Drug Trafficking, Schedule I, Opiates (Sentencing Cases)

From Criminal Law Notebook
See also: Drug Trafficking, Schedule I (Sentencing Cases)

Digests

(Morphine / Heroin / Fentanyl)

Case Name Prov. Crt. Sentence Drug / Quant. Summary
2023
R v Hubick, 2023 BCPC 146 (CanLII), per Rideout J BC PC
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Keywords: None
R v Singh, 2023 BCPC 70 (CanLII), per Arthur-Leung J BC PC
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Keywords: None
R v Wheham, 2023 ONCJ 379 (CanLII), per McKerlie J ON PC
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Keywords: None
2022
R v Kim, 2022 BCSC 518 (CanLII), per Devlin J BC SC 5 years imprisonment
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Keywords: dial-a-dope — fentanyl
R v Pelgrom, 2022 BCSC 1058 (CanLII) BC SC
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Keywords: None
2021
R v Nelson, 2021 BCCA 192 (CanLII), per Abrioux J BC CA 11 years
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Keywords: None
R v Parranto, 2021 SCC 46 (CanLII) SCC
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Keywords: None
R v Gill, 2021 ONCJ 224 (CanLII), per Bourgeois J ON PC
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Keywords: None
2020
R v White, 2020 NSCA 33 (CanLII), per Saunders JA NS CA
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Keywords: None
R v Brennan, 2020 ONCJ 128 (CanLII), per Agro J ON PC
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Keywords: None
2019
R v Lloyd, 2019 BCCA 128 (CanLII), per Stromberg-Stein JA BC CA
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Keywords: None
2018
R v Stipou, 2018 NWTSC 7 (CanLII), per Smallwood J NWT SC
R v Joumma, 2018 ONSC 317 (CanLII) ON SC "the offender pleaded guilty to two counts of possession for the purpose of trafficking involving 2.55 grams of cocaine and 139 fentanyl pills marked as if they were oxycodone. This was a street‑level dial‑a‑dope operation with an offence date of October 2016. The offender was 18 years old and had no adult criminal record, although he did have a youth record for unrelated offences. He received a total sentence of four years' incarceration with the court noting the sentence would have been at least six years, but for the offender's youth and guilty pleas."[1]
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Keywords: None
R v Cinelli, 2018 ONSC 4983 (CanLII), per Bawden J ON SC
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Keywords: None
R v Nazarek, 2018 BCSC 259 (CanLII), per Watchuk J BC SC 2 years imprisonment "the offender pleaded guilty to possession of cocaine and fentanyl for the purpose of trafficking. The offence date was December 2016. The charges arose out of the discovery of cash and drugs in the home of the offender and her husband. A large amount of drugs was found, including over 2,000 fentanyl pills. The offender and her husband were both charged, but the offender's guilty pleas related to only some of the drugs, specifically 195.7 grams of cocaine and 59 fentanyl pills found in the laundry room. The other items found in the residence were said to form part of the circumstances of the offence generally, but not the circumstances specifically relating to the offences for which the offender had entered guilty pleas. The sentencing judge described the circumstances as reflecting mid‑level trafficking and noted that, as such, the ranges set out in Smith were of limited assistance, since they relate to street‑level trafficking. Aggravating factors included the fact that the parties were operating a continuing mid‑level operation indicative of premeditation, sophistication and planning with a profit motive, and that their two young children were present in the home. Mitigating factors included the guilty plea and the offender's expression of regret and willingness to get treatment. A sentence of two years' incarceration plus one year probation was imposed."[2]
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Keywords: None
R v FDW, 2018 BCPC 374 (CanLII) BC PC 10 years imprisonment "Wolf P.C.J. imposed a sentence of ten years to a mid level heroin, cocaine, and fentanyl trafficker with 13 prior convictions, Mr. Chan submits that the offender in F.D.W. was a hardened criminal who was likely to reoffend, hence he was at the opposite end of the spectrum from Mr. Chan"
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Keywords: None
R v Johal, 2018 BCSC 549 (CanLII), per Kent J BC SC "the offender was convicted on three counts of possession for the purpose of trafficking. The offence date was August 2015. The substances were heroin, fentanyl, and a derivative of fentanyl, all three of which were contained within each of more than 1,000 pills described as "counterfeit OxyContin". The sentencing judge found the offender was trafficking at a distributor level and not just a street level. He found that given the large quantity of potentially lethal drugs involved, it did not really matter what the offender's specific role was in the distribution scheme. He also observed that the weight of authority is that the Smith sentencing regime does not apply to offences that occurred in July or August 2015 and that, in any event, the sheer quantity of the fentanyl involved rendered those ranges either completely inapplicable or militated in favour of their highest maximums. The primary mitigating factor was that the offender was a first‑time offender with no previous record. The sentencing judge noted he was relatively youthful at 23 years old at the time of the offence. He had a wide circle of family and friends who were supportive of him and who would assist him with obtaining employment and staying on the right path. A sentence of two years less a day incarceration followed by two years' probation was imposed."[3]
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Keywords: None
2017
R v Loor, 2017 ONCA 696 (CanLII), per Laskin JA ON CA
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Keywords: None
R v Lee, 2017 BCPC 37 (CanLII), per Rideout J BC PC 6 months imprisonment 235 g heroin
431.72 g cocaine

