Full Text:Volume 6B

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See also: Full Text:Volume 6
See also: Full Text:Index
  • Full Text:Volume 6A (Terrorism, Organized Crime, Weapons, Sexual Offences, Disorder Offences, Violent Offences and Homicide)
  • Full Text:Volume 6B (Administration of Justice Offences, Motor Vehicle Offences, Drug Offences, Property Offences and Corruption Offences)
  • Full Text:Volume 6C (Evidence, Procedure and Search Cases)

Contents

Disobeying a Statute or Court Order

Case Digests

Contempt of Court

Case Digests

Case Name Sentence Summary
R v Omar,
2017 ONSC 1833 (CanLII), per Molloy J
3 years The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions.
R v Bidesi,
2016 BCSC 171 (CanLII), per Butler J
R v Carlick,
2013 YKSC 83 (CanLII), per Brooker J
R v McMillan,
2011 BCSC 1537 (CanLII), per Schultes J
18 months
R v Yegin,
[2010] OJ No 2083 (ONSC), 2010 ONCA 238 (CanLII), per curiam
4 years The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld".
R v Esrabian,
[2010] OJ No 2896 (S.C.J.)(*no CanLII links)
4 years The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.
R v Yegin, 2010 ONCA 238 (CanLII), per curiam 3 years
R v Jacob,
2008 MBCA 7 (CanLII), per Scott CJ
2 years
R v Abdullah,
2008 MBCA 48 (CanLII), per Scott CJ
3 years The judge said it could hardly be "worse case" and "worse offenders".
R v Abu-Sharife,
2006 BCSC 1981 (CanLII), per Grist J
2 years
R v Ayres,
(1984), 15 CCC (3d) 208 (ONCA), 1984 CanLII 3539 (ON CA), per Goodman JA
18 months The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate.

Escape from Lawful Custody

Case Digests

Case Name Sentence Summary
R v Schooner,
2013 BCCA 40 (CanLII), per Garson JA
1 year The offender plead guilty to being unlawfully at large.
R v Jackson,
2010 BCCA 330 (CanLII), 289 B.C.A.C. 157, per Kirkpatrick JA
3 months (at large) The offender was convicted of resisting arrest and escaping custody.
R v Gartner,
2010 BCCA 600 (CanLII), per Hall JA
30 days The offender was convicted of being unlawfully at large in violation of her intermittent sentence over two days. She had a record of prior breaches.
R v Addley,
2008 BCCA 460 (CanLII), per Finch JA
30 months The offender was convicted of prison break. He was 27 years old with a long criminal record, including 18 offences for non-compliance with the justice system.
R v Abraham,
2008 MBPC 14 (CanLII), per Sandhu J
1 year While at large he committed 15 armed robberies.
R v Beals,
2000 NSCA 43 (CanLII), per Bateman JA
18 months
R v Pelly
(1996), 113 Man. R. (2d) 209(*no CanLII links)
9 months The offender was convicted of prison break.
R v Mcleod,
1994 CanLII 4647 (SK CA), per Tallis JA
8 months
R v Downey,
1993 CanLII 3150 (NS CA), per Jones JA
12 months
R v Kelly,
[1983] B.C.J. No. 692 (*no CanLII links)
1 year The offender was convicted for running away from a peace officer who had lawfully arrestsed him. He had a long record of similar offences.
R v Shackleton,
[1978] B.C.J. No. 199(*no CanLII links)
2 months The offender was unlawfully at large from jail.
R v Hodson,
[1978] B.C.J. No. 196(*no CanLII links)
9 months The offender was convicted of being unlawfully at large. He had a prior related record.

Flight from a Peace Officer

Case Digests

Case Name Sentence Summary
R v Bridgman,
2016 ABCA 415 (CanLII), per Martin JA
6 months (dangerous)
15 months (flight)
R v Bonneteau,
2016 MBCA 72 (CanLII), per Pfuetzner JA
24 months (flight)
24 months (dangerous)
18 months (theft under)
1 month (Assault PO)
18 months (assault, weapon)
The offender plead guilty to the offence(s) of theft under $5,000, assault peace officer, breach of recog, flight from a peace officer, dangerous driving, and assault with a weapon.
R v Chaaban,
2011 ABPC 310 (CanLII), per Anderson J
8 months CSO
R v Johnston,
2004 ONCJ 111 (CanLII), per DiGiuseppe J
R v Pellizzon,
2003 ABCA 347 (CanLII), per Fruman JA
R v McLeod,
2003 YKSC 70 (CanLII), per Gower J
R v Tabor,
2004 BCCA 191 (CanLII), per Donald JA
R v Joyea,
2004 SKCA 17 (CanLII), per Gerwing JA
R v Nowlin,
2004 MBCA 44 (CanLII), per Huband JA
R c Major,
2003 CanLII 19300 (QC CQ), per Auger J
18 months (flight)
3 years (assault PO)
18 months (obstruct)
Offender was impaired and engaged in a street race, intentionally hitting another car. Police chase him, he threatened police with an axe and strangled officer causing harm. 5 year driving prohibition
R v Sturge,
2001 CanLII 8601 (ON CA), per curiam
18 months (flight)
6 years (global)
Offender committed 7 robberies on a spree and was pursued by police in a stolen car. He struck and injured a police officer in process.

Obstruction of a Peace Officer

Case Digests

Case Name Sentence Summary
R v Guess,
2000 BCCA 602 (CanLII), per Low JA
18 months
R v Watkins,
[1985] NSJ No. 277 (*no CanLII links)
12 months making false statement, causing investigation

Intimidation of a Justice System Participant

Ranges

Case Name Sentence Summary
R v Fensom,
2014 ABQB 238 (CanLII), per Topolniski J
1 year Offender threatened witness with a gun after being charged with aggravated assault.
R v Crazyboy,
2012 ABCA 228 (CanLII), per Martin JA
9 months Offender attempted to pressure the complainant not to testify. No threats of violence were made.
R v Viscomi,
2012 ABCA 135 (CanLII), per curiam
12 months Offender was charged with assaulting his mother. He called complainant and ordered her to withdraw her statement or else he would cut her tongue out.
R v Michel,
2010 NWTTC 9 (CanLII), per Schmaltz J
15 months threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea
R v Desjarlais,
2009 MBPC 45 (CanLII), per Lismer J
2 years (intimidation)
2 years (assault x 2)
Offender charged with two instances of domestic assault. He told the complainant to "forget everything".
R v Augustine,
2007 NBQB 158 (*no CanLII links)
3 years Complainant was approached with money and a plane ticket and then threatened that someone would get him if he chose to testify in a trial.
R v Munro,
[2000] OJ No 5993 (*no CanLII links)
8 years (global) Offender charged with aggravated assault and obstruction of justice. Offender made death threats against complainant if she testified.
R v Conway,
2005 CanLII 15449 (MB PC), per Preston J
15 months The offender plead guilty to intimidation and breach of probation. He threatened the probation officer and his children. He had a lengthy related record.
R v Thuraisingam,
[1997] OJ No 5424 (Ont. Gen Div.)(*no CanLII links)
2 years (intimidation)
6 months (asssault)
threats against complainant in a relatively minor assault.
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

Intercept of Private Communications

Case Digests

Prison Breach

Case Digests

  • No CanLII decisions on sentence prison breach as of May 2016.

Personating a Peace Officer

Case Digests

Perjury

Perjury

Case Name Sentence Summary
R v King,
2019 ONSC 2166 (CanLII), per Boucher J
2 years
R v Vanier,
2018 ONCS 4070 (CanLII), per Thorburn J
3 years
R v Hansen,
2016 ONSC 3583 (CanLII), per Braid J
5 years The offender was convicted of perjury for conspiring with an informer to set up a drug dealer for a serious offence. He sworn a false information to obtain a residential search warrant. He was a 41 year old and had been working with Hamilton police since 2000. The offence was an abused of special trust and involved planning and deliberation.
R v Schertzer,
2015 ONCA 259 (CanLII), per Benotto JA
3 years "Five members of the Toronto Police Service Drug Squad have lied about when a search was conducted - see if it was before or after the warrant arrived at the scene. The agents falsified their notes; have lied in a subsequent information to obtain a search warrant; and gave false testimony in order to conceal the real moment of execution of the search. All of the defendants were found guilty of attempting to obstruct justice. Three of the defendants were also convicted of perjury."
R v Millington,
2015 BCSC 1380 (CanLII), per Ehrcke J
30 months "Millington made false statements at the inquiry into the death of Robert Dziekanski at the Vancouver International Airport. He was one of the four police officers who had detained Mr. Dziekanski at the airport. Millington applied a taser to Mr. Dziekanski five times, which led to Dziekanski’s death. The perjury was on material aspects of the encounter, and his evidence had been contradicted by video. The testimony frustrated the ability of the inquiry in its search for answers. His evidence continued over several days and unfairly cast the victim in a negative light. Millington had no prior record and many letters referencing his good character. The court referred to numerous prior cases setting out the sentencing range for perjury. The court rejected the option of a conditional sentence because it would not adequately meet the need for deterrence and denunciation."
R v Robinson,
2015 BCSC 1535 (CanLII), per Smith J
2 years less a day "The accused, a police officer, was found guilty of perjury. He was present when a Taser was used against Robert Dziekanski at YVR airport. Mr. Dziekanski died later. The accused testified at a public inquiry and lied about the circumstances that led to Mr. Dziekanski's death."
R v Lamoureux,
2015 QCCQ 11790 (CanLII), per Lachance J
10 months
R v Reyat, 2014 BCCA 101 (CanLII), per Saunders JA 9 years "A jury found Reyat guilty of perjury in proceedings that alleged 19 false statements. Reyat was a key witness in the murder trial of two Air India bombers, Malik and Bagri. Reyat had falsely claimed he did not remember important details of the narrative. His evidence foreclosed a relevant line of questioning and related to central events in the matter. His conduct was characterized as a stain on the process of a mass murder trial and was a deliberate attempt to frustrate justice. Reyat had also been convicted of three counts of manslaughter related to the Air India bombing prior to the Malik and Bagri trial. He received the longest sentence in Canadian history for perjury, 9 years’ imprisonment." The offence was politically motivated. He was previously convicted of manslaughter linked to the bombing.
R v Webster,
2014 CanLII 66459 (NL SC), per Handrigan J
6 months
R v Akinyemi,
2014 ONCJ 278 (CanLII), per De Filippis J
90 days found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.
R v Owen,
2015 ONCA 462 (CanLII)(complete citation pending)
18 months CSO
R v Bermudez,
2013 ONCJ 113 (CanLII), per Brewer J
3.5 years "Burmudez plead guilty to eight counts of giving contradictory evidence in the proceedings related to his former common-law partner’s second-degree murder charge. The charge related to the death of her two-year old daughter. He gave contradictory evidence at various points in the proceedings about significant aspects of the evidence involving the commission of the offence, and his contradictions resulted in delays in the proceedings. He had a prior conviction for fraud and breach of probation. His motivation was related to his relationship with the accused. He had been abusing substances since the death of the child and his own child had been apprehended and made a ward of the state. He had a supportive family and had maintained gainful employment." He was 39 yeras old. He plead guilty and accepted responsibility. He was on strict conditions for 20 months.
R v Talbot,
[2013] O.J. No. 3230 (SC)(complete citation pending)
16 months "At his bail hearing for a breach of probation charge, the accused provided two fabricated letters and gave false oral evidence suggesting that he was employed and that he required bail to maintain that employment. These actions were found to show significant planning and deliberation. The evidence was for his own benefit and it resulted in him ultimately receiving an intermittent sentence for the underlying offence. He accused was indigenous and had a history of substance abuse. He had a lengthy prior record. He plead guilty and he had participated in counselling and rehabilitative efforts."
R v Slobbe,
2011 BCCA 107 (CanLII)
3 months
R v White,
2010 ONSC 6539(complete citation pending)
30 months "White gave perjured evidence in his own trial for possession of a firearm and possession of marijuana for the purpose of trafficking. Had the accused’s evidence been accepted, it would have resulted in the police evidence being rejected. In mitigation the accused was an involved parent of two children. In aggravation, the perjury was planned and deliberate, and his sister assisted by corroborating his perjured evidence. The evidence accused the police of lying and had been repeated in multiple proceedings (in a first trial, and on the retrial following an appeal). The underlying offence was very serious."
R v Jackson,
2010 BCCA 330 (CanLII)(complete citation pending)
30 months
R v Adams,
2009 NSPC 44 (CanLII), per Williams J
6 months
R v Rodney,
2007 CanLII 28222 (ON SC), per Ferguson J
3 month CSO
R v Deutsch,
2007 CanLII 48986 (ON SC)
1 year
R v Hedderson,
2006 CanLII 15422 (NL P.C.), per Gorman J
2 years
R v Corbett,
2006 BCCA 257 (CanLII)
1 year
R v JWC,
[2005] BCJ No. 2710 (P.C.), 2005 BCPC 565 (CanLII), per Moon J
18 months

The accused "filed an application in Supreme Court in Vancouver to vary the terms of his bail. [It included] a letter sworn by Mr. J.W.C. to be from his employer. The contents of the affidavit and the supporting letter explain the reasons and need for the bail variation. ...In fact, the letter attached to the affidavit was not written by Mr. J.W.C.’s employer. ... Mr. J.W.C. wrote and signed the letter without the employer’s knowledge or permission. The Bail Variation Application did not proceed." The offender was 24 years old. He had a record of B&Es, stolen property, breach of court orders x 5, assault, mischief, and public mischief

R v Spath,
2003 ABCA 46 (CanLII)
1 year
R v Desmarais,
2003 CanLII 7908 (ON SC), per Nedeau J
8 months
R v Ericksen,
2002 YKTC 61 (CanLII), per Faulkner J
7 months
R v CD,
2000 CanLII 3118 (ON CA), (2000), 132 O.A.C. 133 (C.A.), per curiam
1 year "CD committed perjury in circumstances intended for his own benefit. He had applied for bail pending appeal from his sexual assault convictions. In his supporting affidavit, he had falsely sworn that two employers knew of his convictions and were willing to hire him notwithstanding if he were to be released. The court of appeal noted that graver circumstances, such as giving false evidence in the trial of a serious matter, would generally merit a heavier sentence. His 1-year sentence, which was consecutive to his sexual assault sentence, was recognized as being within the range."
R v MacIver,
2000 MBCA 82 (CanLII), per Scott CJ
8 years (global) The offender was convicted of income tax evasion, 4 counts of perjury, and one count making false statements. He participated in a sophiticated scheme over a long period of time to hide funds overseas. He was a 68 year old lawyer who was in poor health with no prior record. The Crown appealed a sentence of 21 months Conditional sentence and a one million dollar fine.
R v Colbourne,
2002 ABPC 141 (CanLII), per Semenuk J
90 days jail testified in traffic court and accused was acquitted as a result; limited record
R v Langevin', 2001 ABQB 302 (CanLII), per Lee J 16 months CSO
R v Jonas,
1998 CanLII 17690 (ON CA), per curiam
15 month (perjury)
7 years (global)
"Jonas lied at his own bail hearing stage about the circumstances of a prior conviction, by suggesting that the circumstances of the conviction arose from his involvement in assisting police. His defence at trial was that he did not intend to mislead. He had a prior lengthy record including administration of justice offences and had three times served penitentiary sentences. He had a recent good work report, and a limited work history due to prior sentences."
R v Johnson,
[1996] 182 N.B.R. (2d) 373, 1996 CanLII 4835 (NB CA), per Bastarache JA
3 months
R v Sheppard,
[1995] N.J. No. 330 (P.C.) (*no CanLII links)
6 months
R v Van Straten,
1994 ABCA 135 (CanLII)
1 year
R v Costain,
1994 CanLII 8798 (PE SCAD), per Mitchell JA
6 months + Probation
R v Bricker,
1994 CanLII 630 (ON CA), per Laskin JA
6 months
R v Martin,
1993 CanLII 8213 (NB QB), per Creaghan J
3.5 years "The accused pleaded guilty to perjury. He testified falsely in a murder trial 2 e degree that the victim was already dead when he arrived home with his friend Mr. Gallant. He sought to give the false impression that Mr. Gallant could not have killed her." He had a minor criminal record.
R v Kusnezoff,
1991 CanLII 1968 (BC C.A.), per Lambert JA
18 months testimony in drug trafficking trial; good psr; limited record
R v Crawford,
(1988), 81 N.S.R. (2d) 88(*no CanLII links)
R v Jordan,
1986 ABCA 168 (CanLII)(complete citation pending)
2.5 and 4 years "The two accused, Sager and Jordan, pleaded guilty to perjury charges. This is Schimmens' friend and girlfriend, who have been charged with first degree murder. They followed Schimmens' instructions, which told them to read the transcripts of the preliminary inquiry in order to adapt their testimony so as to provide him with an alibi, but then to deny that they did that during the trial."
R v Lau,
1994 CanLII 4640 (SK CA), per TAllis JA
6 months The accused testified at a preliminary inquiry. Crown appeals sentence of 3 months.
R v Moulton,
[1984] N.J. No. 75 (C.A.)(*no CanLII links)
30 days Judge called it a "lenient" sentence
R v Glauser,
(1981), CR (3d) 287 , [1981] AJ No. 968 (CA), 1981 ABCA 345 (CanLII), per Lieberman JA(complete citation pending)
6 years "The accused was convicted of perjury. He witnessed the Crown at trial for the murder of his brother and another person. He falsely claimed that he did not remember certain relevant events. His brother was acquitted of the murder; the co-accused has been convicted." He had a long criminal record of dishonesty.
R v Edward Morgan
(1979), 19 Nfld. & P.E.I.R. 176 (N.L.C.A.)(*no CanLII links)
15 months
R v Morgan & Morgan
(1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.)(*no CanLII links)
3 months
R v Gilliard
(1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.)(*no CanLII links)
3 months
R v Hickey
(1978), 14 Nfld. & P.E.I.R. (N.L.C.A.)(*no CanLII links)
4 months

Obstructing Justice (s. 139)

