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

R. v. Reinders

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposedSuspended sentence with 1 year probation, after about 46 months of pre-sentence credit; 10-year firearms prohibition1
8 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposedSuspended sentence
Defence askedSuspended 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.

Daryk Reinders pleaded guilty to possessing heroin, cocaine, methamphetamine and fentanyl for the purpose of trafficking on two dates in 2019, and to possessing three restricted firearms, two of them loaded, found with the drugs. The Crown sought eight years; the defence sought a suspended sentence. Justice Murray suspended the passing of sentence and imposed one year of probation, finding that the 46 months of credit for time already served was enough given his rehabilitation, sobriety and university studies since his release in 2022.

In the judge's words

Crown counsel clearly thinks that because of the gravity of the offence, that the time served, 46 months, is not enough. In my view, in this particular case with these particular circumstances and the exceptional work that Mr. Reinders has done on himself and he is doing in the community, it is enough. To send him back would be contrary to everything that this justice system stands for.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Suspended sentence1
Appeal
Not yet checked
Counsel
Crown: F. Lépine
Defence: N. Wiberg, K.C.

Sources

  1. R. v. Reinders, 2025 BCSC 1480 Court decision, CanLII, July 17, 2025[2] Crown seeks a sentence of eight years; defence a suspended sentence.[2] Crown seeks a sentence of eight years; defence a suspended sentence.[1] THE COURT: On May 1, 2023, Mr. Reinders pled guilty to possessing for the purpose of trafficking heroin, cocaine, methamphetamine, and fentanyl on September 25, 2019, and to the same charge on December 18, 2019.[35] Crown counsel clearly thinks that because of the gravity of the offence, that the time served, 46 months, is not enough. In my view, in this particular case with these particular circumstances and the exceptional work that Mr. Reinders has done on himself and he is doing in the community, it is enough. To send him back would be contrary to everything that this justice system stands for.[36] Stand up, please, Mr. Reinders. Having considered all of the facts, hearing from you, hearing from your counsel, hearing from Crown counsel, hearing from your supporters who travelled here from Merritt, I am satisfied that a suspended sentence is the right sentence. I am going to suspend the passing of sentence. I am going to place you on probation forone year.
  2. R. v. Reinders, 2025 BCSC 1480 Court decision, Courts of British Columbia

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