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Keywords: None
R v Fyfe, 2017 SKQB 5 (CanLII), per Danyliuk J SK SC 5 years, 30 days (global)
2.5 years (fentanyl) x 2

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Keywords: None
R v Naccarato, 2017 BCSC 645 (CanLII), per Pearlman J BC SC suspended sentence 58.3 grams heroin laced with fentanyl "he offender was convicted on one count of possession of heroin for the purpose of trafficking. The amount of heroin involved was 58.3 grams and it was laced with fentanyl. The offender was 24 years old at the time of the offence, and 26 years old at the time of sentencing. She had a difficult childhood, was diagnosed with ADHD, and dropped out of school in Grade 11. At the time of the offence, she was addicted to crystal meth and was a street‑level drug dealer. She had no prior criminal record. The offender stopped using drugs following her arrest. At the time of the sentencing she had been clean for over a year. She attended a 90‑day residential treatment program for her addiction and her addiction counsellor reported that she actively participated, was fully compliant, and took full responsibility for her actions during her addiction. The addiction counsellor believed a custodial sentence would be an obstacle to her continued progress in re-adjusting to healthy living. The offender was also participating in cognitive behavioural therapy for relapse prevention. She was an active participant in Narcotics Anonymous. Many of her friends, counsellors, and fellow participants in Narcotics Anonymous attended the hearing. Many provided letters of support, with some specifically noting she had expressed remorse. She expressed remorse in the courtroom. Justice Pearlman noted that because the offence was committed in December 2014, the Voong sentencing range of six to 18 months, absent exceptional circumstances, applied. He found the offender's significant and continuing efforts towards rehabilitation, which were verified by her clinicians, counsellors, and the sponsor, amounted to exceptional circumstances. He concluded a prison sentence would likely expose her to persons in the drug trade and would do more harm than good. In these particular circumstances, he imposed a suspended sentence with a three‑year term of probation."[4]
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Keywords: None
R v Creuzot, 2017 BCSC 1075 (CanLII), per Jenkins J BC SC 14 years imprisonment (global) "the offender pleaded guilty to possession of several drugs, including heroin with traces of fentanyl in it, all for the purpose of trafficking, as well as possession of a prohibited device and two counts of possession of a prohibited weapon. The offences occurred in July 2015. The sentencing judge found that the offender's activity was "'small time' at the street level." The offender was 51 years old and was a long-term addict. He had a significant criminal record related to illegal drugs. He suffered from various medical illnesses. The sentencing judge concluded that the increased Smith range was not applicable, given the timing. The judge distinguished trafficking in fentanyl from trafficking in other drugs containing traces of fentanyl, the former of which he characterized as more serious. He imposed a global sentence of 14 months' imprisonment and two years' probation."[5]
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Keywords: None
R v McCormick, 2017 BCPC 22 (CanLII), per Craig J BC PC 16 years imprisonment 30,000 fentanyl pills "the offender was sentenced to a total of 16 years in custody, reduced to 14 years on application of the totality principle, on two separate Informations, one stemming from offences committed in January and February 2015, and one stemming from offences committed in May 2016. The drugs involved were of huge volumes. They included something in the range of 30,000 fentanyl pills. The value of the drugs far exceeded that of the drugs found in Mr. Shah's home. The offender in McCormick was 53 years old at the time of sentencing. He had a drug and alcohol problem and a serious related criminal record. The sentencing judge characterized him as an entrenched drug trafficker, and noted that there was very little evidence of any prospect for his rehabilitation." [6]