Case Name Sentence Summary
R v Mills,
2018 NLCA 37 (CanLII), per Welsh JA
22 months (global)
R v Schertzer,
2013 ONSC 22 (CanLII), per Pardu J
varied police officers found guilty of obstruction and perjury.
R v Fortin, 2012 QCCA 883 (CanLII), per Forget JA 15 months CSO The offender was convicted of obstruction, forgery, use of forged documents, and fraud. "Over a period of one year, the appellant, a young lawyer just starting out, fabricated and used a forged legal aid mandate, a forged agreement on corollary relief, a forged judgment, a forged motion, and forged cheques; he also made false representations harming the victims and the administration of justice." [1]
R v Robinson,
2012 BCSC 1134 (CanLII), per Dillon J
12 months off-duty peace officer
R v Viscomi,
2012 ABCA 135 (CanLII), per curiam
12 months attempted to convince witness to recant statement--also sentenced for assault and breaches (2 months consecutive)
R v Crazyboy,
2012 ABCA 228 (CanLII), per Martin JA (2:1)
9 months treatening witness
R v Tippett,
2011 NLTD 149 (CanLII), per Seaborn J
570 days A Joint Rec.; false evidence on a second degree murder charge
R v Thomas,
2010 ABPC 90 (CanLII), per Fradsham J
16 months attempted obstruction; sent a note from jail instructing associate to tell crown witness to forget evidence.
R v Laing,
2010 ABCA 70 (CanLII), per curiam
2 years accused in jail for shooting a girl, wrote to girl saying to go to the police
R v Tschetter,
(2009), 466 A.R. 239 (Alta. Prov.Ct.), 2009 ABPC 291 (CanLII), per Fraser J
12 to 18 months directed friend to destroy evidence of drinking and driving case; no criminal record; long provincial offence record.
R v Van Delft,
2007 ABPC 319 (CanLII), per Fradsham J
18 months gave false name to police
R v Rowbottom,
[2006] N.J. No. 31 (Nfld. Prov. Ct.), 2006 CanLII 2603 (NL PC), per Gorman J
9 and 12 months accused threatened and bribed to witnesses in a uttering threats trial he faced
R v Crazybull,
2005 ABCA 215 (CanLII), per Paperny JA
23 months accused facing assault with a weapon allegations; threatened witness to not attend
R v Gill,
2003 BCCA 208 (CanLII), per Southin JA (3:0)
5 years and 10 months
R v Konkolus
(1998), 86 A.R. 144 (Alta.C.A.), 1988 ABCA 127 (CanLII), per curiam
12 to 18 months giving false name to police and court to avoid dangerous driving charges
R v Thuraisingam,
[1997] OJ No 5424 (Ont. C.J.)(*no CanLII links)
2 years threatened to kill witness
R v Duke,
[1997] AJ No 407 (P.C.)(*no CanLII links)
6 months
R v CEB,
(1995), 57 BCAC 308 (BCCA), 1995 CanLII 1533 (BC CA), per Carrothers JA
15 to 18 months indirect threats and harassment in court parking lot
R v Jones,
1987 CanLII 5178 (NL SCTD), per Woolridge J
90 days intermittent
R v Wales
(1978), 25 N.S.R.(2d) 628, 36 A.P.R. 628 (C.A.)
2 years The "offender, who was the Deputy Chief of the Berwick Police Force, left the scene of a motor vehicle accident; persuaded another person to report accident and take responsibility for it"

Public Mischief

Case Name Sentence Summary
R v Thompson,
2017 NSPC 18(*no CanLII links)
Discharge
R v Dhillon,
2016 BCSC 560 (CanLII), per Joyce J
Suspended Sentence The offender was kicked out of a local pub and retaliated by calling emergency police services reporting a shooting. Guilty plea to public mischief. Judge overturned joint recommendation of a discharge.
R v Gerl,
2014 SKQB 292 (CanLII), per Gunn J
Discharge
R v BB,
2012 CanLII 10647 (NL PC), per Gorman J
Discharge
R v TS,
2011 ONCJ 233 (CanLII), per Hearn J
Discharge
R v Di Gianni,
2011 ONCJ 792 (CanLII), per SD Brown J
Discharge public mischief for making a false claim of theft
R v Delacruz,
2010 ONSC 3060 (CanLII), per Baltman J
18 months The offender made false allegations to children's services that his former wife's new boyfriend had sexually assaulted her daughter. The police were contacted and the investigation revealed that the allegations were false. The offence was "highly calculated". The offender had a previous conviction for public mischief and on four occasions targeted his ex-wife.

Fabricating Evidence

Case Name Sentence Summary
R v Gaulton,
1986 CanLII 3433 (NL SCTD), per Woolridge J
2 months The offender had no prior record.
R v Webster,
2014 CanLII 66459 (NL SC), per Handrigan J
6 months The offender plead guilty to perjury and fabricating evidence.

Giving a False Sworn Statement

Giving Contradictory Evidence

Case Name Sentence Summary
R v Dorn,
2010 ONSC 2631(complete citation pending)
2 years "Dorn was an important witness in a murder trial of four accused. He gave contradictory evidence at the trial and preliminary hearing in the matter on several points in his narrative. The evidence had implications for the degree of responsibility of the various accused and was part of a sustained campaign to benefit his friends who were accused of the murder. He had one prior related conviction involving the same matter. The impact of the contradictory evidence on the result of the trial was difficult to ascertain, though it made the jury’s task more difficult, and it had impaired the truth-seeking function of the trial. The perjury also had a negative emotional impact on the family of the victim. Dorn had an extremely positive presentence report. He had separated himself from his prior associates. He had two young children and was the primary earner in the family. He plead guilty." The offender plead guilty. He had a positive pre-sentence report and no prior record.
R v Desnomies,
2005 SKCA 148 (CanLII), per Gerwing JA
2 years less a day "The accused was found guilty of presenting conflicting evidence.She testified at the preliminary inquiry of her friend, who was charged with second degree murder. She stated that her friend had confessed to killing the victim. She then presented contradictory testimony to her friend's trial, denying the confession."


Breach of Public Trust

Ranges

Case Name Sentence Summary
R v Burnett,
2019 NSSC 212 (CanLII), per Chipman J(complete citation pending)
10 years
R v Spindor,
2016 BCPC 396 (CanLII), per Harris J
discharge The offender was a peace officer who stole a small amount of money from his employer.
R v Fillier,
2016 CanLII 30471 (NL PC), per Linehan J
120 day (theft over)
90 days (trust)
The offender was convicted of theft over $5,000 and breach of public trust. She was an administrator of the provincial court of Happy Valley-Goose Bay. She stole $37,240.97 of money that was paid as fines. The judge also ordered restitution and 1 year probation.
R v Rudge,
2014 ONSC 241 (CanLII), per Hambly J
4 years Police officer leaks confidential police documents to local chapter of the hells angels
R v Taylor,
2012 SKQB 292 (CanLII), per Scheibel J
12 months (trust) guard smuggling drugs into jail
R v Cook,
2010 ONSC 5016 (CanLII), per Hill J, see also 2010 ONSC 4534
4 years (trust) police officer took drug evidence for resale
R v Anderson,
2009 CarswellNfld 240 (NLTD)(*no CanLII links)
15 months (forgery)
9 months (trust)
The offender plead guilty to forgery and breach of public trust. He has a Member of the House of Assembly and stole approximately $60,000.
R v Blanas,
2006 CanLII 2610 (ON CA), OJ No 364 (CA), per curiam
4.5 years (global)
R v Gyles,
2003 CanLII 53665 (ON SC), per Wein J
"The Court sentenced the accused to two and a half years in a penitentiary on charges of breach of trust and corruption by government officials. Although he had no criminal record in similar matters and was suffering from health problems, he expressed no remorse, did not recognize his responsibility and, because of the lack of explanation for his actions, simple greed was presumed to be the recurring theme." [2]
R v Ryan,
2004 NSSC 173 (CanLII), per Goodfellow J aff'd 2004 NSCA 115 (CanLII), per Saunders JA
trust (4 years) police officer dealing in marijuana
R v Hewitt,
2004 NLSCTD 65 (CanLII), 2004 CarswellNfld 92 (NLTD), per Handrigan J
9 months CSO (global) The offender pleaded guilty to theft, forgery and breach of public trust. She was a town clerk and stole around $30,000.
R v Lawson,
2001 CarswellOnt 1428, [2001] OJ No 1562(*no CanLII links)
16 month CSO (global) Offender was a police officer who assisted in transporting prisoners. Used position to touch 19 year old female prisoner who gave him oral sex in exchange for cigarettes, differential treatment, and assistance in escaping.

See Also

Breach of Trust

Case Digests

Case Name Sentence Summary
R v Kwaw,
2011 ONCJ 29, per Pringle J
R v Gopher,
2006 SKCA 86, per Jackson JA
R v Headrick,
2005 ABPC 185, per Fradsham J
R v Gopher,
2005 SKQB 363 (CanLII), per Baynton J
R v Eby and Goodman,
2005 YKSC 56 (CanLII), per Veale J
R v Gray,
2000 CanLII 22830 (ON SC), per Hill J
R v Bunn,
[2000] 1 SCR 183, 2000 SCC 9 (CanLII), per Lamer CJ
R v Shandro,
1985 ABCA 304 (CanLII), [1985] AJ No 578, per Laycraft CJ
3.5 years lawyer defrauded clients of over $200k over 11 years. Full restitution made.

Breach of Undertaking, Recognizance, or Probation, Failing to Attend

Breach of Undertaking, Recognizance, or Probation

Case Name Sentence Summary
R v McDonald,
2017 ONSC 2631 (CanLII), per Conlan J
33 days jail The offender was convicted at trial of breaching probation x 2 for contacting the victim of a previous harassment charge and failing to keep the peace. In 2014, he received 90 days for breaching probation. The judge also ordered probation. On appeal the reviewing judge called the 33 day sentence "kind".
R v Murphy,
2011 NLCA 16 (CanLII) [2011] N.J. No. 43 (C.A.), per Welsh JA
1 to 3 mo for breaches
R v Power,
[2010] N.J. No. 331 (P.C.), 2010 CanLII 62214 (NL PC), per Pike J
R v Oxford,
[2010] N.J. No. 232 (C.A.), 2010 NLCA 45 (CanLII), per curiam
1 mo starting point
R v Lavers,
[2010] N.J. No. 390 (C.A.), 2010 NLCA 73 (CanLII), per Welsh JA
3 months
R v Cagnotti,
2008 ONCJ 696 affd 2009 ONCA 210 (CanLII), per curiam
18 months Offender sentenced for 3 counts breach probation and one count breach court order for contacting women online. He had a long record of offences of violence and dishonesty.
R v Suarak
(2006), 262 Nfld. & P.E.I.R. 230 (N.L.S.C.), 2006 NLTD 71 (CanLII), per Fowler J
1 year breach of 810 order; also sentenced on assault causing bodily harm, break and enter (received 9 years global)
R v SG,
2006 NLTD 144 (CanLII), per Handrigan J
fine and probation breach of youth probation as well as assault and mischief.
R v Bennet,
2004 CanLII 21438 (NL PC), per Gorman J
60 days jail consent contact
R v JRB,
[2004] N.J. No. 39 (P.C.)(*no CanLII links)
60 days jail two failures to report to the police as required by the undertaking
R v Spellacy
1995 CanLII 9898 (NL CA), per O'Neill JA
60 days jail also convicted of mischief
R v Szostak
(2005), 204 O.A.C. 234, [2005] OJ No 4901 (ONCA), 2005 CanLII 42471 (ON CA), per curiam
14 months Offender sentenced for breach of probation for contacting ex-spouse. This was 7th conviction contact. He also had a long history of violent offences against ex-spouse

Recognizance

Case Name Sentence Summary
R v Young,
2014 NSCA 16 (CanLII), per Bryson JA
6 months + Pr breaches for yelling at victim of domestic violence while in court. Overturned sentence of 12 months.
R v Lewis,
2012 NLCA 11 (CanLII), per Wells CJ
R v Zimmerman,
2011 ABCA 276 (CanLII), per curiam
40 months (global) Breach of 810.2 recognizance x 6, also charged with fraud and breach of SOIRA Order. Found leaving jurisdiction under a false name with stolen money and weapons.
R v Muyser,
2009 ABCA 116 (CanLII), per Fraser CJ
R v D(WC),
2007 BCSC 1912 (CanLII), per Fisher J
12 months (recognizance)
12 months (harassment)
2 years less a day(sex asslt)
2 years less a day(force confine)
R v Clayton,
[2001] NSJ No. 438, 2001 CanLII 25698 (NS SC), per Coughlan J
4 months breach of recog including keep the peace. Offender had lengthy criminal record over 20 years.
R v Wuckert,
2000 MBCA 5 (CanLII), per Kroft JA
6 years (global) offender guilty of fraud x 33, conspiracy, breach x 2.
R v Warren,
1999 CanLII 2205 (ON C.A.), per curiam
12 months for 4 counts out on sexual assault; long record
R v Watson
1991 ABCA 245 (CanLII), per Stratton JA
1 month concurrent domestic assault; contact breach
R v Fitzgerald,
1990 CanLII 6481 (NL CA), per Marshall JA
absolute discharge The accused communicated with a prohibited party at a funeral. The prohibited party initiated the communication, it was in earshot of a guard, and it had no "sinister" intent. Overturned a 3 month jail sentence.

Probation

Case Name Sentence Summary
R v Jorgensen,
2007 BCPC 206 (CanLII), per Jardine J
20 days after 8 days credit

Dangerous Offender or Long-term Supervision Orders

Failure to Appear or Attend

Case Name Sentence Summary
R v EW, 2016 SKQB 226 (CanLII), per Barrington-Foote J 15 months [per Barrington-Foote SCJ]
Failure to attend for Identification
Case Name Sentence Summary
R v Cox,
[2009] N.J. No. 333 (P.C.), 2009 CanLII 67623 (NL PC), per Porter J
R v Williams,
[2007] N.J. No. 97, 2007 CanLII 6840 (NL PC), per Gorman J
R v Sheppard,
[2006] N.J. No. 116 (P.C.), 2006 CanLII 12274 (NL PC), per Porter J
3 months (each) failed to attend court 4 times, also convicted of other offences for a total of 19 months
R v Gale,
[2006] N.J. No. 87 (P.C.), 2006 CanLII 9033 (NL PC), per Gorman J
R v Giovannini,
[2005] N.J. No. 94 (P.C.), 2005 CanLII 7872 (NL PC), per Porter J
60 days also charged with refusal and fail to report
R v Banks,
2005 ABCA 55 (CanLII), per Hunt JA
6 months Offender charged in relation to a sophisticated chop shop. Fled in stolen car before sentencing.
R v JEM,
[2004] N.J. No. 117 (P.C.)(*no CanLII links)
1 month failed to attend court, also charged with many other offences
R v RJS,
1994 Alta. Prov. Ct.(*no CanLII links)
1 day consecutive
R v Dupont
1990 YT Terr. Ct.(*no CanLII links)
$150 fine
Case Name Sentence Summary
R v Giovanninni,
[2005] N.J. No. 94 (P.C.)(*no CanLII links)
60 days
R v O'Keefe,
[2006] N.J. No. 290 (P.C.), 2006 CanLII 35180 (NL PC), per Gorman J
discharge also charged with mischief, no record
R v Pardy,
[2009] N.J. No. 321 (P.C.), 2009 CanLII 64767 (NL PC), per Gorman J
1 month
R v Whiteway,
[2010] N.J. No. 141 (P.C.), 2010 CanLII 18817 (NL PC), per Gorman J
Suspended Sentence


Dangerous Operation of a Motor Vehicle

Dangerous Operation

Case Name Sentence Summary
R v Poryadin,
2016 ABQB 320 (CanLII), per Yamauchi J
discharge The offender exhibited erratic driving such as skidding out and fish-tailing 2 or 3 times. He drove while using his cell phone, speeding and sudden lane changes. There was evidence that he had "some alcohol".
R v Probaharan,
2014 ONCJ 118 (CanLII), per Hall J
Suspended The offender plead guilty to dangerous operation. The offender was speeding when he lost control of the vehicle and hit a tree. The crash gave a passenger a leg fracture , ankle laceration and head lasceration. The offender was 26 years old.
R v Grenke
2012 ABQB 198 (CanLII), per Germain J
4.5 years also convicted of driving causing bodily harm
R v Sparkes
2011 CanLII 72480 (NL PC), per Gorman J
6 months
R v Jacobs
2011 CanLII 80634 (NL PC), per Gorman J
6 months CSO dangerous driving; driving while prohibited; drove snowmobile into a car
R v Tapper
[2009] NJ No 166 (SC), 2009 NLTD 97 (CanLII), per Faour J
20 months
R v Bennett
[2007] NJ No 132 (PC), 2007 CanLII 11290 (NL PC), per Gorman J
6 months offender drove into a gravel pit at high speed, hit embankment, injured passenger--3 year driving prohibition
R v Smith
[2007] N.J. No. 312 (P.C.), 2007 CanLII 37342 (NL PC), per Porter J
6 months speeding and impaired; passengers suffered broken bones, etc. 2 year driving prohibition.
R v Warren
2003 CanLII 68641 (NL SCTD),
(2003), 222 Nfld. & P.E.I.R. 270 (N.L.S.C.), per Schwartz J
$3,000 3 x dangerous driving causing bodily harm. While speeding, vehicle went into ditch. Three passengers injured. 15 month driving prohibition also imposed
R v Matchim
2000 CanLII 28401 (NL SCTD),
(2000), 197 Nfld. & P.E.I.R. 99 (N.L.S.C.), per Easton J
$3,000 guilty plea DD causing BH; two of three passengers ATV driven by the accused injured. No record. Joint recommendation.
R v Blackmore
(1996), 1996 CanLII 11661 (NL SCTD), 140 Nfld. & P.E.I.R. 56 (N.L.S.C.), per Easton J
$3000 driving 105km/hr in a 60 zone; lost control of vehicle and passenger "seriously injured."

