Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Kemp
Sentence and the Crown's position
What the law allows
Marcel Yvon Kemp pleaded guilty to three counts of possessing fentanyl, a fentanyl and benzodiazepine mixture, and cocaine for the purpose of trafficking, and was found to have played an active role in a mid-level drug operation run from a Victoria hotel suite. The Crown sought five years in custody; the defence sought two years less a day to be served in the community. Justice Gaul imposed a global sentence of five years' imprisonment, citing the lethal nature of fentanyl and his record of 54 convictions, including 13 for possession for the purpose of trafficking.
In the judge's words
1Given the nature and circumstances of the offences Mr. Kemp has committed and given his prior criminal history involving drugs and breaches of court orders, I say with confidence that the appropriate sentence in this case is one that is greater than the two-years less one day maximum threshold for a CSO.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Prior convictions
- 54 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Adams
Defence: N. Brooks
Sources
- R. v. Kemp, 2026 BCSC 1204 Court decision, CanLII, January 30, 2026
[82] The sentence I am going to impose on Mr. Kemp will be a custodial one. As I have already noted earlier in these reasons, the Crown submits the appropriate sentence should be five years of imprisonment.
[53] … counsel for Mr. Kemp submits that a custodial sentence of two years less a day, to be served in the community on a strict Conditional Sentence Order, followed by three years of probation, would address all of the relevant principles of sentencing in this case.
[70] There is no mandatory minimum sentence for the offences before the court.
[1] THE COURT: Marcel Kemp was charged with three counts of unlawfully possessing controlled substances for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act (CDSA).
[44] Mr. Kemp has a lengthy adult criminal record. Since 1997, he has accumulated 54 criminal convictions, including convictions for theft, possession of stolen property, possession of a controlled substance, fraud, failure to provide a breath sample, illegally possessing a firearm, uttering threats, assault, obstruction of justice, and multiple breaches of court orders, including release orders and probation orders.
[83] … Given the nature and circumstances of the offences Mr. Kemp has committed and given his prior criminal history involving drugs and breaches of court orders, I say with confidence that the appropriate sentence in this case is one that is greater than the two-years less one day maximum threshold for a CSO.
[84] Mr. Kemp, on Count 1, the possession of Fentanyl for the purposes of trafficking, I sentence you to a period of five years' imprisonment. … [86] In the result, Mr. Kemp will serve a global sentence of five years' imprisonment.
- R. v. Kemp, 2026 BCSC 1204 Court decision, Courts of British Columbia