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Keywords: None
2016
R v Castro, 2016 NWTSC 8 (CanLII), per Charbonneau J NWT SC 6 years imprisonment "the offender pleaded guilty to three separate counts of possession of fentanyl, cocaine, and marihuana, all for the purpose of trafficking. The offence date was April 2015. In what was described as a "wholesale commercial operation", the offender had large amounts of drugs including, among others, 593 fentanyl pills. The court noted the level of sophistication and the fact that the offender was on probation for a similar offence at the time as aggravating circumstances. The guilty plea was viewed as a very significant mitigating factor. A total sentence of six years' incarceration was imposed." [7]
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Keywords: None
R v Sihota, 2016 BCPC 410 (CanLII), per Gouge J BC PC 6 months imprisonment 42.7 grams The Judge also made a DNA Order and s. 109 Weapons Prohibition Order
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Keywords: None
R v Aujla, 2016 ABPC 272 (CanLII), per Van Harten J AB PC 7 years imprisonment (global)
7 years imprisonment (fentanyl)
5 years (heroin)
4 years (cocaine and Meth)
1 year (proceeds)
3 months (body armour)
The offender was convicted at trial of trafficking drug, possession of body armour and possession of proceeds of crime.
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Keywords: None
R v Healey, 2016 CanLII 26778 (NL PC), per Orr J NL PC 1 year (poss'n to traffick)
6 years (robbery)
The offender pleaded guilty to robbery with a mask and possession of Sch I drugs (codeine, morphine, hydromorphone, and methylphenidate).
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Keywords: None
R v DiBenedetto, 2016 ONCA 116 (CanLII), per curiam ON CA "the accused was sentenced after trial to 3 years for possession of 409.89 grams of heroin for the purpose of trafficking. His sentence was raised to 6 years on appeal."
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Keywords: None
R v Fitzsimmons, 2016 ONCA 107 (CanLII), per curiam ON CA 2 years imprisonment 213 OxyNeo and 7 Cesamet pills Offender brought pills to detention centre and had pills hidden on her. She was convicted at trial for possession for the purpose.
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Keywords: None
2015
R v Comer, 2015 ABPC 140 (CanLII), per Groves J AB PC 2 years 1/2 gr
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Keywords: guilty plea — 27-year-old offender — family support — addiction — no record
R v Feser, 2015 ABQB 786 (CanLII), per Wittmann J AB SC
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Keywords: None
2014
R v Yanke, 2014 ABPC 88 (CanLII), per J AB PC
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Keywords: None
2013
R v Taylor, 2013 NLCA 42 (CanLII), per White JA (2:1) NL CA 15 months imprisonment Penitentiary guard smuggles in 31 oxycodone pills; 38 morphine pills; less than 100 grams of marihuana; 3 ecstasy pills; 5 clonazepam pills; 48 other prescription pills; tobacco; a lighter; a cell phone charger and rolling papers
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Keywords: None
R v King, 2013 ONCA 417 (CanLII), per Epstein JA ON CA 42 months imprisonment 500 oxy pills Offender worked in doctor's office. She forged prescriptions at request of brother.
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Keywords: None
R v Bonnie, 2013 ONCJ 243 (CanLII), per Zisman J ON PC 2 months (marijuana)
8 months (oxycodone)