Causing Bodily Harm

Case Name Sentence Summary
R v Markos,
2017 ONSC 1497 (CanLII), per Morgan J
12 months
R v Rayner,
2014 ONCJ 246 (CanLII), per Harris J
60 days


Street Racing

Case Name Sentence Summary
R v Gould,
2013 ABCA 58 (CanLII), per McDonald JA
street racing (12 months)

Causing Death

Case Name Sentence Summary
R v Bagri,
2017 BCCA 117 (CanLII), per Willcock JA
3 years The offender was convicted of dangerous driving causing death of a family of 4, including two children. His vehicle "jack-knifed" on a highway, striking a family car of touriss from California. He was a professional driver. Judge also ordered 5 year driving prohibition.
R v Higginbotham,
2016 SKQB 118 (CanLII), per Acton J
18 months + probation
R v Carleton
2012 MBPC 54 (CanLII), per MJ Smith J
30 days kills young pedestrian
R v Morgan Taylor
2012 CanLII 42053 (NL PC), per Mennie J
36 months
R v Wallace,
2012 MBCA 54 (CanLII), per MacInnes JA
2 years less a day CSO
R v Smith,
2012 ONSC 3089 (CanLII), per Kelly J
life police chased one death and multiple injuries
R v Hodder,
2012 CanLII 24230 (NLPC), per Gorman J
30 months also convicted of causing bodily harm (18 months)--3 and 5 year driving prohibition
R v Christink,
2012 ONCA 141 (CanLII), per curiam
2 years less a day dangerous driving causing death to two persons; CSO rejected as unfit
R v Butterfield,
2012 SKPC 11 (CanLII), per Kalmakoff J
9 months dangerous operation of a plane causing death; no alcohol involved
R v Biring,
2011 BCSC 734 (CanLII), per Joyce J
2 years less a day CSO
R v Regier,
2011 ONCA 557 (CanLII), [2011] OJ No 3749, per curiam
6 years two young people were killed
R v Marona
(2011) 3 MVR (6th) 6 (ABQB) (*no CanLII links)
2 years offender convicted of dangerous driving causing bodily harm and death--hit another vehicle head-on, killing other driver, injuring passenger--7 years driving prohibition
R v Chikie,
2011 ABQB 420 (CanLII), [2011] AJ No 843 (QB), per Burrows J
10 months offender was speeding on a motorcycle, lost control and passenger was killed--5 year driving prohibition
R v Charles,
2011 BCCA 68 (CanLII), [2011] BCJ No 526 (CA), per Saunders JA
3 years offender was impaired by alcohol, drove into a pole while turning a corner killing two passengers
R v Junkert,
2010 ONCA 549 (CanLII), [2010] OJ No 3387 (CA), per O'Connor ACJ
5 years offender was impaired while driving and hit a pedestrian
R v Brake,
2008 NLTD 175 (CanLII), [2008] N.J. No. 320 (S.C.), per Goodridge J
14 months accused drove through a stop sign and collided with another vehicle, killing one occupants and seriously injuring the other.   Three year driving prohibition imposed.
R v Berg,
2007 BCCA 343 (CanLII), per Prowse JA
5.5 years street racing, causing death
R v Woloshyn,
2006 BCCA 343 (CanLII), per Smith JA (2:1)
4 years prior record, alcohol in work, causing death
R v Synard
(2006), 2006 NLTD 101 (CanLII), 257 Nfld. & P.E.I.R. 341 (N.L.S.C.), per Handrigan J
18 months Offender lost control of car, one passenger injured, suffering broken bones, the other was killed. 5 year driving prohibition
R v Coombs,
2004 NLSCTD 85 (CanLII), [2004] NJ No 162 (SC), per Russell J
12 months offender driving an ATV and hit two pedestrians
R v Bhalru,
2003 BCCA 645 (CanLII), per Finch CJ
2 years less a day CSO causing death
R v Ford,
[2003] OJ No 3363 (ONCA)(*no CanLII links)
3 years convicted of dangerous driving causing bodily harm and death--offender drove through red light hitting another car, killing one and injuring another
R v Murphy,
[1997] NJ No. 143 (CA), 1997 CanLII 14613 (NL CA), per Gushue CJ
$3,000 fine offender was driving on an unsafe road, passenger thrown from vehicle and died--18 month driving prohibition
R v Thuma,
1997 CanLII 2507 (BC CA), (1997) 27 MVR (3d) 157 (BCCA), per Braidwood J
6 months offender was convicted of dangerous driving causing bodily harm and death--speeding and hit another car--overturn suspended sentence
R v Duncan
(1994) 3 MVR (3d) 133 (PEICA), 1994 CanLII 3386 (PE SCAD), per Carruthers CJ
2 years less a day offender convicted of criminal negligence causing death--offender drove vehicle through stop sign and hit another vehicle, killing driver
R v Mosher
(1994) 3 MVR (3d) 35 (PEISC)(*no CanLII links)
12 months convicted of dangerous driving causing bodily harm and death--while speeding lost control of vehicle, hit another vehicle--also given 3 year driving prohibition
R v Messervey,
[1991] NJ No. 380 (PC) (*no CanLII links)
Suspended offender was driving on a wet road at night, lost control of car on a turn--5 year driving prohibition
R v Butler
(1987) 5 MVR (2d) 8 (PEISC) (*no CanLII links)
3 years offender was passing several vehicles and hit one of them, killing three people

See Also

Driving While Prohibited (Sentencing Cases)

Driving While Prohibited

Case Name Sentence Summary
R v Monykal,
2009 ABPC 220 (CanLII), per Sully J
Office did not have sufficient grounds to make the demand. Driver was driving slowly at 2am. Claimed to be lost. Admitted to drinking two glasses of wine sometime in the evening. Officer should have narrowed the time period.
R v Virani,
2012 ABCA 155 (CanLII), per curiam
12 months
R v Quewezance,
2011 SKCA 123 (CanLII), per Ottenbreit JA
9 months very long record, 5 prior offences
R v Marroquin,
2012 ABCA 28 (CanLII), per Berger JA
12 months long record with 7 MV related convictions

See Also

Impaired Driving and Over 80

Impaired Driving, Over 80 and Refusal




Generally

Case Name Sentence Summary
R v Greavette,
2018 ONCJ 10 (CanLII), per Rose J
30 days The offender was 26 and had no prior criminal record.
R v Gray
2012 CanLII 298 (NL PC), per Gorman J
9 months 5 yr driving proh; 4 prior impaireds, and related record;
R v Riggs
2011 NLTD 26 (CanLII), per Handrigan J
4 months 5 yr driving prohibition;
R v Musseau
2010 CanLII 2539 (NL P.C.), per Gorman J
10 months 3rd time impaired, car accident; readings 230; 5 yr driving proh.
R v Oxford
2010 NLTD 102 (CanLII), per Seaborn J
95 days for two offences; no related record
R v Cullen
2009 NLCA 16 (CanLII), [2009] N.J. No. 57 (C.A.), per Wells JA
8 months two offences; 15 yr driving proh
R v White
2009 NLTD 196 (CanLII), per Faour J
16 months 14 prior offences; 8yr driving prohib
R v Slaney
2009 CanLII 66023 (NL PC), [2009] N.J. No. 327 (P.C.), per Porter J
5 months BAC 250; offender and son injured
R v Hirtle
[2008] AJ No 1515 (Alta. C.A.), 2009 ABCA 22 (CanLII), per Nation J
21 months offender was driving while driving while disqualified, pled to s. 253(b)--prior record with 9 alcohol-related driving offences and 3 for driving while disqualified.
R v Pittman
2006 NLTD 106 (CanLII), [2006] N.J. No. 193 (S.C.), per O'Regan J
90 days four priors
R v Hewlin
2006 NLTD 56 (CanLII), [2006] N.J. No. 85 (S.C.), per LeBlanc J
6 months three priors; high degree of intoxication
R v Power
2004 NLCA 40 (CanLII), [2004] N.J. No. 229 (C.A.), per Roberts JA
6 months 9 related prior offences
R v Hunt
2001 CanLII 33789 (NL SCTD), per Leblanc J
23 months 5 priors; BAC 210
R v Wells
[1997] N.J. No. 153 (C.A.) (*no CanLII links)
2 years for 3 driving offences
R v Squires
1995 CanLII 9848 (NL CA), [1995] N.J. No. 157 (C.A.), per Gushue JA
12 months 15 prior offences
R v Connolly
2002 CanLII 41923 (NL PC), [2002] N.J. No. 40 (P.C.), per Gorman J
6 months long related record; almost hit a child
R v Cull
2003 NLSCTD 127 (CanLII), [2003] N.J. No. 213 (S.C.), per Dymond J
3 months prior related record

Refusal

Case Name Sentence Summary
R v Gregory Louis Young
2012 CanLII 26155 (NL PC), per Mennie J
12 months
R v Williams
(2004), 9 MVR (5th) 183 (NLCA), 2004 NLCA 15 (CanLII), per Wells CJ
12 months convicted of refusal, also sentenced for driving while disqualified (4 months)--6 prior alcohol related offence, 2 prior for driving while disqualified--10 year driving prohibition

See Also

Operation While Impaired by Alcohol or Drug (Sentencing Cases)




Generally

Case Name Sentence Summary
R v Greavette,
2018 ONCJ 10 (CanLII), per Rose J
30 days The offender was 26 and had no prior criminal record.
R v Gray
2012 CanLII 298 (NL PC), per Gorman J
9 months 5 yr driving proh; 4 prior impaireds, and related record;
R v Riggs
2011 NLTD 26 (CanLII), per Handrigan J
4 months 5 yr driving prohibition;
R v Musseau
2010 CanLII 2539 (NL P.C.), per Gorman J
10 months 3rd time impaired, car accident; readings 230; 5 yr driving proh.
R v Oxford
2010 NLTD 102 (CanLII), per Seaborn J
95 days for two offences; no related record
R v Cullen
2009 NLCA 16 (CanLII), [2009] N.J. No. 57 (C.A.), per Wells JA
8 months two offences; 15 yr driving proh
R v White
2009 NLTD 196 (CanLII), per Faour J
16 months 14 prior offences; 8yr driving prohib
R v Slaney
2009 CanLII 66023 (NL PC), [2009] N.J. No. 327 (P.C.), per Porter J
5 months BAC 250; offender and son injured
R v Hirtle
[2008] AJ No 1515 (Alta. C.A.), 2009 ABCA 22 (CanLII), per Nation J
21 months offender was driving while driving while disqualified, pled to s. 253(b)--prior record with 9 alcohol-related driving offences and 3 for driving while disqualified.
R v Pittman
2006 NLTD 106 (CanLII), [2006] N.J. No. 193 (S.C.), per O'Regan J
90 days four priors
R v Hewlin
2006 NLTD 56 (CanLII), [2006] N.J. No. 85 (S.C.), per LeBlanc J
6 months three priors; high degree of intoxication
R v Power
2004 NLCA 40 (CanLII), [2004] N.J. No. 229 (C.A.), per Roberts JA
6 months 9 related prior offences
R v Hunt
2001 CanLII 33789 (NL SCTD), per Leblanc J
23 months 5 priors; BAC 210
R v Wells
[1997] N.J. No. 153 (C.A.) (*no CanLII links)
2 years for 3 driving offences
R v Squires
1995 CanLII 9848 (NL CA), [1995] N.J. No. 157 (C.A.), per Gushue JA
12 months 15 prior offences
R v Connolly
2002 CanLII 41923 (NL PC), [2002] N.J. No. 40 (P.C.), per Gorman J
6 months long related record; almost hit a child
R v Cull
2003 NLSCTD 127 (CanLII), [2003] N.J. No. 213 (S.C.), per Dymond J
3 months prior related record

Refusal

Case Name Sentence Summary
R v Gregory Louis Young
2012 CanLII 26155 (NL PC), per Mennie J
12 months
R v Williams
(2004), 9 MVR (5th) 183 (NLCA), 2004 NLCA 15 (CanLII), per Wells CJ
12 months convicted of refusal, also sentenced for driving while disqualified (4 months)--6 prior alcohol related offence, 2 prior for driving while disqualified--10 year driving prohibition

See Also

Impaired Driving, Over 80 and Refusal Causing Bodily Harm or Death



Causing Bodily Harm

Case Name Sentence Summary
R v Gauvreau,
2017 ABCA 74 (CanLII), per curiam
15 month The offender pleaded guilty to impaired driving causing bodily harm. The offender fled the scene after the collision. The judge imposed a 15 year driving prohibition.
R v Geroge,
2016 NSCA 88 (CanLII), per Bryson JA
4 months The offender pleaded guilty to driving while impaired. He harmed his girlfriend in a collision. He was 22 years of age and was remorseful. He was found to have continued to drink despite statements to the contrary.
R v Hiebert,
2016 MBPC 22 (CanLII), per Slough J
6 years (impaired)
6 months (poss'n)
9 months (assault wpn)
The offender was convicted of impaired driving causing bodily harm and dangerous driving causing bodily harm as well as possession of stolen property and assault with a weapon. He stole a car and drove it causing a collision. He pulled a knife on two witnesses to the collision. He had 5 prior convictions for driving related criminal offences. He had an aboriginal background.
R v Anderson,
2016 MBPC 28 (CanLII), per Martin J
90 days The offender was in a head-on collision with a vehicle holding three young men. The men were significantly injured. The BAC in the offender was 185 to 221.
R v Drozdowski,
2014 ONCJ 264 (CanLII), per Brown J
90 days three victims injured.
R v Clements,
2013 MBPC 69 (CanLII), per Krahn J
12 months The offender plead guilty to impaired causing. He cut off another vehicle while driving erratically. He caused the other car to turn 90 degrees and go on the sidewalk. The two young persons in the vehicle suffered bruising and soft tissue injury. The offender fled the scene. He had a BAC of 260. He had a prior record of impaired driving and driving while disqualified.
R v Gill,
2013 BCPC 245 (CanLII), per Hicks J
90 days The offender T-boned another car containing a mother and daughter when driving into oncoming traffic. The mother suffered fractured rib, lacerations to her spleen and liver, soreness ot her knees, whiplash and broken pelvis, requiring surgery. The daugher thought that her mother was dead and suffered emotionally from the accident. The offender tried to leave the scene of the collision. His BAC was 180. He was 30 years old and had no prior record.
R v Spencer,
2013 SKQB 183 (CanLII), per Gunn J
10 months
R v Daly
2013 SKPC 40 (CanLII), per Kalmakoff J
6 months
R v Gomez
2013 MBQB 43 (CanLII), per McKelvey J
90 days The offender hit a hydro pole and injured some of his 5 passengers. One passenger had a broken wrist, fractured vertebrae and knee Another had a broken harm that never healed properly. The offender's BAC was 180.
R v MacPherson
2013 ABCA 62 (CanLII), per Slatter JA
12 months
R v Armstrong
2012 SKQB 428 (CanLII), per Scheibel J
3 months Bodily harm
R v Voerman
2012 BCPC 125 (CanLII), per Gouge J
6 months
R v Mosher
2012 MBPC 24 (CanLII), per MJ Smith J
45 days The offender drove through a red light at a high rate of speed and hit a police vehicle. One officer suffered soft tissue injuries, including a separated shoulder. He missed work and had ongoing sleeping problems. The other suffered a blow to the head and suffered sore neck and back requiring medication. He missed a week of work. The offender's BAC was 120 to 130. He was 20 years old with no record.
R v Henderson
2012 MBCA 9 (CanLII), per Hamilton JA
S/S driving causing bodily harm, vicitm in hospital
R v O’Keefe
2011 CanLII 77298 (NL PC), per Orr J
30 months impaired driving causing bodily harm on 2 individuals
R v Meller
2011 BCPC 318 (CanLII), per Baird Ellan J
4 years serious injuries' serious and long record
R v Gamble
2011 ONCJ 513 (CanLII), per Harris J
6 months
R v Lamouche
2011 ABCA 301 (CanLII), per Watson JA
8 months?
R v Littlecrow
2011 SKQB 393 (CanLII), per Gabrielson J
2 years less a day
R v Crookedneck
2011 SKCA 89 (CanLII), per Gerwing JA
R v Ruizfuentes
2010 MBCA 90 (CanLII), per Chartier JA
6 years impaired causing bodily harm--dated unrelated record--15 year driving prohibition
R v Currell,
2010 ONCA 826 (CanLII), per curiam
12 months
R v Grozell,
2010 ONSC 307 (CanLII), per Lauwers J
13 months He was speeding while intoxicated. He lost control of vehicle and crashed, gravely injuring a passenger. The driver's readings were 207 and 269. He had no prior record. The judge also ordered 3 years driving prohibition.
R v Audy,
2010 MBPC 55 (CanLII), per Slough J
$1,000
R v Jardine,
2009 NBQB 219 (CanLII), per McLellan J
12 months He drove his car at 132km/hr in a 50km/hr zone. The car became airborne and hit a parked vehicle and flipped upside-down.
R v Kannokko,
2009 ABPC 199 (CanLII), per Barley J
8 months
R v Weisgerber
2009 SKPC 107 (CanLII), per Harradence J
$2,000 + probation
R v Williams,
2009 NBPC 16 (CanLII), per Walsh J
6 month CSO Offender plead guilty. Offender lost control of car, causing it to flip. Two passengers in car were injured, including broken bones, and significant rehab.
R v Smith
2009 SKCA 38 (CanLII), per Lane JA
R v Roininen,
2009 ABPC 299] (CanLII), per Redman J
9 months CSO
R v Bear
2008 SKCA 172 (CanLII), per Smith JA
R v Cappo
2005 SKCA 134 (CanLII), per Sherstobitoff JA
R v Robbie
2005 SKPC 72 (CanLII), per Lavoie J
R v Goudreault,
2004 CanLII 34503 (ON CA), per Labrosse JA
60 days Offender rear-ended victim's car at an intersection.
R v Rowan,
2004 CanLII 22935 (ON CA), per curiam
60 days
R v Anderson,
2004 BCCA 547 (CanLII), per curiam
90 days The offender pled guilty to impaired causing bodily harm. His vehicle drove into oncoming traffic and hit a van. A passenger in the van was injured. He was 41 years old with 3 prior drunk driving convictions. He was remorseful and took counselling.
R v Galloway
2004 SKQB 130 (CanLII), per GA Smith J affirmed 2004 SKCA 106 (CanLII), per curiam
R v Decap
2003 SKQB 450 (CanLII), per Barclay J
R v Wahobin
2002 SKPC 53 (CanLII), per Meekma J
R v Regnier
2002 SKCA 82 (CanLII), per Lane JA
R v Andres
2002 SKCA 98 (CanLII), per Vancise JA
R v Bouchard
[2002] OJ No 5357 (*no CanLII links)
16 months + Pr + 2 year Drv Proh (impaired + breach) The offender plead guilty to impaired driving causing bodily harm and breach of conditions. He drove into the wrong lane and hit an oncoming vehicle. He was 22 years old with an aboriginal background. He had a serious drinking problem. The judge accounted for 99 days remand credit.
R v Trobert
1999 SKQB 189 (CanLII), per Scheibel J aff'd 2000 SKCA 113 (CanLII), per Bayda CJ
2 years less a day
R v Hamel,
1999 CanLII 12226 (SK CA), per Jackson JA
6 months He attended a "stag" party and offered to drive to the next destination. He drove down one of busiest streets in the city at 80 to 110km/hr, driving through red light and finally colliding with a tree. Three passengers were injured. He was 24 years old with no prior record. Sentencing judge ordered 90 days jail.
R v Roasting,
1999 ABCA 52 (CanLII), per curiam
2 years
R v Martin,
1996 CanLII 5269 (NS CA), per Clarke CJ
Suspended Sentence
R v Feucht,
1992 CanLII 8192 (SK CA), per Sherstobitoff JA
6 months

