Possession of a Schedule I or II substance for the purpose of trafficking, Weapons trafficking

R. v. Santolla

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposed8 years imprisonment (3 years on manufacturing a restricted firearm, consecutive to concurrent 4 and 5 years on two drug counts)1

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed8 years in custody
Defence asked8 years in custody
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.

Tyson Santolla pleaded guilty to manufacturing restricted firearms (3D-printed Glock-style pistol frames) and two counts of possessing methamphetamine and fentanyl for the purpose of trafficking. The Crown and defence jointly proposed a global sentence of eight years. Justice Milman accepted the joint submission and imposed eight years in prison, giving preeminent weight to denunciation and deterrence.

In the judge's words

The parties agree the offences in question are serious and that I am bound to give preeminent weight to the considerations of denunciation and deterrence. Both the manufacture of handguns and the trafficking of the controlled substances in issue here cause grave harm to society, justifying the lengthy penitentiary term that is proposed by counsel.

1

The record

Prior convictions
2 prior convictions1
At the time of the offence
Not stated1
Defence asked for
8 years in custody1
Appeal
Not yet checked
Counsel
Crown: J.M. Le Dressay
Defence: M. Shamess, S.B. Badea

Sources

  1. R. v. Santolla, 2026 BCSC 204 Court decision, CanLII, January 30, 2026[4] The parties have put forward a joint submission on sentence, which calls for Mr. Santolla to receive a custodial sentence of three years on Count 1, to be served consecutively with the sentences imposed on Counts 3 and 4, which are to be concurrent prison sentences of four and five years, respectively, for a global sentence of eight years in prison.[4] The parties have put forward a joint submission on sentence, which calls for Mr. Santolla to receive a custodial sentence of three years on Count 1, to be served consecutively with the sentences imposed on Counts 3 and 4, which are to be concurrent prison sentences of four and five years, respectively, for a global sentence of eight years in prison.[1] Before the Court for sentencing is Tyson Santolla.[15] After finishing Grade 10, Mr. Santolla left school and spent time in Australia, where he was later convicted for having been in possession of a marketable quantity of controlled drugs while he was in that country in October 2008. … He was also convicted and sentenced to a further period of 6 months' imprisonment for failing to appear in court during that process.[18] The parties agree the offences in question are serious and that I am bound to give preeminent weight to the considerations of denunciation and deterrence. Both the manufacture of handguns and the trafficking of the controlled substances in issue here cause grave harm to society, justifying the lengthy penitentiary term that is proposed by counsel.[25] I am sentencing you as follows: … a) On Count 1, I am imposing a term of imprisonment of three years; … b) On Count 3, I am imposing a term of four years; and … c) On Count 4, I am imposing a term of five years. … [26] The terms imposed in relation to Counts and 3 and 4 will be concurrent with each other, but consecutive to the term imposed on Count 1.
  2. R. v. Santolla, 2026 BCSC 204 Court decision, Courts of British Columbia

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