums repealed by S.C. 2022, c. 15 (Bill C-5).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
- April 5, 202418 months (540 days) imprisonment, deemed served by 695 days of pre-sentence credit; 1 day consecutive on simple possession; no probation
- March 22, 202438 months in jail on each of three counts, concurrent: 38 months total
- March 4, 202415 years' imprisonment globally (aggregate 17 years reduced for totality); lifetime s. 109 firearms prohibition, DNA and forfeiture orders
- February 23, 2024Two years plus one day in a federal penitentiary
- February 23, 20242 years imprisonment
- February 23, 20244 years imprisonment (concurrent terms on all counts)
- February 5, 20243 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
- January 25, 2024R. v. Mombourquette, 2024 NSPC 14
- 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 - January 10, 20248 years imprisonment, credit for 1 day served
- December 21, 2023R. v. M.A.N., 2023 BCSC 2310
- 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 - December 14, 2023R. v. Smith, 2023 BCSC 2308
- 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) - December 8, 20234 years imprisonment (joint submission)
- November 23, 202314 months' imprisonment plus 45 days consecutive, then 12 months' probation
- November 17, 20236 years custody (concurrent on all counts), less credit of 3 years, 11 months and 15 days for pre-sentence custody
- October 30, 20234.5 years imprisonment (concurrent on all counts), less 303 days credit; 10-year firearms ban
- October 23, 2023Two years plus one day in custody, concurrent on all four counts, no pre-sentence credit
- October 19, 2023R. v. Campbell, 2023 BCSC 2015
- On release at the time
Global sentence of three and a half years (1,277 days), less 90 days credit, leaving 1,187 days - October 18, 20236 months' incarceration less 110 days' remand credit (70 days left to serve), then 18 months probation
- September 29, 20234 years imprisonment on each of 2 counts, concurrent
- September 8, 2023R. v. C.M.R.T., 2023 BCSC 1810
- 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 - August 10, 202318 months imprisonment (547 days), less 48 days credit for pre-sentence custody, then 12 months probation; 6 months concurrent on Count 2
- July 20, 2023R. v. Maki, 2023 BCSC 2470
- Below the Crown's ask
Two years less a day conditional sentence (stated as 730 days), then 3 years probation - June 30, 2023R. v. Brodek, 2023 BCSC 1562
- Below the Crown's ask
10 years global (15 years of individual sentences reduced for totality), less 614 days' pre-sentence credit - May 30, 2023Five years imprisonment on each count, concurrent; lifetime s. 109 firearms ban, DNA order, forfeiture
- May 8, 2023R. v. Smith, 2023 NSPC 17
- Below the Crown's ask
Two years less a day conditional sentence (12 months house arrest, then 12 months curfew), all counts concurrent
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