Causing Death

Case Name Sentence Summary
R v Copan,
2019 NSSC 111 (CanLII), per Murray J
2 years
R v Fracassi,
2017 ONSC 28 (CanLII), per Boswell J
6 years (death)
3 years (harm)
The offender was driving while impaired and hit two pedestrians, killing one and injuring the other.
R v Montoya,
2016 ABQB 660 (CanLII), per Wittmann CJ
4.5 years The offender pleaded guilty to impaired driving causing death where three vehicles collided, killing two people and injuring a third person.
R v Gibson,
2015 ABCA 41 (CanLII), per curiam
4 years offender pleaded guilty to impaired driving caulking bodily harm and death. He drove a large pick up truck down the highway and attempted to pass a vehicle by driving into oncoming traffic. He hit several vehicles including on vehicle head on killing a 17-year-old. His blood alcohol readings were 170 and 181. The offender was 22 years old with no prior record. He had post secondary education. The judges overturned a joint recommendation.
R v Lacasse,
2015 SCC 64 (CanLII), per Wagner J
6.5 years The offender pleaded guilty to impaired causing death in relation to two passengers in a collision. He was 20 years old and had no record, except for 3 speeding tickets. The Court called the sentence "severe".
R v Currie,
2015 NSSC 15 (CanLII), per Murray J
2 years "the accused who was 22 at the time of the offence and 25 at the time of the sentencing, pled guilty to one count of impaired driving causing death. A... the deceased victim had been thrown from the vehicle. The accused had no prior record, was remorseful and was steadily employed with a young family. The Court accepted the joint recommendation of two years and a 2 year driving prohibition. "
R v Walker,
2014 ONCA 919 (CanLII), per curiam
3 years The offender pleaded guilty to impaired driving causing death. He was driving when he lost control of his vehicle and struck a mailbox and Hydro pole, killing his best friend who was sitting in the passenger seat without a seat belt. The Court of Appeal overturned 10 year driving probation and substituted a 5 year driving probation.
R v Riley,
2014 ONSC 3264 (CanLII), per Goodman J
4 years charged with impaired causing bodily harm and death; criminal negligence causing bodily harm and death. Offender drove stolen car at high rate of speed, lost control and crashed into house killing one person, injuring another.
R v Flight,
2014 ABCA 380 (CanLII), per Slatter JA
4 years The offender was 43 years old and had two dated convictions for impaired driving.
R v Igor Kresko,
2013 ONSC 1631 (CanLII), per Himel J
6 years refusal after causing death
R v Courtney,
2013 SKPC 11 (CanLII), per Maniak J
2 years less a day
R v Purtill,
2013 ONCA 692 (CanLII), per curiam
6 years The offender was convicted of criminal negligence causing death and impaired driving causing death. The collision resulted in the death of a 5 month old child and broke the back of the mother. He had a prior conviction for impaired driving.
R v Knight,
2012 MBPC 52 (CanLII), per L Allen J
5.5 years
R v Luskin,
2012 ONSC 1764 (CanLII), per Trotter J
3.5 years hit mini-van with 5 people, killing 3
R v Anderson,
2012 NBQB 32 (CanLII), per Morrison J
3 years BAC 203 and 270, flipped car, killed husband passenger
R v P(O),
2012 ONCJ 1 (CanLII), per De Filippis J
conviction for 271 and 151; based only on prior statement
R v MacDougall, 2011 NSPC 12 (CanLII), per Ross J The offender was 18 years old with no prior record.
R v Stimson,
2011 ABCA 59 (CanLII), per curiam
2 years less a day The offender pleaded guilty. He rolled his vehicle, killing his passenger. He was 19 years old and of aboriginal background.
R v Olsen,
2011 ABCA 308 (CanLII), per Martin JA
3.5 years The offender pleaded guilty to two counts of impaired causing death. He drove through a red light, hitting another car and killing two people. He had a BAC reading of .226 and was speeding at 85km/h in a 65km/h zone. He was 22 years old and had no criminal record, but had a record for traffic offences.
R v Kummer,
2011 ONCA 39 (CanLII), per MacPherson JA
8 years
R v Semenko,
2011 MBPC 80 (CanLII), per Elliot J
police brutality no stay of proceedings
R v Ramage,
2010 ONCA 488 (CanLII), per Doherty JA
4 years The offender was convicted of impaired driving causing bodily harm and death, and driving over 80. He collided with another driver, killing his passenger and injuring the other driver. He had a BAC of .212 and .282.
R v Ruizfuentes,
2010 MBCA 90 (CanLII), per Chartier JA
4.5 years causing death; BAC 120+, drove through multiple red lights
R v Junkert,
2010 ONCA 549 (CanLII), per O'Connor ACJ
5 years high speed of driving, hit jogger, no prior record, BAC 130
R v GB,
[2010] QCQB 8243 (*no CanLII links)
6 years BAC 320, prior record for impaired
R v Junkert,
2010 ONCA 549 (CanLII), per O'Connor ACJ
5 years also convicted of dangerous driving causing death--while impaired killed--no prior record--ranges up to 5 years (@ 39 to 49)
R v Coupal,
2010 ABQB 229 (CanLII), per Hughes J
4 years The offender pleaded guilty to impaied driving causing death. He drove across the median line and killed one pedestrian and injured two others.
R v Tschetter,
2009 ABPC 291 (CanLII), per Fraser J
5.5 years The offender was driving a cement truck while impaired, weaving through traffic, and then went through a red light at 130km/h in a 80km/h zone. He hit another vehicle killing 5 people.
R v Howe,
2007 NBCA 84 (CanLII), per Ricard JA
3 years BAC 140, hit and killed biker
R v Rhyason,
2007 ABCA 119 (CanLII), per curiam
3 years
R v Hall,
2007 ONCA 8 (CanLII), per LaForme JA
4 years and 10 months impaired at time--prior related record--10 year driving prohibition
R v Cooper,
2007 NSSC 115 (CanLII), per S MacDonald J
7 years two counts of impaired causing death. The offender crossed centre-line and hit oncoming vehicle killing two persons. He had one prior conviction. He was also sentenced to lifetime driving prohibition and DNA order.
R v Wood,
2005 CanLII 13779 (ONCA), per curiam
9 years
R v Mascarenhas,
2002 CanLII 41625 (ONCA), per Abella JA
9 years
R v Nickerson,
[1991] NSJ No. 48, 1991 CanLII 2499 (NS CA), per Hart JA
5 years impaired driving causing death--no prior record--also convicted of impaired driving causing bodiy harm (2 years)
R v MacEachern
1990 CanLII 2413 (NS CA), per MacDonald JA
5 years prior impaired and B&E conviction -- found guilty of criminal negligence causing death hitting a pedestrian at a crosswalk

See Also

Failure to Stop or Remain at Scene of Accident




Case Name Sentence Summary
R v Vanasse, 2016 ABCA 329 (CanLII), per curiam (2:1) 90 days Failed to stop at scene where death occurred.
R v McConkey,
2016 ABPC 64 (CanLII), per Malin J
CSO 12 months The offender made a left-hand turn and collided with a motorcyclist. He made some effort to get the victim medical assistance, but then fled the scene. There was limited evidence that he was impaired.
R v Cook,
2013 SKPC 161 (CanLII), per Hinds J
90 days + P + 2 year Driving
R v Peebles,
2013 MBQB 234 (CanLII), per Greenberg J
5 months + 1 year Driving Offender hits pedestrian who later dies of injuries.
R v Dhaliwal,
2012 MBQB 155 (CanLII), per McKelvey J
12 months no CSO available due to SPI Offence
R v LLC,
2012 ABPC 103 (CanLII), per Van de Veen J
24 months also charged with impaired driving; assault peace officer with a weapon
R v Peragine,
2012 BCPC 355 (CanLII), per Harris J
6 month CSO Offender hit a pedestrian with his car who later dies. He fled the scene and attempted to hide evidence of the accident. He is stopped by police and lies about the damage to his car. The offender was arrested two years later.
R v Alves,
2012 BCPC 403 (CanLII), per Giardini J
4 months + P + 2 year Driving Offender hit a 77 year old pedestrian who was crossing the street. He initially stayed around the scene and assisted but decided to leave before police arrived. The pedestrian later died due to the injuries.
R v Bruce,
2012 ABPC 8 (CanLII), per Fradsham J
5 months + 2 year Driving Offender was threatened while in his vehicle. He tried to leave and hit a man in the process. The man later died of his injuries. The offender was arrested shortly after and was cooperative. He plead guilty and agreed he knew that the man had been hit when he fled. The offender was 24 years old and only had one minor vehicle violation.
R v Schmitt,
2011 ONCJ 546 (CanLII), per Dean J
5 months
R v Sanghera,
2009 BCPC 24 (CanLII), per Gulbrannsen J
1 year CSO Offender hit and killed a pedestrian then fled. Offender was found by police and initially denied responsibility and lied about damage to his vehicle. Offender was 30 years old with no record.
R v Dhaliwal,
2008 BCPC 451 (CanLII), per Ellan J
6 months + P + 3 year Driving Offender hit a pedestrian who died. Offender fled and returned shortly after. He did not know that there was a pedestrian involved at the time of flight. After being threatened to be turned in, he voluntarily reported himself to police, giving an inculpatory statement. Offender plead guilty and had no record.
R v Helton,
2007 BCPC 383 (CanLII), per Hicks J
12 month CSO + 3 year Driving Offender hit and killed a pedestrian and then fled the scene. Collision was not the offender's fault. Offender was only found out a year after the accident. He gave an inculpatory statement to police. Offender was 21 years old with only a minor driving record.
R v Lisi,
2001 BCCA 559 (CanLII), per Esson JA
3 months + 1 year Driving Offender hit a pedestrian who later died. He fled the scene and went home where he began to drink. He was convicted at trial for refusal to provide a sample.
R v Arruda,
[2001] OJ No 6288 (*no CanLII links)
9 months + P + 1 year Driving Offender involved in accident where pedestrian is killed. Offender abandoned car in parking lot. He later turned himself in to police. Offender was 25 years old with a 4 year old son. He had an unrelated record.
R v Crutchley,
1990 CanLII 1806 (BC CA), [1990] BCJ No. 317 (BCCA), per Taggart JA
18 months + P + 3 year Driving Offender was in a two vehicle accident. He fled the scene upon believing that the other driver was dead. Offender attempted to create a false alibi. He had a prior conviction for the same offence.
R v Pijogge,
2013 CanLII 1968 (NL SCTD), per Stack J
6 months CSO Offender failed to remain at the scene of the collision where she knew bodily harm result. She was first time offender and had an aboriginal background.

Importing and Exporting Drugs

Case Digests

Case Name Prv. Crt. Sentence Drug / Quant. Summary
R v ASL,
2017 ONSC 2055 (CanLII), per LeMay J
ON SC 5 years 3.9 kg opium The offender was convicted at trial of importing opium.
R v Kaneza,
2016 ABCA 411 (CanLII), per Martin JA
AB CA 11 years (importing)
7 years (trafficking)
2.92 kg Heroin The offender was stopped at the airport in Edmonton flying in from Europe. She was found with heroin with a street value between 870k and 1.7 million. She was 27 years old at the time of the offence and had three children.
R v Aujla,
2015 ONCA 350 (CanLII), per Benotto JA
ON CA 10 and 12 years 37 kg two accused imported cocaine in an ice-cream truck. Alleged they were "blind couriers".
R v Zeisig,
2014 ONSC 3529 (CanLII), per Tzimas J
ON SC 4.5 years 1.9 kg Offender was importing cocaine at Pearson airport.
R v Rodriguez,
2014 ONSC 2928 (CanLII), per O’Connor J
ON SC 6 years 1.5 kg imported heroin from Columbia. The offender was aged 69 years old and suffers from colon cancer.
R v Ifejika,
2013 ONCA 531 (CanLII), per curiam
ON CA 7 years 500 g heroin convicted at trial
R v Von Holtum,
2013 BCCA 384 (CanLII), per Neilson JA
BC CA 12 years 50kg cocaine baggage handler at Vancouver Airport assisted in importing cocaine
R v Akintunde,
2013 ONSC 2766 (CanLII)(complete citation pending)
ON SC 8 years (importation)
4 years (traff.)
398 grams of heroin (import)
280 grams of heroin (traff)
R v Robinson,
2012 ONSC 1613 (CanLII), per Goodman J
ON SC 8 years 3.532kg cocaine The offender was found guilty of importing cocaine. She was arrested at the Toronto Airport arriving from Jamaica carrying the cocaine.
R v Kandola,
2012 BCSC 1042 (CanLII), per Romilly J
BC SC 14 years 208 kg of cocaine offender employed by CBSA - also convicted of importing guns
R v Palfrey,
2012 SKQB 487 (CanLII), per Keene J
SK SC 14 years
R v Knockwood,
2012 ONSC 2238 (CanLII), per Hill J
ON SC 6 years 997 g heroin
R v Payne,
2012 CanLII 41098 (NL SCTD), per Goodridge J
NL SC 5 years, 7 months 3 kg also importing 12k pills and marijuana. Total street value of $645,000.00.
R v Razmara,
2012 ONCA 13 (CanLII), per curiam
ON CA 14 years importation of large amount of cocaine
R v Dixon and Westover,
2012 ONSC 4171 (CanLII), per Taliano J
ON SC 5 years (import, Westover)
6 years (import, Dixon)
The two offenders conspired to import cocaine.
R v Chukwu,
2011 ONSC 2216 (CanLII), [2011] OJ No 3356, per Kiteley J
ON SC 4 years (importation)
2 years (poss'n)
6 months (other CC)
1.4 kg cocaine
R v Sidhu,
[2008] O.J. No. 3479(C.J.), varied 2009 ONCA 81 (CanLII), 242 C.C.C (3d) 273 (C.A.)
ON CA 14 years, 9 months 9.56 kilograms of heroin
R v Jones,
2006 CanLII 28086 (ON CA), per Doherty JA
ON CA 40 months 849 gr cocaine The offender was caught arriving from Jamaica at Toronto Airport.
R v Hamilton and Mason,
2004 CanLII 5549 (ONCA), per Doherty JA
ON CA 20 months, 2 years less a day 349 gr Both offenders pleaded guilty to importing cocaine. They were both couriers who were caught at the Toronto airport returning from Jamaica. Hamilton had swallowed pellets of cocaine worth about $70,000. Mason swallowed 489 gr of cocaine. Hamilton was 26 years old with no record. She as a single mother. Mason was 31 year old single mother with no record.
R v Bajada,
2003 CanLII 15687 (ON CA), per Weiler JA
ON CA 6 years 1.5 kg cocaine
R v Syblis,
2001 CanLII 24127 (ON CA), per curiam
ON CA 7 years (import cocaine)
4 years (import, hash)
2.13 kg cocaine and 1 kg hashish
R v Alleyne,
1998 CanLII 2116 (ON CA), per curiam
ON CA 7 years 2.5 powder cocaine The offender was a drug courier. He had no prior record.
R v Madden,
1996 CanLII 10228 (ON CA), per Finlayson JA
ON CA 3 years 770 gr cocaine The offender was caught at Toronto airport returning from Jamaica with cocaine in her belongings. She plead guilty. She was 23 years old with no record.
R v Cunningham,
1996 CanLII 1311 (ON CA), per curiam
ON CA 5kg cocaine The offender was a courier who carried the cocaine in her suitcase and was caught at the Toronto airport coming back from a short trip to St. Lucia. The street value of the package was about $500,000. She as 21 years old with no prior record. She was motivated by personal gain and made about $4,000 for the package.

Importing or Exporting Drug Paraphernalia

Offences under 462.1 and 462.2 were repealed on October 16, 2018 by the Cannabis Act, 2018 c. 16.

Case Digests

Case Name Sentence Summary
R v Spindloe,
1999 SKQB 26 (CanLII), per McLellan J
$1,000 fine The offender was selling items relating to cannabis use out of his store that primarily sold records. He was an activist promoting decriminalization of cannabis. Judge rejected request for a discharge.

Drug Possession

Simple Possession

Schedule I

Case Name Sentence Drug / Quant. Summary
R v Gourgouvelis,
2016 ABCA 131 (CanLII), per Paperny JA
6 months (poss'n)
6 months (obstr.)
12 months (global)
cocaine The offender obstructed police by holding a washroom door closed to police while an associate tried to dispose of drugs.
R v Worth,
2013 CanLII 15523 (NL SCTD), per Goodridge J
fine angel dust _
R v Collins,
2009 NLTD 33 (CanLII), per Handrigan J
3 months 12.3 g cocaine simple possession; valued at $80 to 100 / gram;
R v Kubbernus,
2008 ABQB 471 (CanLII), per Burrows J
9 months 7.3 grams of meth-amphetamine
R v McClure,
2002 ABCA 304 (CanLII), per Conrad JA
$1,000 fine marijuana and cocaine trial judge overturned Joint Recommendation gave jail sentence
R v Cote,
2002 BCCA 29 (CanLII), per Donald JA
14 days < 2 gr meth long criminal record; no past drug offences
R v Gonzalez
1990 BCCA 2019 (CanLII), per Taylor JA
3 months 1/2 pound of cocaine

Schedule II

Case Name Sentence Drug / Quant. Comments
R v Northup,
2014 BCCA 140 (CanLII), per Lowry JA
86gr marijuana suspended charged with two counts of possession of marijuana.
R v Kubbernus,
2008 ABQB 471 (CanLII), per Burrows J
9 months 7.3 grams of meth-amphetamine
R v McClure,
2002 ABCA 304 (CanLII), per Conrad JA
$1,000 fine marijuana and cocaine trial judge overturned Joint Recommendation gave jail sentence

Proceeds of Crime

Case Name Sentence Summary
R v Daluro,
2011 ABCA 312 (CanLII), per Martin JA
6 months couriering $183k as part of drug dealing

Drug Production

Schedule I

Meth production

Case Name Sentence Drug / Quant. Summary
R v Nguyen,
2011 ONSC 6229 (CanLII), per McWatt J
5 years
R v Durette,
1992 CanLII 2779 (ON CA), (1992), 9 O.R. (3d) 557, per Finlayson JA
5-9 years biker gang-related
R v Lukaniuk,
(1989) 34 O.A.C. 321 (C.A.) (*no CanLII links)
6 years lab

