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

R. v. Majedi

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed2 years less a day conditional sentence (curfew and mobility restriction), then 3 years probation1
5 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed2 years less a day conditional sentence
Defence asked2 years 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.

Michelle Majedi was convicted after trial of six counts of possessing controlled substances, including fentanyl, heroin, cocaine and methamphetamine, for the purpose of trafficking in Vancouver's Downtown Eastside, while she was serving a conditional sentence. The Crown sought five years in custody; the defence sought a conditional sentence of two years less a day. Justice Matthews imposed a conditional sentence of two years less a day followed by three years of probation, finding that her rehabilitation since the offences reduced the concern raised by her 13 prior trafficking convictions.

In the judge's words

I am persuaded that the evidence of persons who have known Ms. Majedi for a long time, who have seen her at her worst, who have no reason to lie for her, and who have stated that she has had an obvious shift in her attitude and actions to back up the attitude shift, diminishes the concern that her prior offending raises. In these circumstances, a non-custodial sentence can fill the objectives of denunciation and deterrence while leaving space for the objective of rehabilitation to flourish.

1

The record

Prior convictions
13 prior convictions1
At the time of the offence
On probation1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: H.D. Pineo
Defence: H.M. Patey

Sources

  1. R. v. Majedi, 2026 BCSC 343 Court decision, CanLII, January 30, 2026[2] The Crown seeks a custodial sentence of five years based on sentences on each count that range from one to five years, each served concurrently to the others.She seeks a conditional sentence order of two years less a day, followed by probation of three years, all on the same conditions of her judicial interim release[1] Michelle Majedi was convicted on all counts of a six-count indictment of possession of controlled substances for the purpose of trafficking.[59] Ms. Majedi was on a conditional sentence order at the time she committed this offence, a circumstance which is recognized as aggravating at common law: R. v. Marchant, 2025 BCSC 383 at para. 26.[58] Ms. Majedi's criminal record includes 13 convictions for drug trafficking offences, which is statutorily aggravating pursuant to s. 10(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.[132] … I am persuaded that the evidence of persons who have known Ms. Majedi for a long time, who have seen her at her worst, who have no reason to lie for her, and who have stated that she has had an obvious shift in her attitude and actions to back up the attitude shift, diminishes the concern that her prior offending raises. In these circumstances, a non-custodial sentence can fill the objectives of denunciation and deterrence while leaving space for the objective of rehabilitation to flourish.[138] Ms. Majedi, please stand. I sentence you to two years less a day on Count 1, one year on Count 2, and two years less a day on each of Counts 3, 4, 5, and 6. All sentences are to be served concurrently. [139] Your sentence shall be served conditionally in the community and shall be followed by a term of three years of probation.
  2. Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
  3. R. v. Majedi, 2026 BCSC 343 Court decision, Courts of British Columbia

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