Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a controlled substance, Breach of a release order
R. v. Cancela
- 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
Andrew Lee Cancela was found guilty after trial of possession of cocaine for the purpose of trafficking, two counts of simple drug possession, and breaching a release order, all in Castlegar. The Crown sought three to four years for the trafficking count plus seven days consecutive for the breach; the defence sought a conditional sentence. Justice Lyster imposed a conditional sentence of two years less a day followed by two years probation, giving significant weight to his rehabilitation.
In the judge's words
1Notwithstanding those factors, I find that I must give significant weight to Mr. Cancela's rehabilitation, which is much more likely to be furthered at this stage by him continuing to live in the community under strict and punitive conditions than by returning him to physical jail. I also find that the restraint principle is applicable in this case.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2))
- Possession of a controlled substance (CDSA 4(1), 2 counts)
- Breach of a release order (CC 145(5))
- Prior convictions
- 4 prior convictions1
- At the time of the offence
- On bail1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Aziz
Defence: M.A. Patterson
Sources
- R. v. Cancela, 2026 BCSC 1627 Court decision, CanLII, August 5, 2026
[2] Mr. Cancela is now before the court for sentencing. The Crown submits that he should be sentenced to three to four years on the count of possession of cocaine for the purposes of trafficking; seven days for each of the simple possession counts to be served concurrently; and seven days for the breach, to be served consecutively.
[2] … Mr. Cancela submits that he should be sentenced to a conditional sentence order ("CSO") for two years less a day to be followed by two years probation.
[44] The first criterion is met as possession for the purposes of trafficking is not punishable by a minimum term of imprisonment.
[1] Andrew Cancela was found guilty after trial on January 23, 2026 on four counts on Indictment 26849‑2
[7] At the time of the offences Mr. Cancela was on a release order which, among other things, prohibited him from possessing drug paraphernalia suitable for the sale or consumption of drugs.
[12] Mr. Cancela has a related criminal record. He was convicted of possession for the purposes of trafficking on May 22, 2013. He was sentenced to a conditional sentence of nine months. He was again convicted of possession for the purposes of trafficking on March 18, 2020. He was sentenced to 12 months and 18 months probation. At the same time, he was convicted of two counts of breach of an undertaking or recognizance, for which he was sentenced to 21 days. Finally, on November 4, 2024, he was convicted of simple possession and fined $480.
[51] … Notwithstanding those factors, I find that I must give significant weight to Mr. Cancela's rehabilitation, which is much more likely to be furthered at this stage by him continuing to live in the community under strict and punitive conditions than by returning him to physical jail. I also find that the restraint principle is applicable in this case.
[53] I hereby sentence you to a sentence of two years less a day on Count 1, that sentence to be served in the community on a CSO. … [54] I further sentence you to a sentence of seven days on each of Counts 2, 3 and 4, those sentences to be served concurrently to Count 1, also on a CSO. The CSO is to be followed by a term of probation of two years.
- R. v. Cancela, 2026 BCSC 1627 Court decision, Courts of British Columbia