Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Dubois
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Nick Dubois was convicted after trial of three counts of possession of fentanyl, methamphetamine and cocaine for the purpose of trafficking. The Crown sought four years in custody; the defence sought a conditional sentence of 20 months less a day. Justice Hoffman imposed three years in penitentiary on each count, concurrent, less 19 days of credit, citing his long addiction, rehabilitation efforts and disconnection from his Métis culture as reasons to go below the four-year low end of the range for mid-level fentanyl trafficking.
In the judge's words
1In my view, this sentence is required to fulfill the objectives of denunciation and deterrence required as a result of trafficking fentanyl which has devastating impacts for the community. At the same time, Mr. Dubois' particular circumstances, including his disconnection from his Métis culture, reduces the sentence from the lower end of the range established in Bird.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Prior convictions
- 15 prior convictions1
- At the time of the offence
- On probation1
- Defence asked for
- 20 months less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: R. Kandola
Defence: J. Fernandes
Sources
- R. v. Dubois, 2026 BCSC 1377 Court decision, CanLII, July 17, 2026
[52] The Crown submits that the appropriate sentence is a four-year custodial sentence on each count served concurrently.
[53] Mr. Dubois seeks a conditional sentence order of 20 months less a day with strict conditions followed by 18 months' probation.
[6] The maximum sentence for a conviction under s. 5(2) of the CDSA is imprisonment for life: CDSA, s. 5(3)(a). There is no mandatory minimum sentence.
[4] On May 20, 2025, I convicted Mr. Dubois of three counts of possession for the purposes trafficking controlled substances, namely fentanyl, methamphetamine, and cocaine, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[72] I also take as an aggravating factor that, at the time of these offences, Mr. Dubois was on probation from a conviction for possession of stolen property and that the terms of his probation included a condition not to possess or consume alcohol, drugs, or other intoxicating substances.
[71] Mr. Dubois has a significant criminal record of more than 15 convictions, including four convictions for simple possession dating from 2001 to 2018 and several convictions reflecting failures to comply with court orders and release conditions.
[81] In my view, this sentence is required to fulfill the objectives of denunciation and deterrence required as a result of trafficking fentanyl which has devastating impacts for the community. At the same time, Mr. Dubois' particular circumstances, including his disconnection from his Métis culture, reduces the sentence from the lower end of the range established in Bird.
[90] I sentence you to a three-year term of imprisonment, to be served in the penitentiary on each offence to be served concurrently less the 19 days you have already served.
- R. v. Dubois, 2026 BCSC 1377 Court decision, Courts of British Columbia