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Criminal law 2022 BCCA 382

R. v. Garie

The Court upheld a nine-month jail sentence for dial-a-dope trafficking, holding the sentencing judge made no error and that a CSO, suspended sentence, or intermittent sentence was not fit.

  • Drug trafficking
  • Conditional sentence order
  • Suspended sentence
  • Intermittent sentence
  • Fresh evidence
  • Appellate review
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Criminal law 2022 BCSC 1849

R. v. Karaim

The court held Darren Kinney’s arrest and the vehicle and purse searches lawful, but found Alina Karaim was detained and her Charter ss. 9 and 10 rights were breached.

  • Warrantless arrest
  • Search incident to arrest
  • Investigative detention
  • Charter ss.8,9,10,24(2)
  • Controlled drugs and substances act offences
  • Search-incident-to-arrest
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Criminal law 2021 BCSC 2665

R. v. Ryan

The court acquitted Michael Andrew Ryan of possession for the purpose of trafficking, but convicted him of simple possession of cocaine, methamphetamine, and fentanyl found on his person.

  • Possession
  • Constructive possession
  • Trafficking
  • Circumstantial evidence
  • Expert opinion
  • Constructive-possession
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Criminal law 2021 BCCA 439

R. v. Woolsey

The Court of Appeal allowed a sentence appeal in a cannabis trafficking case after finding the judge failed to address the appellant’s request for a conditional discharge.

  • Conditional discharge
  • Public interest
  • Sentencing principles
  • Trafficking in cannabis
  • Probation
  • Victim surcharge
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Criminal law 2020 BCSC 2300

R. v. Aeichele

Two accused were convicted of possessing methamphetamine, cocaine and fentanyl for trafficking after police interrupted an apparent dial-a-dope drug sale.

  • Possession
  • Trafficking
  • Search and seizure
  • Section 10 charter rights
  • Section 24(2) exclusion
  • Circumstantial evidence
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Criminal law 2018 BCSC 619

R. v. Thompson

On a Charter voir dire, the court upheld Thompson's warrantless arrest, the incidental search, and a later search warrant, finding reasonable grounds on the totality of the surveillance.

  • Arrest without warrant
  • Reasonable and probable grounds
  • Search incidental to arrest
  • Search warrant (ito) sufficiency
  • Anonymous tips/informant privilege
  • Surveillance evidence
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Criminal law 2016 NSSC 20

R. v. Shea

The court accepted the joint recommendation because a two‑year federal term was within the acceptable sentencing range for possession for the purpose of trafficking of a Schedule I substance given the offender's criminal history, the need for denunciation and deterrence, and relevant authorities; imposed 2 years' imprisonment, 6 months concurrent for breach, and ordered forfeiture, a lifetime firearms prohibition and a DNA collection order.

  • Possession for the purpose of trafficking
  • Breach of probation
  • Forfeiture
  • Firearms prohibition
  • Dna collection
  • Sentencing principles
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Criminal law 2010 BCSC 1863

R. v. Rezaie

Sentencing decision in a cocaine trafficking case. The court imposed six months’ imprisonment, ordered DNA sampling, a lifetime firearms ban, and forfeiture of cash.

  • Possession for the purpose of trafficking
  • Conditional sentence vs incarceration
  • Denunciation and deterrence
  • Dna order for databanking
  • Forfeiture of offence-related property
  • Prior convictions
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Constitutional law 2008 FC 33

Sfetkopoulos v. Canada (Attorney General)

The Federal Court held that subsection 41(b.1) of the MMAR unjustifiably limited access to medical marihuana, declared it invalid, and sent the refusals back for reconsideration.

  • Section 7 charter
  • Judicial review
  • Regulatory validity
  • Remedies
  • Access to medical marijuana
  • Section-7-charter
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Criminal law 2007 BCSC 1840

R. v. Osborne

Sentencing reasons for a drug trafficking case where the court imposed a nine-month conditional sentence and two years’ probation, emphasizing rehabilitation and supervision.

  • Trafficking
  • Possession for the purpose of trafficking
  • Conditional sentence
  • Probation
  • Forfeiture
  • Firearms prohibition
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.