Schedule II

Grow ops / Cultivation

Case Name Sentence Drug / Quant. Summary
R v Habib,
2018 NSSC 170 (CanLII), per Chipman J
12 months (production, #1)
4 months (trafficking #1)
8 months (production #2)
2.5 months (trafficking #2)
R v Hatt,
2018 NSCA 51 (CanLII), per Derrick JA
3 months The offender was convicted of possessions and cultivation of marijuana, firearms offences, and possession of illegal tobacco. The Court of Appeal overturned a sentence of 12 months
R v Serov,
2017 BCCA 456 (CanLII), per Stromberg-Stein JA
12 months Court finds mandatory minimum unconstitutional.
R v McGee,
2017 BCCA 457 (CanLII), per Stromberg-Stein JA
10 months Court finds mandatory minimum unconstitutional.
R v Chen,
2017 ONCA 946 (CanLII), per curiam
6 months CSO and 12 months probation
R v Munn,
2016 CanLII 90178 (NB CA), per Baird JA
12 months unknown The offender's grow operation was discovered when he accidentally started a fire while trying to extract oil from marijuana in his washroom. He caused extensive damage to his apartment where he lived with his wife and children. He was 35 years old with an aboriginal background. He also has an extensive criminal record.
R v Parr,
2016 BCCA 463 (CanLII), per Goepel JA
8 months The offender was convicted of production and trafficking in marijuana.
R v Patton,
2016 NSSC 222 (CanLII), per Scaravelli J
18 months (production)
12 months (trafficking)
[per Scaravelli SCJ]
R v Malenfant,
2016 BCSC 995 (CanLII), per Humphries J
18 months CSO
R v Lau,
2014 BCCA 176 (CanLII), per MacKenzie JA
9 months 629 plants
R v Nguyen,
2012 MBCA 72 (CanLII), per Monnin JA
2 years less a day 690 plants
R v Lo,
2012 SKQB 239 (CanLII), per Schwann J
2 years less a day CSO 572 plants
R v St. Germain,
2012 ABCA 198 (CanLII), per curiam
12 months 2.2 pounds of plants
R v Bick,
2012 ONCJ 233 (CanLII), per Harris J
1 year 2,074 plants
R v Konstantakis,
2011 BCPC 319 (CanLII), per Bennett J
12 months 1,216 plants
R v Lam and Vo,
2011 BCPC 321 (CanLII), per O'Byrne J
18 months 1,264 marihuana plants
R v Emonts,
2011 ONCJ 544 (CanLII), per Hearn J
18 months CSO 532 plants
R v Chen,
2011 BCPC 297 (CanLII), per Bayliff J
12 mo CSO 1,139 plants gardener for a grow-op
R v Vu,
2011 BCPC 269 (CanLII), per Giardini J
9 months 786 plants
R v Bi,
2011 BCCA 204 (CanLII), per Saunders JA
9 mo
R v Evers,
2011 BCCA 330 (CanLII), per Hall JA
12 mo probation
R v Day,
2011 ONSC 1148 (CanLII), per Thorburn J
2 years less a day CSO 3.9kg 385g mushrooms and 27 g cocaine as well
R v Hann,
2011 NLTD 66 (CanLII), per Seaborn J
15 mo CSO 4813.7 grams limited record; joint recommendation
R v Horkoff,
2010 SKCA 79 (CanLII), per Richards JA
30 months 323 plants
R v Giang,
2010 BCSC 1016 (CanLII), per Pearlman J
15 mo CSO
R v Hobbs,
2009 NSSC 258 (CanLII), per Coughlan J
30 mo jail
R v Wetherill,
2009 BCPC 356 (CanLII), per Brecknell J
18 mo CSO
R v Hobbs,
2009 NSSC 258 (CanLII), per Coughlan J
30 months [per Coughlan SCJ]
R v Simpson,
2008 NSSC 57 (CanLII), per Cacchione J
1 day
R v Nannan,
2007 SKCA 50 (CanLII), per Lane JA
CSO 237 plants
R v Nguyen,
2007 NSPC 69 (CanLII), per C Williams J
4 years Offender also charged with possession marijuana for trafficking, unlawful diversion of electricity. Prior dated record for trafficking x 4. Sophisticated operation.
R v MacDonald,
2007 NSSC 308 (CanLII), per Cacchione J
R v Nguyen,
2007 NSSC 134 (CanLII), per Kennedy CJ
R v Hoang,
2007 SKPC 19 (CanLII), per Snell J
2 years less CSO 348 plants
R v Tanasichuk,
2007 BCSC 1028 (CanLII), per Brooke J
18 mo CSO
R v Siek,
2007 NSCA 23 (CanLII), per Oland JA
2 years
R v Koenders,
2006 BCSC 1045 (CanLII), per Holmes J
2 years less
R v Wong,
2005 NBQB 150 (CanLII), per Glennie J
2 years
R v MacIvor,
2003 NSCA 60 (CanLII), per Cromwell JA
4 months A joint recommendation. He had lukemia and no criminal record.
R v McCurdy,
2002 NSCA 132 (CanLII), per Roscoe JA
3 years 500 plants sophisticated operation
R v Shacklock,
2000 NSCA 120 (CanLII), per Roscoe JA
18 months 214 marijuana plants
R v Brass,
2000 BCSC 988 (CanLII), per Brass J
12 mo CSO
R v Connolly,
1998 CanLII 3631 (NS CA), [1998] NSJ No. 375, per Chipman JA
14 months million dollar grow-op related record; on probation at time
R v Frenette,
1997 CanLII 3512 (NS CA), per Jones JA
14 months The Court rejected a CSO as a sentence. [per Jones JA]
R v Booth,
1996 CanLII 5020 (SK CA), per Vancise JA
3 years 400 plants

Schedule III - Meth

Case Name Sentence Drug / Quant. Summary
R v Reid
2008 NSPC 41 (CanLII), per C Williams J
48 months 30,000 ecstasy pills before remand credit
R v Iverson
2007 BCCA 3 (CanLII), per Mackenzie JA
5 years ecstasy lab
R v Scott,
2006 BCSC 678 (CanLII), per Gerow J
4 years ecstasy lab
R v Ma,
2005 BCSC 493 (CanLII), per Holmes J
6 years 76 kg of ecstasy meth lab
R v Lau,
2003 SKPC 92 (CanLII), per McMurtry J
3 and 4 years 100,000 pills of ecstasy

Drug Trafficking

Schedule I - Cocaine, Opiates, etc

Schedule II - Marijuana, hash, etc

Schedule III - MDMA, Ecstasy

Schedule IV - Barbiturates, Steroids, etc

Drug Trafficking, Schedule I

Cocaine and Crack

Opiates (Morphine / Heroin / Fentanyl)

Case Name Sentence Drug / Quant. Summary
R v Naccarato,
2017 BCSC 645 (CanLII), per Pearlman J
suspended sentence 58.3 grams heroin laced with fentanyl
R v Lee,
2017 BCPC 37 (CanLII), per Rideout J
6 months 235 g heroin
431.72 g cocaine
[per Rideout PCJ]
R v Fyfe,
2017 SKQB 5 (CanLII), per Danyliuk J
5 years, 30 days (global)
2.5 years (fentanyl) x 2
[per Danyliuk SCJ]
R v Sihota,
2016 BCPC 410 (CanLII), per Gouge J
6 months 42.7 grams The Judge also made a DNA Order and s. 109 Weapons Prohibition Order
R v Aujla,
2016 ABPC 272 (CanLII), per Van Harten J
7 years (global)
7 years (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. [per Van Harten PCJ]
R v Healey,
2016 CanLII 26778 (NLPC), per Orr J
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).
R v Fitzsimmons,
2016 ONCA 107 (CanLII), per curiam
2 years 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.
R v Taylor,
2013 NLCA 42 (CanLII), per White JA (2:1)
15 months 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
R v King,
2013 ONCA 417 (CanLII), per Epstein JA
42 months 500 oxy pills Offender worked in doctor's office. She forged prescriptions at request of brother.
R v Bonnie,
2013 ONCJ 243 (CanLII), per Zisman J
2 months (marijuana)
8 months (oxycodone)
R v Grammatikos,
2013 MBQB 44 (CanLII), per McKelvey J
2 year CSO
R v Ducharme,
2013 MBPC 1 (CanLII), per Curtis J
12 months 42 gr morphine smuggling drugs into a prison
R v Leung,
2012 ABPC 158 (CanLII), per Semenuk J
3 years 600 x 80 milligram Oxycodone tablets also sentenced on 7.1 g crack cocaine (1 year)
R v Lee,
2012 BCPC 169 (CanLII), per Blake J
9 months .44 g also convicted of poss'n of <5g of cocaine -- part of dial a dope operation
R v Giammarco,
2012 CanLII 11239 (ON SC), per Hourigan J
5 to 6 years 3.5 kg heroin trafficking
R v Hernandez,
2012 BCSC 238 (CanLII), per Russell J
6 months 4 g heroin
R v Roche,
2011 CanLII 77682 (NL PC), per Hyslop J
25 months 654 Oxycontin pills
R v Taromi,
2010 ONCJ 304 (CanLII), per Bovard J
2 years less a day CSO two counts of trafficking heroin
R v Breau
2004 NBPC 22 (CanLII), per Ferguson J
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.
R v Doiron,
2007 NBQB 79 (CanLII), per Léger J
12 mo CSO 10.2g cocaine and 99 hydromorphone tablets no record; guilty plea
R v Domke,
2006 ABPC 252 (CanLII), per Allen J
5 years large quantity of pills
R v Cormier,
2006 NBQB 54 (CanLII), per McLellan J
3 years more than a "few pills"
R v Pechawis ,
2005 SKPC 25 (CanLII), per Whelan J
18 month CSO
R v McIntyre,
2004 NBPC 14 (CanLII), per Ferguson J
18 mo after 2 mo remand
R v Breau,
2004 NBPC 22 (CanLII), per Ferguson J
10 mo 1 capsule of Oxycontin, 2 capsules of Hydromorphone and 8 capsules of Dilaudid
R v Whittaker,
2001 ABQB 601 (CanLII), per Lee J
4 years sold 50+ pills of hydromorphone in 4 transactions
R v Whittaker,
2001 ABQB 873 (CanLII), per Veit J
12 mo 2 tablets of hydromorphone remand credit given
R v Knoll,
2001 ABQB 69 (CanLII), per Burrows J
2 years less a day CSO 41 pills of hydromorphone
R v Laliberte (M.R.),
189 Sask.R. 190, 2000 SKCA 27 (CanLII), per Vancise JA
12 mo CSO 12 dilaudids sold to undercover
R v Keepness,
2000 SKCA 28 (CanLII), per Vancise JA
12 mo CSO 2 dilaudids
R v Kappeler (F.G.),
(1998), 232 A.R. 302 (CA), 1999 ABCA 100 (CanLII), per Sulatycky JA
40 months sold two four milligram tablets of dilaudids to undercover officer

Methamphetamine

Trafficking

Case Name Sentence Drug / Quant. Summary
Hofsteede,
2018 ONCA 31 (CanLII), per curiam
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.
R v Daschner,
2013 ABQB 103 (CanLII), per Hughes J
18 months 2.1 gr offender ran sophisticated trafficing operation from his apartment. $60,000+ in proceeds was found as well.
R v Bernard,
2012 ONSC 4009 (CanLII), per Ramsay J
4 to 12 years 20kg+
R v Barnett,
2011 BCPC 320 (CanLII), per Raven J
12 months meth-amphetamines; handgun found in house

Ecstacy/MDMA

Case Name Sentence Drug / Quant. Summary
R v Kurdydyk,
2017 MBQB 2 (CanLII), per Perlmutter ACJ
12 months 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.
R v Geiger,
2016 ABCA 337 (CanLII), per O’Ferrall JA
18 months The offender plead guilty to selling ecstasy to an undercover officer on three occasions. Trial Judge gave 3 years suspended sentence.

GHB

Case Name Sentence Drug / Quant. Summary
R v Sansalone,
2013 ONCA 226 (CanLII), per curiam
5 years

See Also

Drug Trafficking, Schedule I, Cocaine

Digests

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

Mid to high level trafficking (over 5 oz / 141 gr)

Low level trafficking (5 oz/141 gr or less)

Undetermined Quantity

Case Name Prv. Crt. Sentence Summary
R v Oraha, 2014 ONCA 359 (CanLII), per curiam ON CA 9 years (global) charged with trafficking MDMA, meth, and cocaine
R v David, 2013 NSSC 83 (CanLII), per Duncan J NS SC 4 years, 5 months (global) Sheriff assists in smuggling in drugs (resin, MDMA, cocaine, prescription drugs) into jail for well-known crime figure
R v Bremner, 2006 NSSC 367 (CanLII), per Goodfellow J NS SC 4 years Offender was involved in trafficking cocaine while incarcerated. Record: long record with 29 convictions, including those for drugs, violence and breaches Orders: Lifetime firearms prohibition. Comments: sentence is consecutive to sentence currently being served.

Couriers and Other Parties

Case Name Sentence Drug / Quant. Summary
R v Jenkins
2008 BCPC 286 (CanLII), per Galati J
40 months 11 kg acting as courier
R v Brown
2006 ABCA 339 (CanLII), per O’Brien JA
5.5 years
R v Grossman
[1998] BCJ No. 63 (S.C.), 1998 CanLII 2432 (BC SC), per Romilly J

Conspiracy

Case Name Sentence Drug / Quant. Summary
R v DiQuinzio,
2014 BCCA 125 (CanLII), per Frankel JA
12 years tried to buy 50 kg of cocaine from an undercover officer
R v Kane
2012 NLCA 53 (CanLII), per Welsh JA
2 years less a day
R v Wong
2005 ABPC 72 (CanLII), per McDonald J
4.5 years drugs and guns

