Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Islam
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
MD Rafiqul Islam was convicted after trial of possession of cocaine for the purpose of trafficking after using his Vancouver taxi to move drugs for a dial-a-dope operation in 2021. The Crown sought 12 months' imprisonment; the defence sought a 16-month conditional sentence. Justice MacNaughton imposed a 20-month conditional sentence, the first 12 months under house arrest, citing his four years without incident in the community, his lack of a record and his potential for rehabilitation.
In the judge's words
1However, despite the gravity of Mr. Islam's offence and his moral blameworthiness, Mr. Islam's performance in the community in the four years since his arrest, the fact that he is a first-time offender, and that he appears to have found replacement work, demonstrating his potential for rehabilitation, factor heavily in my assessment. To incarcerate Mr. Islam in a correctional facility would risk derailing the progress he has made.
The record
Sources
- R. v. Islam, 2025 BCSC 2180 Court decision, CanLII, November 3, 2025
[4] The Crown contends that, in the circumstances of this case, a fit and appropriate sentence for Mr. Islam is 12 months' imprisonment.
[6] The defence contends that a fit and appropriate sentence for Mr. Islam is 16 months' imprisonment, to be served by means of a CSO in the community, with the first eight months under house arrest and the remaining eight months under a curfew.
[2] MD Rafiqul Islam is before me for sentencing with respect to his conviction of possession of cocaine for the purposes of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[20] Mr. Islam does not have a criminal record.
[76] … However, despite the gravity of Mr. Islam's offence and his moral blameworthiness, Mr. Islam's performance in the community in the four years since his arrest, the fact that he is a first-time offender, and that he appears to have found replacement work, demonstrating his potential for rehabilitation, factor heavily in my assessment. To incarcerate Mr. Islam in a correctional facility would risk derailing the progress he has made.
[81] For the offence of possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the CDSA, I sentence you to 20 months' imprisonment to be served in the community by means of a CSO. … For the latter portion of the CSO, I will apply the credit that you are owed for the time you spent in pretrial custody (i.e., two days, which at a rate of 1.5:1 amounts to three days of credit).
- R. v. Islam, 2025 BCSC 2180 Court decision, Courts of British Columbia