Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm

R. v. Aubie

  • On release at the time

Sentence and the Crown's position

Crown asked5 years and 6 months in custody1
Judge imposedFive and a half years (66 months) global custody, less 19.5 months credit (B.C.) and 2.4 months credit (Saskatchewan); 1341 days remaining1

What the law allows

MaximumLife imprisonment
Crown asked5 years and 6 months in custody
Judge imposed5 years and 6 months in custody
Defence asked5 years and 6 months in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Jeff Brian Aubie pleaded guilty on three indictments to six counts of possession of fentanyl, heroin, cocaine and GHB for the purpose of trafficking and two counts of possession of a loaded prohibited or restricted firearm, arising from a Chilliwack drug trafficking operation. The Crown and defence jointly proposed a global sentence of five and a half years less time served. Justice Girn accepted the joint submission and imposed 66 months, with 19.5 months credit for custody in B.C. and 2.4 months for custody in Saskatchewan, noting his guilty pleas, Gladue factors and progress with his addiction.

In the judge's words

I note that the principles of denunciation and deterrence are of paramount importance in this case, but I must also consider the principle of rehabilitation. Mr. Aubie has made tremendous strides to deal with his addiction and turn his life around.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
5 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: F. Lepine
Defence: S.A.L. Williams

Sources

  1. R. v. Aubie, 2023 BCSC 876 Court decision, CanLII, April 17, 2023[33] The parties have submitted a joint submission for sentence. Their proposal is that Mr. Aubie receive a global sentence of five and a half years minus time served. Five and a half years is equal to 66 months.[33] The parties have submitted a joint submission for sentence. Their proposal is that Mr. Aubie receive a global sentence of five and a half years minus time served. Five and a half years is equal to 66 months.[2] Mr. Aubie entered guilty pleas to the following offences:[27] Mr. Aubie was on bail on Information 65573 at the time of the arrest.[48] I note that the principles of denunciation and deterrence are of paramount importance in this case, but I must also consider the principle of rehabilitation. Mr. Aubie has made tremendous strides to deal with his addiction and turn his life around.[56] Having considered the sentencing principles and the circumstances of the offences and the offender, I am confident with regards to the proposed joint sentence that informed members of the public would find it appropriate and it would maintain confidence in the administration of justice. Based on the submissions of Crown and your counsel for a proposed joint sentence, I impose a sentence, as I have indicated, of 66 months. That is the equivalent of five and a half years. … [57] You will receive 19.5 months credit for time served in B.C., and 2.4 months credit for time served in Saskatchewan. You will serve an additional 44.1 months, which is 1341 days.
  2. R. v. Aubie, 2023 BCSC 876 Court decision, Courts of British Columbia

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