Canada Case Law

R. v. Heikel

Court

Supreme Court of British Columbia

On the balance of probabilities the combined video evidence, credible witness testimony and admitted narrative established that Heikel sold a substance to the male visitor; that trafficking constituted an aggravating factor and, given Heikel's repeated breaches, serious underlying offences and prior warnings, termination of the conditional sentence and commitment to custody until sentence expiration was the appropriate disposition under s.742.6(9).

Source excerpt

• Breach of conditional sentence
• Trafficking
• Standard of proof - balance of probabilities
• Aggravating factors
• Evidence and witness credibility

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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. 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. Folk

Court

Court of Appeal for Ontario

The Ontario Court of Appeal released Jeremy Folk pending appeal after finding his manslaughter appeal grounds were clearly not frivolous and the Oland balance favoured review.

• Manslaughter
• Release pending appeal
• Bail
• Causation
• Objective foreseeability
• Trafficking

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R. v. Alexander

Court

Supreme Court of British Columbia

The court convicted Peter Anthony Alexander of four CDSA trafficking-possession counts, finding he constructively possessed drugs in a Nanaimo living room and intended trafficking.

• Possession
• Constructive possession
• Joint possession
• Trafficking
• Credibility assessment
• Circumstantial evidence

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R. v. De Castro

Court

Supreme Court of British Columbia

After guilty pleas to drug trafficking-related offences, the court imposed 12 months’ concurrent imprisonment, rejecting a conditional sentence because of youth involvement and the scale of the operation.

• Possession for purpose of trafficking
• Trafficking
• Conditional sentence
• Denunciation
• Deterrence
• Youth victimization

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R. v. Draves

Court

Supreme Court of British Columbia

The court accepted a joint sentencing submission and imposed a 10-year global sentence for drug trafficking and firearms offences, with credit for pretrial custody and ancillary orders.

• Trafficking
• Possession
• Firearms possession and prohibition
• Credit for pretrial custody
• Joint sentencing submission
• Totality principle

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R. v. Zanatta

Court

Supreme Court of British Columbia

Sentencing reasons for Mateo Zanatta, who pleaded guilty to three trafficking counts. The court accepted a six-year joint submission and imposed ancillary orders.

• Trafficking
• Sentencing range for mid‑level trafficking
• Pre‑sentence custody credit
• Joint sentencing submission
• Ancillary orders (weapons prohibition, forfeiture, dna)
• Aggravating and mitigating factors

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