Drug Trafficking, Schedule I, Cocaine, Small

Digests, Under 5oz/151gr

See also: Drug Trafficking, Schedule I, Cocaine (Sentencing Cases) and Drug Trafficking, Schedule I, Cocaine, Large (Sentencing Cases)
Case Name Sentence Drug / Quant. Summary
R v Murphy,
2019 NSSC 105 (CanLII), per Roskinski J
2 years
(after remand credit)
2 years probation
6.2 g cocaine "The offender had been found guilty following a trial of possession of 17 chunks of crack cocaine weighing 6.2 g with an approximate street value of $510-$620. The Court found that he was a street-level trafficker and that this was not a one-time situation. He had an unrelated, but extensive youth and adult criminal record, with several serious property offences and failing to attend court, but only one prior section 4(1) CDSA possession charge... [He] was 35 years old with a 10-year-old son who lived with his parents.... " [3]
R v Safaye,
2017 MBQB 217 (CanLII), per Greenberg J
4 years 4.5 gr cocaine and crack
R v Fuller,
2017 ABCA 361 (CanLII), per Rosborough JA
18 months 1 gr cocaine The offender was 30 years old with two children. He had two prior convictions relating to marijuana.
R v Casey,
2017 NSPC 55 (CanII), per P Williams CJ
Suspended Sentence, 3 years .23 gr crack cocaine The offender pled guilty to selling crack cocaine to an undercover officer. He was 21 years old with a prior record for impaired driving. He was involved in community activities.
R v Felix,
2017 SKCA 16 (CanLII), per Jackson JA
"[T]he accused pled guilty to one count of trafficking in cocaine. The accused was at a bar and was approached by an acquaintance who said two women wanted to meet him. He joined the women and was attracted to one of them. One of the women asked the accused if he had some cocaine. He told her he did not and she asked him if he could get her some. The accused, who was not a user of cocaine, approached someone who gave him a dealer’s phone number. After making contact with the dealer, Mr. Felix went with the women and bought them 1.6 grams of cocaine with $200 supplied by them. The accused did all this to impress one of the women because he was attracted to her. To the accused’s disappointment, the women drove away. The accused retained none of the cocaine and received no money or reward for the transaction. Roughly a week later, one of the women contacted the accused seeking more drugs. He gave her a phone number but did not meet them again and did not acquire any further drugs for them. The women were undercover police officers. He was arrested and charged with one count of trafficking in cocaine. ... The accused was a First Nations person who had suffered many of the Gladue factors. At the time of the offence he was vulnerable. He had no prior criminal record. He was assessed at the 17th percentile to reoffend." [4]
R v Ameeri,
2016 BCSC 1187 (CanLII), per Kent J
90 days
R v Kaytor,
2015 SKQB 105 (CanLII), per McMurtry J
"the accused was convicted of one count of trafficking cocaine; one count of possession for the purpose of trafficking; and, one count breach of recognizance. At the time of sentencing, Mr. Kaytor was 35 years old. He had a lengthy criminal record, including robbery, possession of a weapon, drug possession, impaired driving and a number of convictions for breaches of court orders. Mr. Kaytor had his GED and various trade certificates. He was employed part-time. His main family support was his mother – he was unmarried and had no children. In regards to the trafficking offence, Mr. Kaytor responded to a police agent seeking to buy cocaine. He sold the undercover police officer one gram of cocaine for $80.00. He was arrested two months after the sale. The remaining offences occurred later. On that date, Mr. Kaytor was stopped by the police in his vehicle. He was arrested for breaching a condition of his recognizance; that he maintain a curfew; and, during a search permitted by his recognizance, the police located five ounces, or 140 grams, of cocaine. The writer of the Pre-Sentence Report indicated that Mr. Kaytor was at high risk to re-offend, due to the following factors: substance abuse, peers, self-management, employment, residence instability, and, his attitude towards offending. At the time of sentencing, Mr. Kaytor had spent the equivalent of 22 months in custody. " [5]
R v Dunn,
2015 CanLII 18743 (NL SCTD), per Burrage J
2 years less a day CSO 131 grams The offender had a prior conviction for trafficking in marijuana. He was 26 years old at the time and was supporting his child and mother.
R v Way,
2015 NSSC 14 (CanLII), per Coughlan J
2 years, 1 month 50g cocaine The offender was convicted for possession for the purpose of trafficking. The offender was arrested in his vehicle. He had a cell phone and over $700 in cash on him. His residence was searched and they found approximately 50 g of cocaine, scales, dime bags and score sheets. He was 21 years old with a high school education. He had a positive work history. He had no criminal record and family support.
R v Arcand,
2014 SKPC 12 (CanLII), per Daunt J
90 days 32.7 grams Offender found in residence with cocaine. Admits to selling out of house with her partner.
R v Howell,
2013 NSCA 67 (CanLII), per Beveridge JA
2 years less a day CSO 1 gram
R v Corcho,
2013 ONSC 1779 (CanLII), per Strathy J
6 months CSO 0.27 gr
R v Dexter,
2013 SKQB 18 (CanLII), per Gunn J
13 months 11 gr
R v Agecoutay,
2012 SKPC 186 (CanLII), per Cardinal J
15 months CSO 1.5 gr Offender was remorseful and broke ties from gang.
R v McCallum,
2012 SKPC 162 (CanLII), per Harradence J
20 months CSO $80 worth
R v McIntyre
2012 SKCA 111 (CanLII), per Richards JA
10 months $280 worth Offender part of a dial-a-dope operation, caught selling to undercover twice.
R v Coss
2012 MBQB 272 (CanLII), per Greenberg J
4 years ~85 grams
R v Peddie
2012 ABPC 238 (CanLII), per AJ Brown J
2 years less a day CSO 3 small pieces of crack sold crack to undercover three times
R v Ahmed
2012 ABPC 191 (CanLII), per AJ Brown J
2 years 50 grams
R v Dzienis
2012 ONCJ 442 (CanLII), per Cole J
18 month CSO 28.75 grams
R v Abdi Fatah Mahamad
2012 ONSC 3641 (CanLII), per O'Marra J
16 months CSO 6.6 grams sold crack to undercover officer three times
R v Fowler
2012 SKPC 93 (CanLII), per Harradence J
18 months CSO 10 cc
R v Shawile
2012 SKCA 51 (CanLII), per Herauf JA
18 months 54 grams overturned CSO
R v Shusterman
2012 BCSC 362 (CanLII), per Romilly J
1 year 29 grams cocaine trafficking
R v Carvery
2012 NSSC 49 (CanLII), per Robertson J
2 years 4.4 g two counts trafficking
R v Barrick
2012 BCCA 83 (CanLII), per Tysoe JA
6 to 7.5 months 2 to 4g trafficking one two occasions
R v Robinson
2012 ONCA 50 (CanLII), per curiam
12 months -
R v Taylor
2012 CanLII 1915 (NL SCTD), per Dymond J
16 months CSO warden smuggling in cocaine into prison
R v L.C.
2011 NSPC 35 (CanLII), per Derrick J
R v Tolliver
2011 NSSC 54 (CanLII), per Kennedy CJ
R v Mullins
2011 SKQB 478 (CanLII), per Zarzeczny J
30 months 29.9 g also had 13,000g of marijuana and $20k+ of cash
R v Do
2011 ABQB 749 (CanLII), per Lee J
30 months .7 grams cocaine trafficking
R v Kane
2011 NLTD 159 (CanLII), per Faour J
2 years less CSO conspiracy to traffick in cocaine and marijuana
R v Pham
2011 ABQB 647 (CanLII), per Burrows J
2 years less a day CSO over 10 year old charge
R v Simmonds
2011 NLTD 135 (CanLII), per Goodridge J
7 months, 14 days 32 grams
R v Hussseinali
2011 ABPC 270 (CanLII), per Barley J
1 year .5 grams
R v Kassim
2011 ABPC 266 (CanLII), per Barley J
2 years less CSO 1.2 grams
R v Pitts
2011 NSPC 60 (CanLII), per Whalen J
2 years 60 grams age 31; limited record; diabetes
R v Speziale
2011 ONCA 580 (CanLII), per Armstrong JA
14 months < 15 gr age 29; appeal from 5 years
R v Liparoti
2011 ABCA 250 (CanLII), per curiam
18 mo CSO small quantity of crack 69 days remand; "exceptional" circumstances
R v Gosselin
2011 NWTTC 15 (CanLII), per Malakoe J
9 months 3 gr
R v Schmidt
2011 ABCA 211 (CanLII), per curiam
2 years less a day jail 18 mo for two incidents appealed
R v Dow
2011 ABCA 38 (CanLII), per Rowbotham JA
30 months 50gr cocaine; other drugs as well appealed 2 year CSO
R v Chalifoux
2010 ABCA 237 (CanLII), per Côté JA
4 years 81 grams of cocaine;
180 morphine tablets;
148 grams of marijuana
CSO appealed;
R v Conyers
2010 ABQB 520 (CanLII), per Macleod J
2 years less CSO 1.8 grams
R v Strickland
2010 NLTD 2 (CanLII), per Handrigan J
16 months 9.6 grams of cocaine; 66 ecstasy pills
R v Harrison
2009 ONCA 386 (CanLII), per curiam
12 months 8.95 gr cocaine
R v Allison
2009 NSSC 264 (CanLII), per Cacchione J
30 mo
R v Walkley
2009 BCCA 87 (CanLII), per Ryan JA
15 months 2 oz cocaine The offender pleaded guilty to trafficking in cocaine. He had held himself out to be the boss of a dealer who sold 2 oz of cocaine to an undercover officer. He was 21 years old with no criminal record and 23 at the time of sentence.
R v Conway
2009 NSCA 95 (CanLII), per Bateman JA
18 months elderly offender
R v Blais
2009 ABQB 103 (CanLII), per Sullivan J
3 years 141 gr of cocaine (part crack part powder) fully employed, some record for violence and breaches.
R v Sampson
2009 NSSC 165 (CanLII), per Wright J
R v Balon
2009 SKQB 233 (CanLII), per Zarzeczny J
12 months CSO 30 grams
R v McDougall
2009 BCSC 126 (CanLII), per Scarth J
6 mo and probation 3 gr cocaine dial-a-dope operation; clean for 2 years
R v Hashem
2008 SKQB 220 (CanLII), per Zarzeczny J
18 months 30 g
R v Barrett
2008 NLCA 23 (CanLII), per Welsh JA
2 years less a day CSO 5 counts trafficking
R v Von Hagen,
2008 SKCA 123 (CanLII), per Lane JA
18 mo CSO 4 gr of crack cocaine; 11 gr marijuana "the offender was 18 years old and had no record. She visited her boyfriend, an inmate at a penitentiary, with four grams of cocaine (street value $360) and 14 grams of marihuana (street value of $200) secreted in a body cavity. She had delivered the drugs under duress and, since the offence, had moved to another city, ended her relationship with the boyfriend and secured full-time employment. The Court of Appeal set aside a jail term and substituted an 18 month conditional sentence." [6]
R v Alibhai
2008 BCSC 1549 (CanLII), per Ehrcke J
9 mo 22.7 gr of crack cocaine low level dial-a-dope; some record; no addiction issues
R v Klassen
2008 YKTC 64 (CanLII), per Faulkner J
4 months 0.4 g crack
R v Powland
2008 ABPC 273 (CanLII), per LeGrandeur J
12 months CSO 60 grams
R v Draskoczi
2008 NWTTC 12 (CanLII), per Schmaltz J
18 mo 1 gr crack 33 year old; lengthy criminal record including 2 counts of possession for purposes of trafficking
R v Dunbar
2008 NSPC 57 (CanLII), per Derrick J
16 months after 14 mo credit 5.5 gr crack cocaine long record; low level dealer
R v Cheung
2008 BCSC 1834 (CanLII), per Loo J
1 year CSO 3.4 grams low level dial a dope operation;
R v Johnson
2008 BCSC 1162 (CanLII), per Barrow J
8 months 3.6 grams
R v Steeves
2007 NSCA 130 (CanLII), per Oland JA
2 years, 6 months 77g coke; 100 ecstasy pills 29 years old, 2 children; neurological disorder; overturn CSO
R v Bowen
2007 ABCA 40 (CanLII), per Read J
14 months CSO 1 gram
R v Sawatsky
2007 ABCA 353 (CanLII), per Martin JA
42 months appeals 2 year CSO
R v Desjarlais
2007 NWTSC 23 (CanLII), per Richard J
12 months 21 gr
R v Jaber
2007 ABCA 383 (CanLII), per Paperny JA
2 years less CSO 1 gram
R v Lee
2007 ABCA 288 (CanLII), per O'Brien JA
2 years less CSO 4 grams
R v Glasgow
2007 NSSC 370 (CanLII), per Cacchione J
R v Lennartsson
2006 ABCA 189 (CanLII), per Fruman JA
cocaine sold to undercover officer
R v Young
2006 ABPC 94 (CanLII), per Fraser J
2.5 years 28 gr
R v Lever
2006 BCSC 979 (CanLII), per Meiklem J
6 months 3.5 gr
R v Johnson
2006 CanLII 18353 (ON C.A.), per curiam
possession for purpose of trafficking
R v Dodd
2006 CanLII 1911 (ON C.A.), per curiam
2.5 years after 9 months remand
R v Lively
2006 NSSC 274 (CanLII), per Gruchy J
25 months 15 gr
R v Turner
2006 NWTSC 6 (CanLII), per Paul J
11 mo 1 gr crack 22 year old; no criminal record
R v Gibbon
2006 BCCA 219 (CanLII), per Ryan JA
4 years
R v Saari
2006 BCCA 288 (CanLII), per Levine JA
crack cocaine low-level dial a dope
R v Do
2006 BCCA 492 (CanLII), per Ryan JA
8 months
R v Kerr
2006 BCPC 144 (CanLII), per Ellan J
15 months dial-a-dope cocaine
R v Sparks
2005 NSSC 175 (CanLII), per Moir J
R v Coombs
2005 NSSC 90 (CanLII), per Cacchione J
12 months CSO 50 g crack
R v Bui
[2004] OJ No 3452 (C.A.), 2004 CanLII 7201 (ON CA), per curiam
18 months 7 grams
R v Panousis
2004 ABCA 211 (CanLII), per Fraser CJ (2:1)
2 years less CSO 6 grams
R v Shaw
2004 ABPC 217 (CanLII), per AJ Brown J
2 years less CSO .55 grams
R v McCrae
2003 ABPC 93 (CanLII), per Sully J
15 months 90 grams 18 year old with no record
R v Klyne
2003 SKPC 95 (CanLII), per Snell J
2 years less a day CSO 5 oz trafficked to undercover officer 8 times. Also trafficking in 20gr of marijuana
R v Keizer
2003 NSSC 128 (CanLII), per Wright J
R v Tokic
2002 NSSC 54 (CanLII), per Murphy J
R v Dawe
2002 NSCA 147 (CanLII), per Hamilton JA
15 months 4 grams cocaine and 200g hashish
R v Salih
2002 ABPC 106 (CanLII), per Semenuk J
2 years less CSO 4.5g not addict; knife present
R v Sudsbury
2002 NSSC 77 (CanLII), [2002] NSJ No. 137, per McDougall J
2 years less CSO chronic depression; positive PSR
R v Fung
2002 CanLII 46191 (MB PC), [2002] M.J. No. 322, per Rubin J  
2 years less CSO 226 g of crack courier; gambling debt; no record; family
R v Gronau
2002 ABQB 511 (CanLII), [2002] AJ No 928, per Johnstone J 
2 years less CSO 60 g no record, working, good PSR  
R v Petrovich
[2002] AJ No 728 (PC) 2002 ABPC 92 (CanLII), per Semenuk J
  2 years less CSO 4.5 gr 4 incidents no addiction; youthful; family support; good PSR
R v Evans
2002 ABPC 74 (CanLII), per Daniel J
  2 years less CSO 1.5 g family support, no record, youthful, stopped selling before arrested
R v Taleb
2002 ABPC 130 (CanLII), per Fradsham J
2 years less CSO 3 g crack   5 transactions, commercial dealing; unrelated record; good PSR
R v Gray
2001 NSSC 195 (CanLII), per Goodfellow J
R v Nguyen
2001 BCCA 624 (CanLII), per Ryan JA
5 months 3.5 grams of cocaine
R v Rahime
2001 ABCA 203 (CanLII), per curiam
18 months CSO 3g cocaine multiple transactions; no record; addiction history; 10 g in simple possession
R v Provo
2001 NSSC 189 (CanLII), per M MacDonald ACJ
2 years less a day CSO crack
R v Malcolm
[2000] OJ No 4309 (ONCA) (*no CanLII links)
6 months 0.9 grams
R v Kozma
2000 BCCA 440 (CanLII), per Newbury JA
two years less a day CSO
R v Downey
[2000] NSJ No. 311 (NSCA), 2000 NSCA 110 (CanLII), per Roscoe JA
3 years
R v Talbot
1999 CanLII 900 (NS SC), (1999) 176 N.S.R. (2d) 316 (S.C.), per Kelly J
R v Meggo
1998 CanLII 3772 (ON CA), [1998] OJ No 3452 (ONCA), per curiam
18 months 7 grams
R v Charlie
1998 CanLII 4446 (BC CA), per Huddart JA
3 months crack cocaine $70 worth
R v Sparks
1993 CanLII 3122 (NSCA), [1993] NSJ No. 448, per Chipman JA
32 months four incidents of trafficking, "extreme" record, age 23
R v Robins
1993 CanLII 3205 (NS CA), (1993), 121 N.S.R. (2d) 254, per Clarke CJ
18 months 23.57 g
R v Huskins
1990 CanLII 2399, [1990] NSJ No. 46 (NSCA), per MacDonald JA
3 years 4 grams age 42, 29 prior convictions
R v Smith
[1990] NSJ No. 30 (NSCA), 1990 CanLII 2388 (NS CA), per Hart JA
4 years 2 oz sold to undercover twice, 2 years for each incident, age 35 [per Hart JA]
R v Lessard
[1990] 59 CCC (3d) 123 (QCCA), 1990 CanLII 3102 (QC CA), per Nichols JA (2:1)
2 years age 24; no prior record
R v Byers,
1989 CanLII 200 (NS CA)] , [1989] NSJ No. 168 (NSCA), per Hart JA
3 years 6 grams "The offender had pled guilty to 2 separate sales of 1 g of cocaine and, on the second occasion, 4 grams of cocaine to an undercover officer. The trial judge had ordered one-year consecutive for each of the offences for a total of two years imprisonment. The Court of Appeal noted, at page 3, that cocaine is a “highly addictive substance” and that it was necessary “to give warning to all those greedy persons who deal in the supply and distribution of the narcotic cocaine that more severe penalties will be imposed even when relatively small amounts of the drug are involved.” The sentence was varied to be 18 months on each of the two counts consecutive for a total of three years in prison." [7]
R v Downey
[1989] NSJ No. 368 (NSCA)(*no CanLII links)
18 months 4.5 grams
R v Aikens
[1981] 33 N.B.R. (2d) 630 (NBCA)(*no CanLII links)
6 months 15.3 gr
R v Maskell
(1981) 58 CCC (2d) 408, 1981 ABCA 50 (CanLII), per Moir JA
3 years see para 20 [per Moir JA]

Drug Trafficking, Schedule I, Cocaine, Large

Digests, Over 5oz/151gr

See also: Drug Trafficking, Schedule I, Cocaine (Sentencing Cases) and Drug Trafficking, Schedule I, Cocaine, Small (Sentencing Cases)
Case Name Prv. Crt. Sentence Drug / Quant. Summary
R v Chevrefils,
2019 NSPC 16(complete citation pending)
NS PC 10 years 250 kg Summary of case is pending.
R v Sanchez,
2018 ONSC 1294 (CanLII), per Dunphy J
ON SC 4.5 years (cocaine)
1 year (oxycodone)
9 months (Psilocybin)
6 months (marijuana)
Summary of case is pending.
R v Hobeika,
2018 ONSC 1293 (CanLII), per Dunphy J
ON SC 7.5 years (cocaine)
1.5 yeras (oxycodone)
9 months (psilocybin)
6 months (marijuana)
1 year (proceeds, laundering)
Summary of case is pending.
R v Scharf,
2017 ONCA 794 (CanLII), per curiam
ON CA 5 years (trafficking)
1.5 years (weapons)
236 gr The offender was caught trying to flush cocaine down the toilet.
R v Carter,
2017 SKQB 74 (CanLII), per Megaw J
SK SC 18 months 1 kg cocaine "the accused was convicted of one count of possession of cocaine for purposes of trafficking. At the time of sentencing, Ms. Carter was a 53 year old female with no prior criminal record. Following extensive police surveillance, the accused was found to be in possession of one kilogram of cocaine. This was reported by the Crown to have a value of between $60,000.00 and 80,000.00. The cocaine was found in the accused's car following a search. The accused gave evidence at trial, said she did not know there were any drugs in her vehicle much less that amount of cocaine. This was not accepted. There was no indication that she was involved in the trafficking trade or that she used drugs. In this case, she was acting as a courier to retrieve drugs. Ms. Carter’s involvement as a drug courier was considered to be an aggravating factor in this case. Her age, lack of record, and no prior involvement with drug trafficking were all considered to be mitigating factors. She was sentenced to 18 months’ imprisonment." [8]
R v Holland,
2017 NSSC 148 (CanLII)(complete citation pending)
NS SC 3.5 (drugs)
5 years (firearms)
167 g "The offender had pled guilty to one count of possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA as well as one count of possession of a prohibited or restricted firearm with ammunition contrary to section 95(1) of the Code. A search of the offender’s apartment located 167 g of cocaine, various drug trafficking paraphernalia and a sizable quantity of cash. They also found a 9 mm handgun with ammunition. ... [He] was 36 years old, single but had one child for whom he was paying child support. His parents had separated at an early age and he was raised by his mother, grandmother, his aunt as well as one year in foster care. He had two years of university education and was gainfully employed as a co-owner of two businesses. ...The Pre-Sentence Report was generally positive, and an important mitigating factor was his guilty plea and acceptance of responsibility. However, as an aggravating factor, he had a criminal record of two prior section 5(2) CDSA trafficking convictions and two prior firearm possession convictions under section 91(1) and section 95(1) Code. For those prior offences, which had occurred about 10 years earlier, he had served about three years in jail."
R v Webster,
2016 BCCA 218 (CanLII), per Frankel JA
BC CA 18 months 1 kg cocaine The offender pleaded guilty to possession for the purpose of trafficking. Police were surveilling him and arrested him with about .5 kg of cocaine. His condo had 330 g of cocaine along with drug trafficking paraphernalia such as score sheets, scales, and cash.
R v Ovid,
2016 ONSC 2974 (CanLII), per Campbell J
ON SC 3.5 years 305 grams Summary of case is pending.
R v Amante,
2016 ONCA 16 (*no CanLII links)
ON CA 7 years 1 kg cocaine, and other drugs Summary of case is pending.
R v Wilhite,
2014 ABCA 161 (CanLII), per Martin JA
AB CA 3.5 years 8.1 oz Offender was a drug courier. He was seen taking a package of 8.1 oz of cocaine and 1.2 oz of crack cocaine.
R v Nagy,
2013 BCCA 419 (CanLII), per Groberman JA
BC CA 4 years 3 kg found trafficking 1kg and was later caught with 2 kg in vehicle. Appeal of 5.5 years allowed for failure to take totality into account.
R v Huynh
2012 ABQB 483 (CanLII), per Sullivan J
AB SC 37 months 412 gr commercial retailer
R v G.T.
2012 MBQB 135 (CanLII), per McKelvey J
MB SC 36 months 30 oz courier
R v Nestbitt,
2012 BCCA 243 (CanLII), per Chiasson JA
BC CA 2 years less a day CSO 17 kg youthful--let his residence be used as a stash house, made deliveries
R v Marshall
2012 ABCA 160 (CanLII), per Watson JA
AB CA 2 years less a day 9 oz
R v Brown
2012 MBQB 29 (CanLII), per Simonsen J
MB SC 5 years 10 oz attempted to purchase cocaine, gang affiliation.
R v Messervey
2012 CanLII 2507 (NL SCTD), per Goodridge J
NL SC $20,000 fine + probation 10 oz age 55
R v Ducharme
2012 MBCA 35 (CanLII), per Chartier JA
MB CA 5 years 1 kg cocaine more than mere courier
R v Archibald
2012 CanLII 11927 (NL SCTD), per Adams J
NL SC 2 years less a day CSO (JR) 1 lb cocaine
R v Momprevil
2012 ONCA 209 (CanLII), per curiam
ON CA 8 years $133k worth also convicted of assault CBH and poss'n marijuana
R v Kum
2012 ONSC 1314 (CanLII), per Wein J
ON SC 8 years 3 kg
R v Oraha
2012 ONSC 1439 (CanLII), per Archibald J
ON SC 9 years 3kg also convicted for trafficking in MDMA and methamphetamine.
R v Dew
2012 MBQB 28 (CanLII), per Burnett ACJ
MB SC 7 to 12 years 2kg and 10 oz over three deals, age 55
R v Qureshi
2011 ABPC 332 (CanLII), per Malin J
AB PC 9 to 10 years 1,331 gr cocaine
1,625 gr meth
506 ecstasy tablets
connections with organized crime; loaded guns found
R v Burrett
2011 ONCA 565 (CanLII), per curiam
ON CA 7 years 2.5 kg The offence occurred over three transactions; joint recommendation; co-accused got 4 years
R v Traimany
2011 MBCA 104 (CanLII), per Chartier JA
MB CA 60 months 1 lb
R v Bryan
2011 ONCA 273 (CanLII), per curiam
ON CA 5 to 8 years 1 pound of cocaine no record; guilty plea
R v Calanza
2010 MBQB 240 (CanLII), per Oliphant J
MB SC 3 years $30k worth mid-level dealer
R v Butt,
2010 NSCA 56 (CanLII), per Bateman JA
NS CA 5 years 1.2 kg cocaine "The offender had pled guilty to one count of possession for the purpose of trafficking cocaine. Police intercepted a package which was destined for Mr. Butt’s home address which contained two one-kg bricks of cocaine of significant purity. A search of his house located an additional 196 g of powdered cocaine. He claimed to be acting only as a middleman for others operating at higher levels in the drug trade to distribute cocaine to local traffickers. ...[He] was 35 years old and had a prior drug conviction with a lengthy criminal record who claimed to have been involved in the drug trade only to feed his addiction to cocaine. He had told the trial judge that he had turned his life around, planned to upgrade his education, was regularly employed, now drug-free and was receiving chemotherapy for non-Hodgkin’s lymphoma. A post-sentence report indicated that most of what he had told the trial judge was not true and that he had continued to offend up to the month before the sentencing hearing." [9]
R v John Preston Kuenzler
2010 ONSC 4016 (CanLII), per Kiteley J
ON SC 4 years 880.32 g cocaine;
15,348.98 g marijuana
other drugs
R v Knickle
2009 NSCA 59 (CanLII), per Roscoe JA
42 months 312 g "The offender had pled guilty to charges of having possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA and careless storage of a firearm contrary to section 86(1) of the Criminal Code. A search of his residence located almost 312 g (about 11 ounces) of cocaine, three scales, baggies and 19 firearms, four of which were being stored improperly. The street value of the drugs was between $23,000 and $31,000." "The offender was 43 years old, a divorced single parent with two teenaged children, with grade 9 education who had been involved in the fishing industry until he suffered a serious injury. He had no prior criminal record." [10]
R v Yakimishyn
2009 ABQB 162 (CanLII), per Hillier J
AB SC 10.5 years 3kg
R v Byrne
2009 NLCA 3 (CanLII), per Rowe JA
NL CA 2 years less a day CSO 280 gr cocaine age 29 with no record
R v Ruggiero
2008 ONCA 314 (CanLII), per curiam
ON CA 41 months 2000 pills of ecstasy; 769.22 grams of cocaine,
including 517.96 grams of crack
R v Mileos
2008 BCSC 1833 (CanLII), per Groberman J
BC SC 42 months Cocaine 52.3 kg no record; age 43
R v Nero
2008 ONCA 622 (CanLII), per curiam
ON CA 8 years 3kg overturned sentence of 5 years; involved three offences: two instances of trafficking 1kg each, and possession of 1 kg for purpose; age 31, unrelated record, guilty plea.
R v Hein
2008 BCCA 230 (CanLII), per Smith JA
BC CA 44 months 6.5 kilos cooperated with police
R v Epp
2006 BCCA 570 (CanLII), per Low JA
BC CA 10 years 100 kilos
R v Snow
2006 ABCA 167 (CanLII), per Costigan JA
AB CA 5 years 53 spitballs of cocaine, 12 oz of hard cocaine,
two oz powder cocaine , 6 spit balls of methamphetamine,
and one ounce of methamphetamine
R v Vautour
2005 NBQB 417 (CanLII), per McLellan J
NB SC 3 years 10 oz cocaine
R v Patel
2005 BCPC 442 (CanLII), per Couto J
BC PC 2 years 1.8 kilo cocaine plus pills
R v Szczerba
2004 ABCA 301 (CanLII), per Fruman JA
AB CA 10 oz cocaine 30 months
R. v. Messervey, <be>[2004] N.S.J. No. 520 (PC)(complete citation pending) NS PC 2 years less a day CSO "small amounts"
R v Macias
[2003] OJ No 5564 (S.C.)(*no CanLII links)
ON SC 5 years 1.3 kg no record, deep remorse, no personal remuneration
R v McCrae
2003 ABPC 93 (CanLII), per Sully J
AB PC 15 months 4 ounces of crack cocaine
R v Bajada
2003 CanLII 15687 (ON CA), (2003), 173 CCC (3d) 255 (Ont. C.A.), per Weiler JA
ON CA 6 years 0.5 Kg cocaine age 51; long record
R v Dann,
2002 NSSC 237 (CanLII), per MacDonald ACJ
NS SC 4.5 years 300 g "The offender was found guilty following a trial of possessing 300 g of powdered cocaine for the purpose of trafficking. The offender was 27 years old, engaged to be married and did not have an extensive prior criminal record, although there was a prior conviction for possession of narcotics. The Court accepted a joint recommendation for a 4 ½ year sentence of imprisonment and noted that the Nova Scotia Court of Appeal had “consistently emphasized the need for general deterrence” as the primary consideration in the sentencing of a drug trafficker" [11]
R v D.E.M.
2002 NWTSC 89(*no CanLII links)
NW SC 30 months 10 oz cocaine admits to being courier; 18 years old
R v Pankewich
2002 SKCA 7 (CanLII), per Jackson JA
SK CA 2 years less a day 10 oz / 1 lb two co-accused
R v  Henderson
 2002 ABQB 442 (CanLII), per Burrows J
AB SC 3.5 years 1 kg and 40 oz gun present; courier; on bail for 5 years
R v Chaves
[2002] S.J. No. 63 (S.C.), 2002 SKQB 4 (CanLII), per McLellan J
SK SC 2 years less a day CSO 1 lb and 10 oz large commercial enterprise; middleman; no record
R v Clough
2001 BCCA 613 (CanLII), per Donald JA
BC CA 12 month CSO 9 oz cocaine
R v Salazar
[2000] OJ No. 4974(*no CanLII links)
ON ? 8 mo. CSO 8 oz Summary of case is pending.
R v Lobon-Valencia
1999 BCCA 315 (CanLII), per Goldie JA
BC CA three years after remand time 6 kilos of cocaine
R v Ellrodt
1999 BCCA 57 (CanLII), per Southin JA
BC CA 2 years less a day CSO quarter pound of cocaine
R v Aguilera
1998 CanLII 4115 (ON CA), (1998), 105 O.A.C. 366 (C.A.), per curiam
ON CA 6 years 3 kg no record, considered the “lower end” of the range
R v Mong
1998 CanLII 4899 (BC CA), per Prowse JA
BC CA 3 years 17.8 oz cocaine
R v Bui
1997 CanLII 3394 (BC CA), per Hall JA
BC CA 2 years less a day 27 oz cocaine
R c Robillard,
1996 CanLII 5984 (QC CA), per curiam
QC CA 16 years 1,454 kg cocaine
1,730 kg resin
convicted of importing possession, and trafficking of "enormous" qualities of drugs
R v Carvery,
[1991] N.S.J. No. 501
NS ? 5 years 184 g (6.5 oz)
R v Cavuoti
[1990] OJ No 17 (C.A.)(*no CanLII links)
ON CA 6 years 5 lb (2.27kg) no related record

