Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Paterson
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
Tyler Paterson was found guilty of three counts of possession for the purpose of trafficking after police found packaged cocaine, fentanyl and a fentanyl-Bromazolam mix in his vehicle in Vernon in October 2022. The Crown sought two years less a day in custody; the defence sought a conditional sentence of 18 to 24 months. Justice Morishita imposed a conditional sentence of two years less a day followed by three years of probation, citing his sobriety, employment and stable relationships over the past year and a half.
In the judge's words
1Mr. Paterson's circumstances over the past year and a half have been much more stable. He has a stable and healthy relationship with Ms. Thomas and her family, and more recently has been working at a job that he loves and where he seems to be doing well. Most significantly, during this period he has been sober and has been able to comply with his court-ordered conditions.
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
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: J.M. Le Dressay
Defence: R.K. Neary
Sources
- R. v. Paterson, 2025 BCSC 2733 Court decision, CanLII, December 18, 2025
[24] The Crown submits that an appropriate sentence is two years less a day in custody, less time served, bringing the total global custodial sentence to an additional 450 days in custody.
[26] The defence submits that an appropriate sentence for Mr. Paterson is 18 to 24 months imprisonment to be served by means of a CSO in the community, with the first half of the sentence under house arrest and the remaining half under a curfew.
[1] THE COURT: On July 25, 2025, Tyler Paterson was found guilty on three counts of possession of a controlled substance for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
Mr. Paterson's circumstances over the past year and a half have been much more stable. He has a stable and healthy relationship with Ms. Thomas and her family, and more recently has been working at a job that he loves and where he seems to be doing well. Most significantly, during this period he has been sober and has been able to comply with his court-ordered conditions.
[46] I am imposing concurrent jail sentences of two years less a day on each of the three counts upon which I have entered convictions against you, followed by three years of probation. The jail sentences are to be served conditionally in the community in accordance with s. 742.1 of the Criminal Code.
- R. v. Paterson, 2025 BCSC 2733 Court decision, Courts of British Columbia