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

Crown asked4 years in custody1
Judge imposed3 years in penitentiary on each count, concurrent, less 19 days credit1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed3 years in custody
Defence asked20 months less a day conditional sentence
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

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

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.

1

The record

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

  1. 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.
  2. R. v. Dubois, 2026 BCSC 1377 Court decision, Courts of British Columbia

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