Drug Trafficking, Schedule II

Marijuana

Importation

Case Name Sentence Summary
R v Adam
2007 BCSC 764 (CanLII), per Romilly J
3.5 to 7 years large marijuana importation scheme

Smuggling

Case Name Sentence Drug / Quant. Summary
R v Smith,
2008 MBPC 40 (CanLII), per Corrin J
10 mo with probation 17 grams caught trying to smuggle 17 g marijuana into prison; poor PSR; prior record for trafficking
R v Lavallee,
2008 MBPC 39 (CanLII), per Corrin J
18 month CSO 17 grams driver in operation to sneak 17 g of marijuana into prison; good PSR
R v Rastgoei,
2008 BCCA 242 (CanLII), per Bauman JA
1 year 1 to 2 pounds involved in dial-a-dope operation; included 1 to 8 gr of cocaine; no record
R v Delafosse,
2008 YKTC 82 (CanLII), per Fulkner J
4 mo CSO low level dial-a-dope operation; no record

High level trafficking

Case Name Sentence Drug / Quant. Summary
R v Giulioni,
2013 CanLII 15445 (NL SCTD), per Goodridge J
18 month CSO 11 kg
R v Martin
2012 CanLII 52791 (NL SCTD), per Faour J
20 months 13 lb (M) + 7 lb (H)
R v Sullivan
2012 CanLII 32169 (NL SCTD), per Goodridge J
3 years 49 lb prior record for trafficking
R v Lee Roy Durepos
2012 NBPC 7 (CanLII), per Duffie J
2 years less a day CSO 7.5 lb marijuana trafficking--offender had unrelated record
R v Gendron
2012 CanLII 10863 (NL SCTD), per Seaborn J
18 month CSO (JR) 30 lb
R v Martin
2011 NLTD 142 (CanLII), per Adams J
2 years less CSO 5 lb
R v Gorcsi
2011 ONCJ 532 (CanLII), per Harpur J
2 years less CSO 15 lb
R v Hill
2007 BCCA 309 (CanLII), per Smith J
30 months 105 lb signs of being a high level commercial drug dealer
R v Provost
2006 NLCA 30 (CanLII), per Rowe JA
15 months 1lb
R v Forsberg
2005 BCPC 706 (CanLII), per Watchuk J
18 mo CSO 43 lb no record; drug courier
R v Sewell
2003 SKCA 52 (CanLII), per Bayda CJ
9 months 3 kg
R v Jones
2003 NSCA 48 (CanLII), per Roscoe JA
3 years 4.6kg of resin
R v Grewal
2003 SKCA 56 (CanLII), per Sherstobitoff JA
2 years 160 lb
R v MacIvor
2002 NSSC 225 (CanLII), per LeBlanc J
4 month 79 plants and 3 kg dried
R v Tanguay
2001 CanLII 2746 (ON CA), per curiam
27 months 2.5kg of marijuana
R v Su
2000 BCCA 480 (CanLII), per Lambert JA
12 months
R v Walsh
1999 CanLII 18934 (NL C.A.), per Well CJ
18 months 18lb
R v Collette
1999 CanLII 4552 (NS CA), per Glube CJ
3 years 10 kg canabis resin
R v Hill
1999 NSCA 118 (CanLII), per Freeman JA
15 months 1 lb of marijuana and 1kg of hashish
R v Marcotte
[1976] N.J. No. 121,(Nfld. D.Ct.)(*no CanLII links)
3 years 2 lb cannabis resin street value of $10,000.00

Low level dealing

Case Name Sentence Drug / Quant. Summary
R v Bonnie,
2013 ONCJ 243 (CanLII), per Zisman J
2 months (marijuana)
8 months (oxycodone)
< 20 grams
R v Fizzard
2012 NLCA 80 (CanLII), per Rowe JA
19 days + P 121 grams trial judge overturned a joint recommendation. Appeal from 4 months custody.
R v McKenzie
2012 SKCA 92 (CanLII), per Cameron JA
12 months 0.5 lb relatively large commercial operation--aged 19--Crown appeal from 15 months CSO
R v Murray
2012 ABPC 123 (CanLII), per Semenuk J
6 months 30 gr sold 30gr to undercover officer on two occasions.
R v Hunt
2012 NLCA 5 (CanLII), per Barry JA
4 months 29 g
R v Randell
2011 SKCA 124 (CanLII), per Caldwell JA
9 mo CSO appeal from discharge
R v Roemer
2011 SKPC 73 (CanLII), per Kovatch J
6 months 253 grams
R v Fizzard
2011 CanLII 5260 (NL PC), per Porter J
4 and 6 months ? children in drug house
R v Tatchell
2011 NLTD 87 (CanLII), per Goodridge J
9 mo CSO
R v Hunt
2011 NLTD 29 (CanLII), per Whalen J
12 months 29gr
R v Tosczak
2010 SKCA 10 (CanLII), per Cameron JA
2 years less CSO
R v Stewart
2010 CanLII 20 (NL PC), per Porter J
90 days "small quantity" prior related record; sold to 16 year old
R v Kharaghani
2011 ONSC 3404 (CanLII), per Herman J
3 months 3 kg 2 sales to police of approx 6 gr each
R v Bohnet
2009 ABCA 314 (CanLII), per Watson JA
6 months (approx) 55 gr
R v Le
2009 SKQB 367 (CanLII), per Zarzeczny J
15 months
R v Atwell
2007 NSPC 60 (CanLII), per Tufts J
2 years less a day CSO also sentenced for production of marijuana and careless storage of a firearm
R v Sears,
2006 SKCA 137 (CanLII), per Lane JA
22 months CSO
R v C.B.
2006 ABPC 167 (CanLII), per Dunnigan J
2 years less a day CSO marijuana, resin, valium, ecstacy
R v Nicoll
2005 NSPC 15 (CanLII), per Tufts J
3 months CSO 35 gr two sales of 1 gram of marijuana, also found in possession of 8 bags totalling 35 g and scales
R v Wood
2005 SKQB 313 (CanLII), per Pritchard J
22 months CSO
R v Soura
2004 SKQB 308 (CanLII), per Hrabinsky J
21 months CSO
R v Ryan
2004 NSSC 173 (CanLII), per Goodfellow J
5 years 43 grams hash Accused was RCMP officer; used position to traffic
R v Simons
2002 SKCA 90 (CanLII), per Jackson JA
2 years less CSO age 65
R v Kozak
2003 SKQB 22 (CanLII), per Ball J
R v Charlish
2001 BCCA 27 (CanLII), per Southin JA
CSO 15 g marijuana attempting to bring into jail
R v Parsons
1999 NSCA 156 (CanLII), per Flinn JA
6 months CSO one joint no record; near a school
R v Cameron
1998 CanLII 2142 (BC SC), per Warren J
2 years less a day upheld at 1998 CanLII 6215 (BC CA)
R v Wesnoski
1997 CanLII 9757 (SK CA), per Lane JA
2 years less a day
R v Wheatley
1997 CanLII 14532 (NS C.A.),
159 N.S.R. (2d) 161, per Matthews JA
13 month CSO hashish a petty retailer of soft drugs and had a record of theft and fraud.
R v Ferguson
1988 CanLII 156 (NS C.A.),
84 N.S.R. (2d) 255, per Jones JA
12 months 1 oz two transactions
R v McGregor
1985 ABCA 163 (CanLII), per Kerans JA
1 year 2.2 g marijuana appeal from sentence of 2 years; age 21, prior similar record
R v Carlton,
1981 ABCA 290 (CanLII), per McClung JA
3 months The offender was found guilty of trafficking of $8 in marijuana. The sentencing judge sentenced him to 10 months custody. He was 17 years old. [per McClung JA]

See Also

Drug Trafficking, Schedule III

Schedule III - MDMA / Ecstasy

high level dealers
Case Name Pv. Ct. Sentence Amount Summary
R v Ling,
2012 ONSC 654 (CanLII), per McWatt J
ON SC 10 to 14 years production and trafficking of Ketamine and MDMA
mid level dealers
Case Name Pv. Ct. Offences Sentence Amount Summary
R v Kwong
2013 MBQB 1 (CanLII), per Perlmutter J
MB SC poss'n for purpose x 3
poss'n weapon w/out authorization
poss'n of counterfeit money
4 years (traffic) $37k worth offender was trafficking ecstacy, marijuana and cocaine
Regina v Christie
2009 BCPC 97 (CanLII), per Bennett J
BC PC poss'n for purpose 2 years
R v Kaasa
2008 ABPC 146 (CanLII), per Semenuk J
AB PC poss'n for purpose 6 months 21 ecstacy pills
R v C.B.
2006 ABPC 167 (CanLII), per Dunnigan J
AB PC poss'n for purpose 2 years less a day CSO marijuana, resin, valium, ecstacy
R v Toor
2006 BCCA 347 (CanLII), per Rowles JA
BC CA poss'n for purpose 32 month sentence 500 pills of ecstasy
R v Gallant (2006)
2006 NBQB 380(*no CanLII links)
NB SC poss'n for purpose 2 years less a day 890 ecstasy pills
R v Sigurdson
2005 CanLII 46573 (MBPC), per Sandhu J
MB PC poss'n for purpose 3 months 54 gr methamphetamine and 69 ecstasy pills
R v Russell & Grenfal
2000 BCSC 27 (CanLII), per Romilly J
BC SC poss'n for purpose 4 years 943 Ecstasy pills
low level dealers
Case Name Sentence Amount Summary
R v Kaasa,
2008 ABPC 146 (CanLII), per Belzil J
6 months 21 pills in possession; sold 2 to undercover some record; 27 years old
R v Idris
2007 ABPC 211 (CanLII), per AJ Brown J
CD and 30 mo probation 6 pills of ecstasy summary conviction offence; crown sought 12 months CSO
R v Houle,
2007 ABCA 407 (CanLII), per Belzil J
12 months imprisonment
R v Buzzell
2006 ABQB 272 (CanLII), per Burrows J
6 mo after 1.5 years remand credit 8 occasions of trafficking meth ranging from 3.5 grams to 5 ounces
R v Ferguson
2005 ABPC 37 (CanLII), per Lamoureux J
3.5 years ecstasy and K
R v Bercier (T.J.)
2004 MBCA 51 (CanLII){, per Monnin JA
R v Bedford
(2000) NSJ No. 277 (NSCA), 2000 NSCA 100 (CanLII), per Glube CJ


Smuggling into Prisons

R v Calder,
2012 NSCA 3 (CanLII), per Hamilton JA
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.
R v Moore,
2009 BCSC 1926 (CanLII), per N Brown J
4 years (global) offender was a jail guard who smuggled in drugs (marijuana, ecstacy, steroids) to penitentiary.

