Sentence Watch

Possession of a Schedule I or II substance for the purpose of trafficking

R. v. Makortoff

Crown asked22 months in custody1
Judge imposed22 months in custody1

What the law allows

MaximumLife imprisonment
Crown asked22 months in custody
Judge imposed22 months in custody
Defence asked2 years less a day conditional sentence
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.

Jessie Makortoff was convicted after trial of possessing 137.5 grams of cocaine for the purpose of trafficking. The Crown sought 22 months in custody and the defence sought a conditional sentence of two years less a day. Justice Matthews imposed 22 months in custody, finding that a conditional sentence would endanger the community because of his untreated addiction and prior trafficking convictions.

In the judge's words

[79] I conclude that permitting a situation where Mr. Makortoff will resort to his previous method of paying for the drugs to which he is addicted through acquiring and selling cocaine poses a grave danger for the community. For that reason, I conclude that a conditional sentence is not available in this case.

1

The record

Prior convictions
3 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: I. Ferbey
Defence: D.J. White

More cases by The Honourable Justice Sharon Matthews

  1. January 30, 2026
    R. v. Majedi, 2026 BCSC 343Possession of a Schedule I or II substance for the purpose of trafficking, Vancouver
    • Below the Crown's ask
    • On release at the time
    2 years less a day conditional sentence (curfew and mobility restriction), then 3 years probation
  2. October 3, 2025
    R. v. K.N., 2025 BCSC 2138Sexual assault, Richmond
    • Below the Crown's ask
    28 months in custody
  3. August 29, 2025
    R. v. Tregear, 2025 BCSC 1834Aggravated assault; Pointing a firearm; Possession of a firearm knowing its possession is unauthorized; Discharging a firearm with intent, Sooke
    • Below the Crown's ask
    7 years in custody (concurrent sentences), less 30 days credit
  4. April 10, 2025
    R. v. A.A.A., 2025 BCSC 909Invitation to sexual touching, New Westminster
    1 year in custody, then 3 years probation

All cases by The Honourable Justice Sharon Matthews (7)

More possession of a schedule i or ii substance for the purpose of trafficking cases

  1. September 18, 2026
    R v Alves, 2026 BCSC 1792Possession of a Schedule I or II substance for the purpose of trafficking; Production of a Schedule I or II substance; Possession of anything for use in producing or trafficking a controlled substance, Maple Ridge. Justice Terence A. Schultes
    3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
  2. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  3. August 27, 2026
    R. v. Marshall, 2026 BCSC 1686Unauthorized possession of a firearm; Possession of a Schedule I or II substance for the purpose of trafficking, Victoria. Justice Jacqueline D. Hughes
    • Below the Crown's ask
    Six years imprisonment (concurrent on all counts), less 537 days credit for pre-trial custody
  4. August 25, 2026
    R. v. Beals, 2026 NSPC 43Operation with blood alcohol over the legal limit; Breach of a release order; Possession of a Schedule I or II substance for the purpose of trafficking, Dartmouth. Judge Timothy G. Daley
    2 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation

All possession of a schedule i or ii substance for the purpose of trafficking cases (112)

More from the Supreme Court of British Columbia

  1. September 18, 2026
    R v Alves, 2026 BCSC 1792Possession of a Schedule I or II substance for the purpose of trafficking; Production of a Schedule I or II substance; Possession of anything for use in producing or trafficking a controlled substance, Maple Ridge. Justice Terence A. Schultes
    3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent
  2. September 15, 2026
    R. v. C.S.M., 2026 BCSC 1770Manslaughter, Coquitlam. Justice David M. Layton
    2 years and 99 days in custody, less 99 days credit (2 years remaining)
  3. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order, Rossland. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit
  4. September 11, 2026
    R v Stuart, 2026 BCSC 1783Aggravated assault, Vancouver. Justice Elin Sigurdson
    • Below the Crown's ask
    • No jail for a violent offence
    Two years less one day conditional sentence (201 days credited), followed by probation

All cases from the Supreme Court of British Columbia (520)

More cases in Rossland

  1. September 11, 2026
    R. v. Dansereau, 2026 BCSC 1781Possession of a loaded prohibited or restricted firearm; Possession of a Schedule I or II substance for the purpose of trafficking; Possession of a weapon contrary to a prohibition order. Justice Jacqueline D. Hughes
    5 years in custody (3.5 years firearm, concurrent 24 months drug, plus 1.5 years consecutive for breach of weapons prohibition), less 978 days credit

Sources

  1. R. v. Makortoff, 2024 BCSC 1399 Court decision, CanLII, June 21, 2024[37] The Crown seeks a sentence of 22 months incarceration.[41] Mr. Makortoff submits that the appropriate sentence is a conditional sentence of house arrest for two years less a day[1] Jessie Makortoff is before the Court for sentencing on a conviction of unlawful possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.[27] Mr. Makortoff has two previous convictions of possession of drugs for the purpose of trafficking. The first was in 2005 and related to marijuana. Mr. Makortoff was sentenced to a one-year conditional sentence. He was also convicted of failing to attend court on those charges. In July 2017, he was convicted of possession of cocaine for the purpose of trafficking[79] I conclude that permitting a situation where Mr. Makortoff will resort to his previous method of paying for the drugs to which he is addicted through acquiring and selling cocaine poses a grave danger for the community. For that reason, I conclude that a conditional sentence is not available in this case.[102] Taking all of this into account, I impose a sentence of 22 months in custody.
  2. R. v. Makortoff, 2024 BCSC 1399 Court decision, Courts of British Columbia

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