Canada Case Law

R v Wint

Court

Supreme Court of Nova Scotia

Having accepted the Crown's evidence on quantity and commercial sophistication for cocaine but also recognizing mitigating factors including the IRCA and rehabilitation prospects, the judge imposed a custodial sentence at the low end of established ranges: 5 years for cocaine trafficking, 4.5 years for fentanyl trafficking, one year for possession of proceeds, and one month for driving while prohibited; ancillary orders (life weapons prohibition, DNA order, forfeiture) were imposed, a remand credit of 12 days was applied, and the Crown's request for a further two-year post-release driving pro…

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• Trafficking
• Possession for purpose of trafficking
• Sentencing ranges and parity
• Remand credit
• Ancillary orders (weapons prohibition, dna, forfeiture)
• Impact of systemic racism / irca in sentencing

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R. v. Smith

Court

Supreme Court of British Columbia

The court acquitted the accused on trafficking counts after finding reasonable doubt about possession of narcotics in his vehicle, but convicted him on admitted GHB and weapons counts.

• Possession
• Possession for the purpose of trafficking
• Possession of prohibited weapons
• Controlled delivery
• Admissions under s.655 criminal code
• Circumstantial evidence and reasonable doubt

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R. v. Clementi

Court

Supreme Court of British Columbia

After a guilty plea to fentanyl trafficking, the court found exceptional circumstances and suspended sentence, imposing 36 months' probation and conditions focused on recovery.

• Trafficking fentanyl
• Sentencing range (smith)
• Exceptional circumstances
• Rehabilitation vs deterrence
• Ancillary orders (s.109)
• Sentencing

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R. v. Buttazzoni

Court

Court of Appeal for Ontario

The Court upheld the convictions because the trial judge properly found on the evidence that the appellant joined the conspiracy to import prior to the factual completion of the importation (factual completion here being when the container became available to the recipient on June 13, 2012), the trial judge properly exercised discretion in admitting overheard utterances because adequate context existed making them probative, and the sentence was reduced to 15 years because the trial judge erred in principle by treating the appellant as equal to the primary importer for sentencing purposes.

Source excerpt

• Conspiracy to import
• Possession for purpose of trafficking
• Timing of importation
• Co-conspirator hearsay exception
• Admissibility of overheard utterances
• Sentencing disparity

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R. v. Scheuer

Court

Supreme Court of British Columbia

Iveta Scheuer was sentenced to three years for importing opium and possessing it for trafficking, with concurrent terms, credit for time served, and ancillary orders.

• Importation of drugs
• Possession for purpose of trafficking
• Wilful blindness
• Sentencing principles
• Ancillary orders (dna, weapons prohibition)
• Drug-importation

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R. v. Sidhu

Court

Court of Appeal for Ontario

The trial judge erred by treating heroin as only marginally more dangerous than cocaine and by treating wilful blindness as mitigating; on the facts — a first‑offender courier who imported 9.56 kg of high‑grade heroin for personal gain — the appropriate sentence falls within the higher 12–17 year range, and the imposed sentence was increased to 14 years 9 months after credit for pretrial custody.

Source excerpt

• Sentencing ranges
• Courier liability
• Wilful blindness
• Aggravating and mitigating factors
• Pretrial custody credit

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R. v. Lewis

Court

Supreme Court of Nova Scotia

The court held that the initial police contact did not amount to an arbitrary detention; in any event the dog’s positive indication together with the accused’s nervous behaviour and criminal record provided articulable cause for detention and arrest; the subsequent search was a lawful search incident to arrest, the accused’s s.10 rights were not breached, and the narcotics evidence is admissible and not excluded under s.24.

Source excerpt

• Detention
• Arrest
• Right to counsel
• Search incidental to arrest
• Exclusion of evidence s.24
• Drug detection dogs

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R. v. Innocente

Court

Supreme Court of Nova Scotia

The court denied appointment of counsel for the entire trial and for bail because the Rowbotham criteria were not satisfied and no exceptional circumstances were shown, but allowed and recognized counsel for limited specific motions (autrefois convict and specified Charter motions) already retained.

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• State-funded counsel
• Right to counsel
• Rowbotham test
• Disclosure
• Double jeopardy
• Autrefois convict

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R. v. Kwok

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Kwok’s appeal, rejecting claims of unreasonable delay, improper analyst’s certificate notice, and an unreasonable verdict on trafficking.

• Unreasonable delay
• Section 11(b) charter
• Possession for the purpose of trafficking
• Analyst's certificate notice under nca s.9(3)
• Identification evidence
• Admission of certificate of analysis

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R. v. Lazeo

Court

British Columbia Court of Appeal

Court of Appeal cut a currency-exchange money laundering sentence from 27 months to 24 months less one day, holding incarceration was still required for deterrence.

• Sentence reduction
• Conditional sentence
• General deterrence
• Specific deterrence
• Attempt
• Currency exchange record-keeping

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