Canada Case Law

R. v. Singh

Court

British Columbia Court of Appeal

The sentencing judge properly considered and balanced the appellant's family and child‑care collateral consequences, motive and guilty pleas against the significant gravity and moral blameworthiness of kilogram‑level cocaine trafficking; no error in principle was shown that affected the sentence, the fresh evidence failed the Palmer criteria, and therefore the three and one‑half year custodial sentence is maintained.

Source excerpt

• Trafficking in cocaine
• Possession for the purpose of trafficking
• Conditional sentence
• Collateral consequences (family/child impact)
• Fresh evidence (palmer test)
• Range of sentence

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R. v. Aubin

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Brandon Aubin’s appeal, finding no prejudice from trial counsel’s failure to retain an expert on fire origin.

• Ineffective assistance of counsel
• Prejudice standard
• Expert evidence admissibility
• Causation in arson
• Legal aid funding
• Appeal procedure

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R. v. Oldham

Court

Supreme Court of Nova Scotia

Applying the law on circumstantial evidence and constructive possession, the Crown failed to exclude reasonable alternative inferences because the accused was a sporadic occupant of a multi‑person residence, multiple others had access to the locations where drugs and paraphernalia were found, and there was insufficient evidence of the requisite knowledge and control to prove constructive possession and intent to traffic beyond a reasonable doubt; therefore acquittal was required.

Source excerpt

• Possession for the purpose of trafficking
• Constructive possession
• Circumstantial evidence
• Burden and standard of proof
• Controlled drugs and substances act interpretation

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R. v. Shaw

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted leave but dismissed Leabert Shaw’s sentence appeal, upholding a four-year sentence for firearm and drug offences.

• Sentencing principles
• Family consequences of incarceration
• Possession of firearm
• Possession of controlled substances
• Standard of review: demonstrably unfit
• Sentencing

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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. Dhami

Court

Supreme Court of British Columbia

The court accepted a joint submission and sentenced Gary Dhami to three years' imprisonment for trafficking cocaine and methamphetamine, with ancillary orders.

• Trafficking
• Controlled drugs and substances act
• Ancillary orders
• Joint submission
• Parity principle
• Sentencing

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R. v. Alexander

Court

Supreme Court of British Columbia

Sentencing after conviction for trafficking controlled substances in Nanaimo. The court imposed 30 months for fentanyl, concurrent terms on other counts, and ordered ancillary firearms, DNA, and forfeiture orders.

• Trafficking
• Totality principle
• Denunciation
• Deterrence
• Presentence custody credit
• Ancillary orders

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R. v. Islam

Court

Supreme Court of British Columbia

Sentencing for cocaine possession for the purpose of trafficking. The court imposed a 20-month conditional sentence order with strict house arrest, curfew, and ancillary orders.

• Possession for the purpose of trafficking
• Conditional sentence order availability and terms
• Denunciation and deterrence
• Proportionality and parity in sentencing
• Ancillary orders: forfeiture, dna, firearms prohibition, victim surcharge
• Possession-for-the-purpose-of-trafficking

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R. v. Corbett

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Fallon Corbett’s appeal from convictions for drug trafficking and weapons offences, finding the trial judge made no reviewable error.

• Possession for the purpose of trafficking
• Circumstantial evidence
• Credibility and reliability of witnesses
• Search warrant execution
• Application of r. v. villaroman
• Drug-trafficking

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R. v. Mercieca

Court

Supreme Court of British Columbia

Ms. Mercieca received a two-year sentence for possession of methamphetamine for the purpose of trafficking after the court rejected a conditional sentence order.

• Possession for the purpose of trafficking
• Conditional sentence order
• Proportionality in sentencing
• Aggravating and mitigating factors
• Dna order
• Firearm prohibition

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