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

R. v. Gordon-Filatoff

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years imprisonment1

What the law allows

MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed2 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.

Marcy Rae Gordon-Filatoff pleaded guilty to possessing fentanyl, carfentanil and etizolam for the purpose of trafficking in Kamloops. The Crown sought two years in jail and the defence sought a conditional sentence. Justice B. Smith imposed two years of imprisonment, finding that a sentence under two years would not meet the need for denunciation and deterrence and that serving it in the community would endanger public safety.

In the judge's words

[50] A CSO is not appropriate for two reasons. First, I am not satisfied that a custodial sentence of less than two years is appropriate because it would not adequately address the fundamental purpose and principles of sentencing, in particular the need for denunciation and deterrence.

1

The record

Prior convictions
4 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: R.A. Alcantara
Defence: A.P. Watt

Sources

  1. R. v. Gordon-Filatoff, 2024 BCSC 404 Court decision, CanLII, February 23, 2024[18] The Crown seeks a two-year jail sentence.[2] Marcy Rae Gordon-Filatoff is before the court for sentencing.[41] Thirdly, Ms. Gordon-Filatoff has a related criminal record. Although it is dated, she has four prior convictions for possession for the purpose of trafficking, the last of which was in 2008, for which she received a sentence of two years in jail.[50] A CSO is not appropriate for two reasons. First, I am not satisfied that a custodial sentence of less than two years is appropriate because it would not adequately address the fundamental purpose and principles of sentencing, in particular the need for denunciation and deterrence.[54] I sentence you to imprisonment for two years.
  2. R. v. Gordon-Filatoff, 2024 BCSC 404 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.