Possession of cannabis for the purpose of selling, Possession of a loaded prohibited or restricted firearm, Careless use or storage of a firearm
R. v. Loutit
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Scott William Loutit was convicted after trial of possessing a loaded restricted firearm, careless storage of firearms, and possession of cannabis for the purpose of selling, after police found over 100 pounds of cannabis, several firearms and cash in his home in 2019. The Crown sought 54 months in total and the defence two years. Justice Wilkinson imposed consecutive sentences reduced for totality to three and a half years, finding denunciation and deterrence paramount for a high-level cannabis operation run from a home with young children.
In the judge's words
1In Mr. Loutit's case, I agree that denunciation and deterrence should be the paramount considerations. Mr. Loutit was engaged in a high‑level cannabis distribution operation out of his Residence which was also being occupied by two young children (now known to be his own children based on the information in the PSR).
The record
Sources
- R. v. Loutit, 2025 BCSC 1310 Court decision, CanLII, May 28, 2025
[10] The Crown submits an appropriate sentence for Mr. Loutit is a total of 60 months (or five years) of imprisonment broken down as follows: … [11] If consecutive sentences are imposed, the Crown submits that a reduction to 54 months of total jail time would be appropriate for totality considerations.
[14] He submits that, with respect to Count 2, an appropriate sentence is two years jail, and for Count 3, an appropriate sentence is one year jail, to be served concurrently.
[1] THE COURT: On March 11, 2024, I convicted Mr. Loutit of one count of storing firearms carelessly under s. 86(1) of the Criminal Code [Code], RSC 1985. C C-46, one count of possession of a loaded restricted firearm under s. 95(1) of the Code, and one count of possession of cannabis for the purpose of selling it under s. 10(2) of the Cannabis Act, SC 2018 c 16 (the "Act") following trial in January and February 2024.
[83] This is Mr. Loutit's first conviction of any kind. He is a first‑time offender.
[51] In Mr. Loutit's case, I agree that denunciation and deterrence should be the paramount considerations. Mr. Loutit was engaged in a high‑level cannabis distribution operation out of his Residence which was also being occupied by two young children (now known to be his own children based on the information in the PSR).
[100] This results in a sentence of 48 months. Considering the applicable totality principles (see R. v. Gilker, 2022 NBKB 247 at para. 71), after taking a "last look", I find that the aggregate of the sentences is unduly long or harsh. In my view, a total sentence of 42 months (three and a half years) total jail time, is appropriate. I will reduce the sentence for Count 2 to 24 months and Count 3 to 18 months.
- R. v. Loutit, 2025 BCSC 1310 Court decision, Courts of British Columbia