Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Gallant
Sentence and the Crown's position
What the law allows
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
1In 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.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- 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
- 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
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Gallant, 2024 BCSC 2327 Court decision, Courts of British Columbia