Canada Case Law

R. v. White

Court

Nova Scotia Court of Appeal

The sentencing judge erred as a matter of law by relying on Bratzer, an exceptional and materially distinguishable precedent, which led to a failure to apply the proportionality principle and the primacy of denunciation and deterrence; the Court allowed the Crown appeals, set aside the conditional sentence and substituted a fit global sentence of four years' imprisonment with specified surrender and credit directions.

Source excerpt

• Sentencing principles
• Proportionality
• Denunciation
• Deterrence
• Conditional sentence
• Irca/social context evidence

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R. v. Holland

Court

Supreme Court of British Columbia

Viewing the circumstantial evidence as a whole, the Crown failed to prove beyond a reasonable doubt that the accused had knowledge of and some measure of control over the drugs and firearm because alternative reasonable inferences existed (including that they had just arrived or that another occupant had control), items were not clearly in plain view or linked to the accused, and forensic or contextual evidence (tenancy, surveillance, keys, fingerprints, personal effects) was absent; therefore guilt was not the only reasonable inference and the accused must be acquitted.

Source excerpt

• Possession for the purpose of trafficking
• Constructive and joint possession
• Wilful blindness
• Circumstantial evidence
• Reasonable doubt

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R. v. Geizer

Court

Supreme Court of Nova Scotia

The court accepted the true negotiated joint recommendation because the proposed sentence (two years less a day served in the community with one year probation) lies within the range for similar offenders, satisfies the Anthony-Cook public interest threshold, and meets the statutory requirements for a conditional sentence under s.742.1 (it would not endanger community safety and is consistent with ss.718-718.2 and s.10 CDSA given the offender's health, age, addiction, remorse, early plea and PSR). Accordingly the conditional sentence and ancillary orders were imposed.

Source excerpt

• Possession for the purpose of trafficking
• Conditional sentence order
• Joint plea recommendation
• Mitigation and remorse
• Ancillary orders

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R. v. Majedi

Court

Supreme Court of British Columbia

Although the offending was grave (trafficking multiple dangerous drugs while on a prior community order and with 13 prior trafficking convictions), the judge found duress and lifelong trauma significantly diminished moral blameworthiness and objective, sustained rehabilitation and over two years' compliance with strict interim release demonstrated a minimal risk of reoffending; accordingly a fit global sentence is two years less a day to be served conditionally, followed by three years' probation, with ancillary orders (lifetime firearm prohibition, DNA order, forfeiture, $1,200 victim surcha…

Source excerpt

• Trafficking
• Conditional sentence eligibility
• Duress as mitigation
• Rehabilitation
• Ancillary orders (firearms, dna, forfeiture, victim surcharge)

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R. v Menu

Court

Supreme Court of British Columbia

On the criminal standard, the Crown proved that the accused had constructive possession and primary control of large quantities of dried cannabis and cannabis concentrates located throughout the residence and basement, supported by inventory sheets in his hand, fingerprints, cash, packaging materials and expert evidence, and therefore was guilty of possessing cannabis for the purpose of distribution and sale (ss.9(2) and 10(2) Cannabis Act); the accused was guilty of possession of cocaine for the purpose of trafficking by virtue of constructive possession and/or by aiding the basement occupan…

Source excerpt

• Possession for the purpose of trafficking
• Constructive possession
• Joint possession
• Circumstantial evidence
• Search of residence
• Expert opinion on drug distribution

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R. v. Sohi

Court

Supreme Court of British Columbia

The court sentenced a first-time offender convicted of drug trafficking and firearms offences to four years, finding the gun and drugs were part of one endeavour.

• Trafficking
• Possession of firearm
• Concurrent versus consecutive sentences
• Totality principle
• Denunciation and deterrence
• Mitigating and aggravating factors

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R. v. Harris

Court

Supreme Court of British Columbia

The court found Mr. Harris guilty on all counts after concluding he constructively possessed drugs and a firearm in a vehicle and held the drugs for trafficking.

• Possession
• Constructive possession
• Possession for the purpose of trafficking
• Circumstantial evidence
• Burden of proof
• Constructive-possession

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R. v. Budd

Court

Supreme Court of British Columbia

The court sentenced Randall Stanley Budd to an 18-month conditional sentence order for possessing methamphetamine for the purpose of trafficking, with strict treatment-based conditions.

• Possession for purpose of trafficking
• Conditional sentence order
• Gladue factors
• Deterrence and denunciation
• Rehabilitation
• Forfeiture

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R. v. Kalicum

Court

Supreme Court of British Columbia

The court found the accused guilty of possession for the purpose of trafficking cocaine, heroin and methamphetamine, holding the UPHNS exemption did not cover distribution.

• Possession for purpose of trafficking
• S.56(1) exemption
• Uphns class exemption
• Safe supply/compassion club
• Interpretation of statutory exemptions
• Drug policy and public health emergency

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R. v. Watroba

Court

Supreme Court of British Columbia

Trial judgment on drug trafficking and weapon charges: acquittals on trafficking counts, convictions for simple possession of fentanyl and for possessing a machete for a dangerous purpose.

• Possession for purpose of trafficking
• Simple possession
• Possession of weapon for dangerous purpose
• Expert evidence limits
• Circumstantial evidence
• Credibility assessment

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