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

R. v. Campagna

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposedSix years (2190 days) custody, less 576 days credit; 1614 days left to serve1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed6 years in custody
Defence asked2 years in custody
For trafficking in a Schedule I or II substance (CDSA 5(1)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Kyle Campagna was found guilty after trial of five counts of trafficking fentanyl and cocaine and seven counts of possession for the purpose of trafficking, including fentanyl and carfentanil, in a mid-level dial-a-dope operation in Langley. The Crown sought a global sentence of 9 years, reduced to 8 years for totality. Justice Girn imposed a global sentence of six years, less credit for 576 days of pre-sentence custody, finding the gravity of the offences and his moral blameworthiness very high.

In the judge's words

He knew that he was trafficking in fentanyl, a highly toxic substance, during a period when it was widely known that fentanyl was causing overdose deaths in B.C. and across the country. The fact that two of his close friends had died of drug overdoses did not deter him.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Z. Zwanenburg, K. Khosa
Defence: T.L. Spettigue

Sources

  1. R. v. Campagna, 2025 BCSC 349 Court decision, CanLII, February 19, 2025[4] The Crown submits a global sentence of 9 years, to be reduced to 8 years based on the totality principle, is a fit and proper sentence in this mid-level drug trafficking operation.[42] Mr. Campagna submits he was merely a worker and therefore in accordance with R. v. Smith, 2017 BCCA 112 , a 2 year sentence is a fit one that meets the principles of sentencing. Alternatively, he submits that if the Court finds that he had some level of control over the drug trafficking operation, a 3 year sentence, along with a period of probation is appropriate.[75] … Trafficking in a schedule I substance, and possession of a schedule I substance for the purpose of trafficking, contrary to s. 5(1) and (2) of the CDSA respectively, are punishable by a maximum sentence of life. There is no mandatory minimum sentence.[2] On October 4, 2024, after trial, I found Mr. Campagna guilty of the following offences on Indictment 851132-2, which took place between November 10, 2021 and December 8, 2021:[58] Mr. Campagna has only one unrelated conviction for impaired driving in 2020.[84] … He knew that he was trafficking in fentanyl, a highly toxic substance, during a period when it was widely known that fentanyl was causing overdose deaths in B.C. and across the country. The fact that two of his close friends had died of drug overdoses did not deter him.[90] Mr. Campagna will be sentenced to a global sentence of six years (2190 days), less credit for the equivalent of 576 days (384 days x 1.5 enhanced credit) of pre-sentence custody, for a total net sentence still to be served of 1614 days which is 4 years, 5 months and 3 days.
  2. R. v. Campagna, 2025 BCSC 349 Court decision, Courts of British Columbia

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