Possession of a Schedule I or II substance for the purpose of trafficking, Possession of cannabis for the purpose of distributing, Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Possession of a weapon for a dangerous purpose, Possession of a firearm knowing its possession is unauthorized, Occupant of a motor vehicle knowing there is a firearm, Unauthorized possession of a firearm, Careless use or storage of a firearm, Contravention of firearm storage regulations
R. v. White
- Below the Crown's ask
- On release at the time
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
Nathaniel White was found guilty after trial of possessing cocaine and cannabis for the purpose of trafficking and of firearms offences, including possession of a loaded handgun, arising on August 27, 2020, while he was on probation. The Crown sought five years' imprisonment; the defence proposed a conditional sentence of two years less one day followed by two years' probation. Justice Rosinski imposed a conditional sentence of two years less one day followed by two years' probation, citing Mr. White's circumstances as a marginalized African Nova Scotian offender, his rehabilitative potential and the years since the offences.
In the judge's words
1It is consistent with the protection of the public, and “would contribute to respect for the law and the maintenance of a just, peaceful and safe society” in the longer term, without imposing a term of incarceration, to give Mr. White the opportunity to create a better life for himself, his partner and their children.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Possession of cannabis for the purpose of distributing (CA 9(2))
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Possession of a weapon for a dangerous purpose (CC 88)
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Unauthorized possession of a firearm (CC 91(1))
- Careless use or storage of a firearm (CC 86(1))
- Contravention of firearm storage regulations (CC 86(2))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Colin Strapps
Defence: Nicholaus Fitch
Sources
- R. v. White, 2025 NSSC 54 Court decision, CanLII, February 14, 2025
[146] Thus, the Crown seeks five years incarceration (“essentially two years for the drugs and three years for the handgun”).
[140] Mr. Fitch argues that for all these criminal offences committed by Mr. White, the purpose and principles of sentencing contained in our Criminal Code, CDSA and Cannabis Act could be satisfied by a conditional sentence of imprisonment of two years less one day to be followed by two years probation.
[1] I found Mr. White guilty of drug trafficking offences in relation to cocaine/ cannabis and firearms offences, regarding his possession of a loaded .32 calibre Smith & Wesson handgun and ammunition, all on August 27, 2020 (2024 NSSC 136).
[156] It is an aggravating factor that he was on probation at the time of these offences and he breached the condition therein which prohibited him from having possession of a firearm – also being a separate offence (s. 117.01(1) Criminal Code) which he committed on August 27, 2020.
[190] It is consistent with the protection of the public, and “would contribute to respect for the law and the maintenance of a just, peaceful and safe society” in the longer term, without imposing a term of incarceration, to give Mr. White the opportunity to create a better life for himself, his partner and their children.
[197] In total, the sentence for all convicted offences is 2 years less one day imprisonment, to be served as a Conditional Sentence Order and to be followed by two years probation specifically only on the sections 94 - 95 Criminal Code and s. 5(2) CDSA offences.
- R. v. White, 2025 NSSC 54 Court decision, Courts of Nova Scotia