Drug Trafficking, Schedule I, Other (Sentencing Cases)

From Criminal Law Notebook

Methamphetamine

See also: Drug Trafficking, Schedule I (Sentencing Cases)

Methamphetamines were re-classified from Schedule III to Schedule I in 2005.[1]

Case Name Prov. Crt. Sentence Drug / Quant. Summary
R v Hofsteede, 2018 ONCA 31 (CanLII), per curiam ON CA 54 months (global) The offender was found guilty of possession for the purpose of trafficking of methamphetamine, marijuana, and morphine. He also was in simple possession of other drugs. He had a record spanning 30 years, including convictions for drug trafficking.
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Keywords: None
R v Daschner, 2013 ABQB 103 (CanLII), per Hughes J AB SC 18 months imprisonment 2.1 gr offender ran sophisticated trafficing operation from his apartment. $60,000+ in proceeds was found as well.
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Keywords: None
R v Bernard, 2012 ONSC 4009 (CanLII), per Ramsay J ON SC 4 to 12 years 20kg+
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Keywords: None
R v Barnett, 2011 BCPC 320 (CanLII), per Raven J BC PC 12 months imprisonment meth-amphetamines; handgun found in house
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Keywords: None
R v Egorov, 2006 BCPC 516 (CanLII), per J BC PC CSO
R v Bamdad, 2005 BCSC 755 (CanLII), per J BC SC 24 months imprisonment

