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

R. v. Gallant

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed54 months in custody (30 months and a consecutive 24 months), less one month credit for pre-sentence custody1
205 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed54 months in custody
Defence asked4 years 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.

Michael William Gallant pleaded guilty to three counts of possession for the purpose of trafficking, involving fentanyl mixed with carfentanil in 2020 and fentanyl and methamphetamine in 2021. The Crown sought a total of five to six years; the defence sought four years. Justice Marzari imposed a total of 54 months, less one month of credit for pre-sentence custody, citing his 19 months of pre-trial house arrest, his sobriety and remorse, and the totality principle.

In the judge's words

In addition, Mr. Gallant served 19 months of pre-trial house arrest, which is more restrictive than just obeying a curfew, and which has also served a number of the purposes of a custodial sentence, including specific deterrence (which has been entirely successful), rehabilitation, as well as a punitive restriction on his freedoms.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: J. Rutherford
Defence: K. Waugh, M. Winkel

Sources

  1. R. v. Gallant, 2024 BCSC 2327 Court decision, CanLII, December 18, 2024[36] This would result in a six-and-a-half-year sentence on the two indictments; however, the Crown agrees that there should be some reduction in that sentence on the grounds of totality, as well as to take into account Mr. Gallant's time in pre-sentence custody (20 days with a total of 30 day credit) and his 19 months of house arrest. A total sentence of five to six years is suggested.[40] This would amount to a four-and-a-half-year sentence on the two indictments, which the defence says should be reduced to four years under the principle of totality.[1] Michael William Gallant is before me for sentencing on two indictments:[68] In addition, Mr. Gallant served 19 months of pre-trial house arrest, which is more restrictive than just obeying a curfew, and which has also served a number of the purposes of a custodial sentence, including specific deterrence (which has been entirely successful), rehabilitation, as well as a punitive restriction on his freedoms.[76] Pursuant to this principle, I would reduce the 60-month sentence by six months, and I would deduct that time from the sentence on the 2021 Indictment. This results in a total sentence, before pre-sentence custody, of 54 months, or four-and-a-half years. … [77] In addition, I find that Mr. Gallant is entitled to one-month pre-sentence credit on the 2020 Indictment for his 20 days of pre-trial custody in July 2021
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Gallant, 2024 BCSC 2327 Court decision, Courts of British Columbia

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