CDSA, section 5(1)
Trafficking in a Schedule I or II substance
What the law says
- Maximum
- Life imprisonment
- Mandatory minimum
- No mandatory minimum
- Kind of offence
- Drug
Indictable only for Schedule I and II. All minimums (including the 1-year minimum struck down in R. v. Lloyd, 2016 SCC 13) repealed by S.C. 2022, c. 15 (Bill C-5).
16 cases with this offence
- January 15, 20263 years' jail
- April 7, 20253 years and 8 months in prison (1,338 days), less 173 days' credit for pre-sentence custody
- February 19, 2025Six years (2190 days) custody, less 576 days credit; 1614 days left to serve
- February 18, 20259 years in custody on each count, concurrent
- January 27, 2025R. v. Gill, 2025 BCSC 288
- On release at the time
8 years in custody (global, concurrent counts) - July 18, 202412 years in custody (global, concurrent sentences)
- April 5, 202411 years in the penitentiary (nine years and two years consecutive)
- March 4, 202415 years' imprisonment globally (aggregate 17 years reduced for totality); lifetime s. 109 firearms prohibition, DNA and forfeiture orders
- 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 - 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 - December 12, 202218 months (fentanyl) concurrent with 6 months (cocaine), less 195 days credit; 345 days remaining
- September 28, 2022R. v. Kazakoff, 2022 BCSC 1972
- Below the Crown's ask
18 months imprisonment (6 months concurrent on each trafficking count, 30 days concurrent on ammunition count); DNA, lifetime s. 109 prohibition - May 18, 20222 years plus 1 day (joint submission)
- April 8, 202218 months imprisonment less 122 days pre-sentence credit; s. 109 prohibition, DNA, forfeiture
- February 23, 2022Suspended sentence with 36 months probation
- October 25, 20212 years plus one day imprisonment (concurrent 9 months on each cocaine count)
Judges who sentenced this offence
- The Honourable Justice Baljinder Kaur Girn
- The Honourable Justice Christopher J. Giaschi
- The Honourable Justice E. David Crossin
- The Honourable Judge Elizabeth A. Buckle
- The Honourable Justice H. William Veenstra
- The Honourable Justice Jasmin Z. Ahmad
- The Honourable Justice John Walker
- The Honourable Justice Kenneth W. Ball
- The Honourable Justice Peter H. Edelmann
- The Honourable Justice Robin A. M. Baird
- The Honourable Judge Rosalind Michie
- The Honourable Justice Sharon Matthews
- The Honourable Justice Sheri A. Donegan
- The Honourable Justice Steven Wilson
- The Honourable Justice Tina L. Dion
- The Honourable Justice W. Paul Riley