Ecstacy/MDMA

Case Name Prov. Crt. Sentence Drug / Quant. Summary
R v Kurdydyk, 2017 MBQB 2 (CanLII), per Perlmutter ACJ MB SC 12 months imprisonment The offender was found driving a vehicle in which the police 2 bags of MDMA each containing 7 grams. He was 19 years old with no criminal record.
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Keywords: None
R v Geiger, 2016 ABCA 337 (CanLII), per O’Ferrall JA AB CA 18 months imprisonment The offender plead guilty to selling ecstasy to an undercover officer on three occasions. Trial Judge gave 3 years suspended sentence.
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Keywords: None
R v Cleghorn, 2015 NSPC 54 (CanLII), per Tax J NS PC
R v Kwong, 2013 MBQB 1 (CanLII), per Perlmutter J MB SC 4 years (traffic) $37k worth offender was trafficking ecstacy, marijuana and cocaine
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Keywords: None
R v Calder, 2012 NSCA 3 (CanLII), per Hamilton JA NS CA 30 months (Sch I drug)
3 months (Sch. II drug)
Lawyer smuggles hydromorphone (a Schedule I drug) and marijuana (a Schedule II drug) to remanded client in a "prison pack" through interview room.
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Keywords: prison
R v Ling, 2012 ONSC 654 (CanLII), per McWatt J ON SC 10 to 14 years production and trafficking of Ketamine and MDMA
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Keywords: None
R v Christie, 2009 BCPC 97 (CanLII), per Bennett J BC PC 2 years "is a case involving possession of 968 tablets of ecstasy for the purpose of trafficking. The offender was 29 and had a prior conviction in the United States for conspiracy to import marihuana on which he received a five year sentence. He was ultimately transferred to Canada and released on parole and was on parole when arrested for the ecstasy offence. He had some addiction issues, but Judge Buller Bennett found him to be motivated by profit and gave him two years in jail. The Crown says this case is less serious than Mr. Dam’s situation, but of course Mr. Christie’s record was significantly more serious." (Quoting from R v Dam, 2010 BCPC 289)
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Keywords: None
R v Moore, 2009 BCSC 1926 (CanLII), per N Brown J BC SC 4 years (global) offender was a jail guard who smuggled in drugs (marijuana, ecstacy, steroids) to penitentiary.
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Keywords: prison
R v Kaasa, 2008 ABPC 146 (CanLII), per Semenuk J AB PC 6 months imprisonment 21 ecstacy pills "the accused had sold 2 ecstasy pills to an undercover police officer for $40. Shortly thereafter, he was arrested and during a search incidental to arrest, a further 21 ecstasy pills with a street value of $420 and $70 in cash were located in his possession. The accused was 27 years old and he had a prior criminal record for property offences and several failures to comply with court orders. He had abused illicit street drugs since his early teens and had surrounded himself with individuals who were immersed in the drug subculture. The accused had completed grade 11, but left school to work full time, had strong family support and recently started a new common-law relationship, changed his peer group and had abstained from the use of illicit drugs for about 18 months. Although the pre-sentence report was generally positive, the court concluded that due to the prior convictions for breaching court orders, he was a risk to re-offend in the community, and concluded that a CSO would not be consistent with the principles of denunciation and deterrence. The offender was sentenced to 6 months in prison for the possession of the MDMA for the purpose of trafficking." (Quoting from R v Cleghorn, 2015 NSPC 54)
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Keywords: undercover
R v Idris, 2007 ABPC 211 (CanLII), per AJ Brown J AB PC CD and 30 mo probation 6 pills of ecstasy summary conviction offence; crown sought 12 months CSO
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Keywords: None
R v Houle, 2007 ABCA 407 (CanLII), per Belzil J AB CA 12 months imprisonment
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Keywords: None
R v Buzzell, 2006 ABQB 272 (CanLII), per Burrows J AB SC 6 mo after 1.5 years remand credit 8 occasions of trafficking meth ranging from 3.5 grams to 5 ounces
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Keywords: None
R v CB, 2006 ABPC 167 (CanLII), per Dunnigan J AB PC 2 years less a day CSO marijuana, resin, valium, ecstacy "the accused was approached and asked to smuggle a package into a federal prison destined for an inmate who was serving a life sentence. C.B. was unaware of the exact nature of the drugs or their value. The drugs included Schedule II, III and IV drugs. There were no Schedule I drugs brought in. C.B. had one unrelated and dated conviction for theft under. The Court stressed that no Schedule I drug was involved, the accused herself was not a typical drug user or dealer, she was not a hardened criminal, and that she was not apt to re-offend." (Quoting from R v Gargas, 2012 ABPC 327) "There were a number of mitigating factors: a guilty plea and a consent to a body search when the drugs were detected. The aggravating factors were a record for a single, unrelated offence and the fact that the accused, who was the sole caregiver to her two sons had as the destination for the drugs the federal penitentiary." (Quoting from R v Lounsbury, 2007 NSPC 80)
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Keywords: None
R v Toor, 2006 BCCA 347 (CanLII), per Rowles JA BC CA 32 month sentence 500 pills of ecstasy
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Keywords: None
R v Gallant, 2006 NBQB 380(*no CanLII links) NB SC 2 years less a day imprisonment 890 ecstasy pills
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Keywords: None
R v Sigurdson, 2005 CanLII 46573 (MB PC), per Sandhu J MB PC 3 months imprisonment 54 gr methamphetamine and 69 ecstasy pills
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Keywords: None
R v Wong, 2004 ABCA 260 (CanLII), per Hunt JA AB CA
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Keywords: None
R v Chow, 2003 ABPC 120 (CanLII), per Fradsham J AB PC
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Keywords: MDMA
R v Bouaban, 2002 ABQB 128 (CanLII), per Phillips J AB SC
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Keywords: MDMA
R v Carbert, 2001 ABPC 61 (CanLII), per J AB PC 9 months CSO "the accused was charged with selling four Ecstasy pills to an undercover police officer for $100. The accused had an unrelated youth record. The Judge noted the accused possessed good character and accepted that this transaction was not for profit but to help out a drug addict friend. The accused also pleaded guilty to the offence. The accused received a conditional sentence of nine months." (Quoting from R v Corpuz, 2014 ABQB 290)
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Keywords: None
R v Bedford, 2000 NSCA 100 (CanLII), per Glube CJ NS CA 12 months CSO
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Keywords: esctacy — sell two pills — buyer died
R v Russell & Grenfal, 2000 BCSC 27 (CanLII), per Romilly J BC SC 4 years 943 Ecstasy pills
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Keywords: None
R v Kaasa, 2008 ABPC 146 (CanLII), per Belzil J AB PC 6 months imprisonment 21 pills in possession; sold 2 to undercover some record; 27 years old
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Keywords: None
R v Ferguson, 2005 ABPC 37 (CanLII), per Lamoureux J AB PC 3.5 years imprisonment ecstasy and K
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Keywords: None
R v Biery, 2002 BCCA 552 (CanLII), per J BC CA 18 months imprisonment ecstasy and cocaine
R v Bercier, 2004 MBCA 51 (CanLII), per Monnin J MB CA 15 months imprisonment "the accused appealed his sentence of 15 months of imprisonment followed by 2 years of probation for the possession of marijuana, cocaine and 91 tablets of ecstasy for the purpose of trafficking. The accused had been in pre-trial custody for 6 months prior to sentencing, and as a result, the effective sentence of imprisonment was 28 months. The focus of the accused's appeal was that the sentence imposed for the 91 tablets of ecstasy was harsh and excessive, since ecstasy was a CDSA schedule III substance with lower maximum penalties than the schedule I substance [cocaine], and the sentencing judge should have taken that difference into account. The accused was 20 years old, he had prior convictions for failure to comply with court orders, but no prior drug convictions. The pre-sentence report was found to be "discouraging" and the probation officer believed that the accused was a high risk to re-offend." (Quoting from R v Cleghorn, 2015 NSPC 54)
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Keywords: None

GHB

Case Name Prov. Crt. Sentence Drug / Quant. Summary
R v Sansalone, 2013 ONCA 226 (CanLII), per curiam ON CA 5 years imprisonment
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Keywords: None

Ketamine

Case Name Prov. Crt. Sentence Drug / Quant. Summary
R v McMorris,
2020 ONCA 844 (CanLII), 398 CCC (3d) 179, per Nordheimer JA
ON CA 10 years imprisonment
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Keywords: None

See Also