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Keywords: None
R v Grammatikos, 2013 MBQB 44 (CanLII), per McKelvey J MB SC 2 year CSO
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Keywords: None
R v Ducharme, 2013 MBPC 1 (CanLII), per Curtis J MB PC 12 months imprisonment 42 gr morphine smuggling drugs into a prison
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Keywords: None
2012
R v Leung, 2012 ABPC 158 (CanLII), per Semenuk J AB PC 3 years imprisonment 600 x 80 milligram Oxycodone tablets also sentenced on 7.1 g crack cocaine (1 year)
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Keywords: None
R v Lee, 2012 BCPC 169 (CanLII), per Blake J BC PC 9 months imprisonment .44 g also convicted of poss'n of <5g of cocaine -- part of dial a dope operation
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Keywords: None
R v Giammarco, 2012 CanLII 11239 (ON SC), per Hourigan J ON SC 5 to 6 years 3.5 kg heroin trafficking
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Keywords: None
R v Hernandez, 2012 BCSC 238 (CanLII), per Russell J BC SC 6 months imprisonment 4 g heroin
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Keywords: None
2011
R v Roche, 2011 CanLII 77682 (NL PC), per Hyslop J NL PC 25 months imprisonment 654 Oxycontin pills
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Keywords: None
R v Fortune, 2011 ONCJ 459 (CanLII), per J ON PC
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Keywords: heroin
2010
R v Taromi, 2010 ONCJ 304 (CanLII), per Bovard J ON PC 2 years less a day CSO two counts of trafficking heroin
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Keywords: None
R v Breau, 2004 NBPC 22 (CanLII), per Ferguson J NB PC 2 months (poss'n, hydro/oxy)
10 months (poss'n for trafficking, hydro)
breach undertaking (2 months)
The offender's residence was subject to a search where he was found injecting drugs. Later, he was being watched by police which resulted in a second search and arrest for breach and possession for purpose of trafficking.
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Keywords: None
R v Doiron, 2007 NBQB 79 (CanLII), per Léger J NB SC 12 months CSO 10.2g cocaine and 99 hydromorphone tablets no record; guilty plea
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Keywords: None
R v Domke, 2006 ABPC 252 (CanLII), per Allen J AB PC 5 years large quantity of pills
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Keywords: None
R v Cormier, 2006 NBQB 54 (CanLII), per McLellan J NB SC 3 years imprisonment more than a "few pills"
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Keywords: None
R v Pechawis, 2005 SKPC 25 (CanLII), per Whelan J SK PC 18 months CSO
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Keywords: None
R v McIntyre, 2004 NBPC 14 (CanLII), per Ferguson J NB PC 18 mo after 2 mo remand
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Keywords: None
R v Breau, 2004 NBPC 22 (CanLII), per Ferguson J NB PC 10 months imprisonment 1 capsule of Oxycontin, 2 capsules of Hydromorphone and 8 capsules of Dilaudid
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Keywords: None
2001
R v Whittaker, 2001 ABQB 601 (CanLII), per Lee J AB SC 4 years imprisonment sold 50+ pills of hydromorphone in 4 transactions
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Keywords: None
R v Whittaker, 2001 ABQB 873 (CanLII), per Veit J AB SC 12 mo 2 tablets of hydromorphone remand credit given
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Keywords: None
R v Knoll, 2001 ABQB 69 (CanLII), per Burrows J AB SC 2 years less a day CSO 41 pills of hydromorphone
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Keywords: None
2000
R v Laliberte (M.R.),
2000 SKCA 27 (CanLII), 189 Sask.R. 190, per Vancise JA
SK CA 12 mo CSO 12 dilaudids sold to undercover
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Keywords: None
R v Chung, [2000] O.J.No. 3360 SCJ(*no CanLII links) ON SC The offender "was found guilty after trial of possession of 92 grams of heroin for the purpose of trafficking. He had no prior criminal record. A sentence of 4 years was imposed."
Keywords: None
R v Keepness, 2000 SKCA 28 (CanLII), per Vancise JA SK CA 12 months CSO 2 dilaudids
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Keywords: None
1999
R v Kappeler (F.G.),
1999 ABCA 100 (CanLII), (1998), 232 AR 302 (CA), per Sulatycky JA
AB CA 40 months imprisonment sold two four milligram tablets of dilaudids to undercover officer
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Keywords: None
R v Zamini, , [1999] O.J. No. 3780 (C.A.) (*no CanLII links) ON CA 2 years less a day 50g heroin
Keywords: found guilty — 43-year-old offender