Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Hunter
Sentence and the Crown's position
What the law allows
Marshall Wilson Hunter was found guilty after trial of two counts of possession of fentanyl and methamphetamine for the purpose of trafficking. The Crown sought a global sentence of two and one-half years, consecutive to the sentence he was already serving. Justice Gibb-Carsley imposed 19 and a half months (585 days), consecutive to that sentence, citing his rehabilitative steps in custody, his Indigenous heritage, and the totality of his combined sentences.
In the judge's words
1I have accepted what you and your counsel have told me about your genuine desire to put your life on a more positive trajectory when you are released. This is the reason I have given you a sentence at the very low end of the range for those who deal in fentanyl.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: F. Lepine
Defence: N. Acker, C. Sutton
Sources
- R. v. Hunter, 2025 BCSC 759 Court decision, CanLII, March 28, 2025
[31] Crown argues that an appropriate sentence for Count 1 relating to the fentanyl is three years, and for Count 2 relating to the methamphetamine is two years, to be served concurrently. However, the Crown acknowledges that given Mr. Hunter is in custody already serving another sentence, an appropriate global sentence when considering the totality is two and one-half years, which would be served consecutively to Mr. Hunter's current sentence.
[35] Mr. Hunter agrees that it is appropriate that his sentence for these offences be served consecutively to the sentence he is currently serving. He asserts that the appropriate sentence is 18 months for the fentanyl conviction and 18 months for the methamphetamine conviction, to be served concurrently to each other and consecutively to the sentence Mr. Hunter is now serving.
[1] On October 4, 2024, I found Marshall Wilson Hunter guilty on two counts of possession for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[98] … I have accepted what you and your counsel have told me about your genuine desire to put your life on a more positive trajectory when you are released. This is the reason I have given you a sentence at the very low end of the range for those who deal in fentanyl.
[83] I find that given the specific circumstances of this case, the gravity of the offence, Mr. Hunter's blameworthiness, and the mitigating and aggravating factors, the appropriate sentence for Mr. Hunter on Count 1 is 19 and a half months (585 days) and on Count 2 is 14 months (420 days). I find that these should be served concurrently for a global sentence of 19.5 months or 585 days.
- R. v. Hunter, 2025 BCSC 759 Court decision, Courts of British Columbia