See Also

Drug Trafficking, Schedule IV

FULL TEXT VOL 6

Counterfeiting

Digests

See also: Counterfeiting (Offence)
Case Name Summary
R v Al Saidi,
2006 NBPC 20 (CanLII), per Ferguson J
R v Al Saidi,
2006 NBPC 22 (CanLII), per Ferguson J
R v Bennett,
[2005] N.J. No. 354 (N.L.S.C.-T.D.)(*no CanLII links)
R v Yang,
2004 BCCA 24 (CanLII), per Ryan JA
R v Ennis,
2002 CanLII 12712 (ONSC), [2002] OJ No 4515 (Ont.S.C.Just.), per Mossip J
R v Mak,
2000 BCCA 418 (CanLII), per Ryan JA
R v Goodie,
2001 NSSC 82 (CanLII), [2001] NSJ No. 231 (NSSC), per Goodfellow J
R v Laird,
2000 BCPC 210 (CanLII), per Young J
R v Hill,
[1998] OJ No 6041 (Ont.Ct.Just.P.D.)(*no CanLII links)
R v Freng
1993 CanLII 913 (BC CA), (1993), 86 CCC (3d) 91, per curiam
R v SGJ,
[1992] BCJ No. 2399 (BCCA)(*no CanLII links)
R v Santeramo,
[1976] OJ No 987 (Ont.S.C. and Ont.C.A.), 1976 CanLII 1456 (ON CA), per Brooke JA
R v DeBlois
(1974), 44 C.R. (Q.Ct.Q.B.-Appeals)(*no CanLII links)
R v Caccamo and Caccamo
1973 CanLII 46 (ON CA), (1973), 11 CCC (2d) 249 (Ont.C.A.), per Gale CJ
R v Brown,
[1861] OJ No 65 (Up.Can.Ct.Q.B.)(*no CanLII links)

Counterfeiting

Case Digests

Case Name Amount Sentence Summary
R v Flynn, 2012 BCPC 313 (CanLII), per Palmer J $184,830 and $1,148,700 3.5 years two separate incidents of counterfeiting
R v Khaira, 2011 ABPC 340 (CanLII), per Dunnigan J 14,000 counterfeit credit cards
6,000 counterfeit driver's licences
14 months importing
R v Homeniuk, 2011 BCPC 114 (CanLII), per Hicks J one U.S. counterfeit $50 3 months CSO
R v Cardinal, 2011 ABCA 373 (CanLII), per McFadyen JA 15 months forged bank draft for gambling
R v Ijam, 2007 ONCA 597 (CanLII), per MacPherson JA $8000 21 months CSO
R v Rafuse, 2004 SKCA 161 (CanLII), per Vancise JA five Canadian $100 bills 6 months after remand past record for theft
R v Christophersen, 2002 ABPC 173 (CanLII), per Allen J 2 years
R v Al Saidi, 2006 NBPC 22 (CanLII), per Ferguson J 17 months
R v Dunn, [1998] OJ No 807 (Ont. C.A.), 1998 CanLII 3017 (ON CA), per curiam 30 months
R v Desrochers, [1998] A.Q. No. 934 (Quebec Court Crim. Div.)(*no CanLII links) $998,080 in Cdn bills 3 years
R v Germain, [1995] A.Q. No. 254(*no CanLII links) $3000 fine
R v Rachid, [1994] OJ No 4228 (Ont. Prov. Div.)(*no CanLII links) 20$ bill x 18 5 months jail
R v Le, [1993] BCJ No. 165 (C.A.), 1993 CanLII 1882 (BC CA), per McEachern CJ $8000 counterfeit 9 months jail
R v Bruno, [1991] OJ No 2680 (Ont. Gen Div.)(*no CanLII links) one million+ dollars of counterfeit U.S. bills 30 months
R v Leung, [1985] BCJ No. 2165 (BCCA) (*no CanLII links) $65,000 U.S. counterfeit traveller’s cheques 14 years
R v Sonsalla (1971), 15 C.R.N.S. 99 (Que. C.A.)(*no CanLII links) 24,100 counterfeit $20 bills 4 years

Possession

Generally

Case Name Summary
R v MacLeod and Powell
2012 MBPC 21 (CanLII), per Curtis J
constructive possession of handguns is apartment
R v Mitchell
2012 ONSC 1602 (CanLII), per Backhouse J
conviction -- machine gun found under bed of accused, accused and father testified to not knowing of it and of someone else putting it there.

Actual or Constructive Possession

Case Name Summary
R v Quach
2008 SKPC 62 (CanLII), per Hinds J
not sufficient evidence to find joint possession

Items in a House

Case Name Summary
R v Rolston
2013 ABQB 37 (CanLII), per Verville J
not guilty
R v Sampson
2009 NSSC 133 (CanLII), per Wright J
drugs in coat in apartment not enough
R v Brar
2008 MBQB 133 (CanLII), per MacInnes JA
no possession of drugs in apartment
R v Nguyen
2005 ABQB 544 (CanLII), per Veit J
the judge stated that where at least two persons could have a connection to a grow-op found in building, the court cannot simply infer possession, regardless of whether the accused knew about the presence of the operation.
R v Berube
2004 ABQB 131 (CanLII), per Ross J
The judge quashed committal to stand trial due to lack of evidence of control over drugs in house. Accused was girlfriend sleeping over at her boyfriend’s house. see para 16
R v Dritsas
2003 MBQB 210 (CanLII), per Beard J
drugs in apartment found in possession
R v Egresits
2002 BCCA 163 (CanLII), per Huddart JA
accused aquitted on the basis of a lack of evidence allowing for interference of possession of grow-op found in house. There were four people linked to grow-op, evidence did not exclude alternatives to possession.

Items in Vehicle

Case Name Summary
R v Dang
2012 ABPC 208 (CanLII), per Fradsham J
not guilty -- accused driver not in possess of drugs in trunk
R v Muthuthevar
2012 ONSC 4008 (CanLII), per Boswell J
-
R v Ahmadzai
2012 BCCA 215 (CanLII), per MacKenzie JA
affirmed guilt - driver of vehicle with multiple weapons found in vehicle. Co-accused passenger acquitted.
R v Sanghera
2012 BCSC 733 (CanLII), per Holmes J
guilty - three persons in joint possession of guns in vehicle
R v Lewandoski
2011 MBQB 247 (CanLII), per Greenberg J
guilty -- constructive possession of drugs in vehicle
R v Stubbs
2012 ONSC 2352 (CanLII), per Backhouse J
guilty -- judge found accused to be sole driver of vehicle he claimed was his own, gun found within reach of driver. Did not believe accused version.

Items in a Locker

Case Name Summary
R v Hehn
2008 BCCA 170 (CanLII), per curiam
acquitted -- drugs found in storage locker. Accused was see entering and exiting with a known drug dealer, unit keys found on accused, personal items of accused found in a locker. Judge not certain whether accused was dupe. No evidence showing whether known dealer did not have key.

Possession of Break-in Instruments

Case Digest

Case Name Sentence Summary
R v Hawes,
1994 CanLII 4017 (NS CA), per Pugsley JA
6 months The offender was convicted of possession of break-in instruments and prowling at night.

Possession of Stolen Property

Possession Under $5,000

Case Name Sentence Summary
R v Sagoo,
2008 BCCA 41 (CanLII), per Saunders JA
6 months possession stolen car
R v Maurice,
1983 ABCA 77 (CanLII), per McGillivray CJ
9 months Offender broke into parked cars and stole items. Offence involved a shotgun and a radio. Offender was 20 years old and had 7 prior break and enters and one stolen credit card offence. Trial judge ordered 3 years global, reduced to 9 months on the basis of the "jump principle".

Possession Over $5,000

Case Name Sentence Summary
R v Yakobchuk,
2016 BCCA 458 (CanLII), per Harris JA
2 years less a day (global)
12 months (poss'n, vehicle)
The offender pleaded guilty to possession of stolen property for possessing a stole vehicle and a stolen bicycle. He was in his mid-thirties and had a serious drug addiction. He had a long record of property and violent offences. The initial sentence was a joint recommendation.
R v Logan
2011 BCPC 221 (CanLII), per Ball J
9.5 months The offender was convicted with poss'n of stolen property, driving while disqualified and breach probation. He stole a vehicle.
R v GS,
2008 MBCA 144 (CanLII), per Steel JA
poss'n of stolen property x 3
theft over
dangerous driving
flight from police
33 months
R v Robertson Clarke
2009 QCCA 639 (CanLII), per curiam
Suspended (JR) The offender plead guilty to possessing a stolen vehicle. He was aged 21 and no criminal record.
R v Solowan
2008 SCC 62 (CanLII), per Fish J
s. 3 months + Prob. The offender was convicted of possession of stolen property and flight from police.
R v Hall
2007 MBPC 27 (CanLII), per Sandhu J
6 months + Prob. The offender was convicted of driving while disqualified and poss'n stolen vehicle.
R v Zolis
2007 ABCA 81 (CanLII), per O’Brien JA
2 months (poss'n veh.)
11 months (global)
R v Ganske
2007 BCPC 44 (CanLII), per Cartwright J
2 years Offender was aged 24, aboriginal. Plead guilty. Had lengthy criminal record, no offences of violence. Was on probation at the time. Suffered from addiction.
R v McCaskie
2006 BCCA 382 (CanLII), per Kirkpatrick JA
28 months The offender was convicted of dangerous driving
possession stolen property over $5,000.
R v AG,
2006 BCPC 362 (CanLII), per Bennett J
6 months The offender was convicted of poss'n of stolen vehicle, breach of recog. and escape custody.
R v Myre
2003 BCCA 565 (CanLII), per Finch CJ
poss'n stolen veh.
poss'n break-in inst.
R v Soldat
2012 MBCA 39 (CanLII), per Monnin JA
15.5 months
R v McBain
2012 ABCA 104 (CanLII), per Costigan JA
3 years possession stolen property over $5,000--long criminal record
R v Brown
2010 NSPC 38 (CanLII), per Derrick J
1 year Offender was participating in relatively sophisticated "chop shop" operation. Found 12 stolen vehicles valued at roughly $400,000. Offender had dated unrelated record.
R v McCaskill
2008 ABCA 202 (CanLII), per Clackson J
12 months CSO poss'n stolen stolen computer equipment valued at $19-26,000.
R v DS,
2006 BCPC 563 (CanLII), per Dyer J
approx 6 months with 18 months Probation Offender broke into four vehicles including a "bait car" on four separate dates, stealing items of value on exceeding $5,000.
R v Banks
2005 ABCA 55 (CanLII), per Hunt JA
s. 3.5 years Offender convicted of 8 counts possession of stolen property of car parts. The offender was involved in a sophisticated "chop shop". The offender fled prior to sentencing also stole a vehicle in the process. The offender had a prior related record. Also given 6 months for failing to attend court.
R v Kravchov
[2002] OJ No 2172(*no CanLII links)
2 years Offender found in possession of 5 stolen vehicles. He was involved with sophisticated international car theft organization. The offender had a prior related record. Extra credit due to extreme remand conditions arising from public service strike.

See Also

Robbery

Ranges of sentences for the offence of Robbery.

Store Robberies

Case Name Prv. Crt. Sentence Summary
R v Patrick,
2017 BCCA 299 (CanLII), per Fitch JA
BC CA 9 months The offender plead guilty to robbery. He entered a gas station armed with a knife and attempted to rob the store. Part way through the process another costumer came in, causing the offender to run away. He was intoxicated at the time. The offender was 30 years old with a minor record for mischief.
R v Fitzgerald,
2017 CanLII 26708 (NL SCTD), per McGrath J
NL SC 30 months The offender was convicted of robbery for robbing a jewelry store with threats of violence. The sentence was a joint recommendation. The judge also ordered DNA, Firearms prohibition.
R v Mawut,
2017 ONCA 168 (CanLII), per curiam
ON CA 9.5 years The offender planned a robbery of two persons at a drug store. He pistol whipped a cashier and patron, causing permanent injury. He was 19 years old at the time of the offence. He had a "painful and traumatic" background.
R v Yetman,
2016 CanLII 25239 (NL PC), per Walsh J
NL PC 3 years, 9 months The offender pleaded guilty to two counts of armed robbery and one breach of probation. The first robbery was of a store with a curtain rod. The second robbery was a store with a steak knife. There were no threats of violence.
R v Marks,
2016 BCCA 480 (CanLII), per Stromberg-Stein JA
BC CA 12 months The offender pleaded guilty to robbery for robbing a gas station with an imitation firearm.
R v Bajwa,
2016 BCPC 445 (CanLII), per Arthur-Leung J
BC PC 6 months
R v Stanley-Smith,
2016 CanLII 24769 (NL PC), per Linehan J
NL PC 3 years, each (robbery)
5 months (poss'n break-in)
The offender entered 4 gas stations over 5 days and robbed them. She was armed with a syringe and threatened the cashiers. The first robbery was done with her face conealed. She was 20 years old with no prior record.
R v Felix,
2016 SKPC 45 (CanLII), per Harradence J
SK PC 18 month + P (robbery)
30 days + P (theft)
Offender stolen cigarettes and alcohol from a store. He was of aboriginal background.
R v Paul,
2016 NSSC 125 (CanLII), per Chipman J
NS SC 5 years A joint recommendation
R v Rahey,
2015 ABQB 400 (CanLII), per Goss J
AB SC 32 months Armed robbery of a pharmacy with firearm. He demanded oxycodone and fled with 40 pills.
R v Neigum,
2014 BCSC 2177 (CanLII), per Donegan J
BC SC 40 months The offender robbed a liquor store.
R v Heatley,
2014 BCSC 954 (CanLII), per Josephson J
BC SC 7.5 years Offender robbed 7 stores in a row while masked. All but one involved no violence. Motivated by drug addiction. Sentence of 18 years reduced on totality.
R v Morgan,
2013 ABCA 78 (CanLII), per Côté JA
AB CA 3.5 years robbed store with fake gun
R v Forsythe,
2013 BCSC 1576 (CanLII), per Joyce J
BC SC 2 years
R v Mckay,
2013 NSPC 119 (CanLII), per Tax
NS PC 16 months
R v Fleming,
2013 CanLII 75 (NL PC), per Goulding J
NL PC 90 days The offender pleaded guilty to attempted robbery. He gave note to pharmacist demanding oxycontin, claimed he had a gun.
R v Pruden-Collins,
2012 BCPC 441 (CanLII), per Brecknell J
BC PC 5 years robbed Subway restaurant with firearm
R v Oates
2012 ONCJ 461 (CanLII), per Oates J
ON PC 4 years 9 months one store robbery, one bank robbery--prior record of 6 robberies
R v Soosay
2012 ABPC 220 (CanLII), per Anderson J
AB PC CSO two robberies and a B&E--offender was developmentally delayed
R v Macri
2012 SKPC 94 (CanLII), per Kalmakoff J
SK PC 1 year offender was driver for two armed robberies of stores
R v Brown
2012 ONCJ 262 (CanLII), per Hall J
ON PC 20 months robbed a pharmacy while masked, co-accused had a knife
R v Pearson
2012 ABQB 240 (CanLII), per Michalyshyn J
AB SC two years less a day CSO offender displayed knife to clerk asking for money, clerk says "really?", then offender says "no, not really", and then leaves--good PSR--guilty plea
R v Massaquoi
2012 BCPC 113 (CanLII), per Chen J
BC PC 75 months youth sentenced as adult--break into jewellery store with firearm
R v Kewell
2012 ONCJ 228 (CanLII), per Borenstein J
ON PC 4 years prior record of 6 robberies
R v Hansen
2012 BCCA 142 (CanLII), per Hinkson JA
BC CA 48 months two store robberies, defence appeal dismissed
R v Grujic
2012 ONCA 146 (CanLII), per curiam
ON CA 48 months two store robberies
R v Link
2012 MBPC 25 (CanLII), per MJ Smith J
MB PC 8 months CSO
R v Hutchings
2012 NLCA 2 (CanLII), per Green CJ
NL CA 5.5 years two counts of armed robbery--overview of procedure to decide on totality
R v Kotelko and Lindell
2011 MBPC 76 (CanLII)
MB PC 4 months stealing from store while armed with knife
R v Jolicoeur
2011 MBQB 129 (CanLII), per Duval J
MB QB CSO Offender robbed a gas station by saying "money and cigarettes in the bag". Offender had a BB gun in pocket but did not show it to the victim. No threats were made.
R v Rogers
2011 BCCA 156 (CanLII), per Hall JA
BC CA 5.5 years
R v Sampson
2010 SKPC 28 (CanLII), per Beaton J
SK PC 15 mo assisted principle in robbery with shotgun.
R v Lebar
2010 ONCA 220 (CanLII), per Epstein JA
ON CA robbed store with a knife, fled with cash; refused CSO
R v Maroti
2010 MBCA 54 (CanLII), per Steel JA
MB CA 3 years series of 7 robberies of gas stations
R v Flowers
2010 ONCA 129 (CanLII), per curiam
ON CA 10 years 8 counts of robbery with a firearm
R v Otter,
2010 ABPC 218 (CanLII), per Brown
AB PC 2 years less a day CSO The offender was extremely intoxicated and went behind a store counter. No weapons or threats involved.
R v McLeod,
2010 ONCJ 354 (CanLII), per Forsyth J
ON PC 90 days The offender approached a gas station clerk and gave them a note asking for money and stating he had a gun. On the same date he robbed a gas station again.
R v Arbuthnot
2009 MBCA 106 (CanLII), per Chartier JA
MB CA 6 years 4 months Offender committed 13 offences including 11 gas station robberies over 17 days. It was motivated by drug addiction. No prior record and was out of character.
R v Furness
2007 BCCA 492 (CanLII), per Chiasson JA
BC CA 5 years 7 robberies of fast-food establishments
R v Howse
2006 ABCA 163 (CanLII), per Costigan JA
AB CA 8 years 4 counts of armed robbery offender aged 31, recovering addict, 54 prior offences; court stated “the three year starting point for convenience store robberies.”
R v Lee
2004 ABCA 70 (CanLII), per Russell JA
AB CA 2 years convenience store armed robbery--prior record of 40 convictions, most in youth court--high risk to reoffend--premeditation and use of disguise--overturned 6 months
R v Kaiswatum
2003 SKCA 57 (CanLII), per Sherstobitoff JA
SK CA 18 months rob store with butcher knife; prior record
R v Bratzer
[2001] NSJ 461 (C.A.), 2001 NSCA 166 (CanLII), per Bateman JA
NS CA 2 year less CSO The offender robbed three gas stations using a weapon. The victims were employees working alone in the early hours of the morning. He was 18 years old with a minor prior record. He had made major progress after he was charged including getting his GED, did counselling and did volunteer work. The Court of Appeal upheld the Conditional Sentence on appeal.
R v Owens,
2001 BCCA 465 (CanLII), per Levine JA
BC CA 18 months The offender robbed a gas station with an accomplice while wearing balaclavas and a starter pistol.
R v Allison-McLeish
2001 CanLII 24040 (ONCA), per curiam
ON CA 3.5 years The offender robbed a convenience store with a sawed-off shotgun; hit victim in the head several times
R v Barrett and Campbell
[2000] NSJ 178 (C.A.), 2000 NSCA 76 (CanLII), per Bateman JA
NS CA 10 years store robbery; clerk shot
R v Longaphy
[2000] NSJ 376 (C.A.), 2000 NSCA 136 (CanLII), per Oland JA
NS CA 5 years store robbery; knife; on parole for robbery at time
R v Wust
2000 SCC 18 (CanLII), [2000] 1 SCR 455, per Arbour J
CAN SCC 3.5 years robbed gas station with loaded firearm; masked; struck victim several times
R v Arrance
[2000] 1 SCR 488, 2000 SCC 20 (CanLII), per Arbour J
CAN SCC 3.5 years robbed gas station with loaded shotgun; pointed at victim's chest; long record
R v Izzard
1999 CanLII 18558 (NS C.A.), per Glube CJ
NS CA 2 years offender was lookout and driver; armed robbery of convenience store; co-accused tied clerk up
R v McDonald
1998 CanLII 13327 (ON C.A.), per Rosenberg JA
ON CA 3 years robbed fast food restaurant with BB gun
R v Wiberg
1997 CanLII 9809 (SK CA), per Gerwing JA
SK CA 1 year 19 year old; no record; rob store with knife
R v Scott,
[1996] NSJ 242 (C.A.)(*no CanLII links)
NS CA S/s accused was driver for abusive and controlling husband; unique circumstances
R v Emmerson
(1993) 121 N.S.R. (2d) 252 (C.A.), 1993 CanLII 3207 (NS CA), per Matthews JA
NS CA 2 years age 21; consumed drugs and alcohol; robbed convenience store of $23; appealed S/S
R v Fleming,
[1993] NSJ 469 (C.A.), 1993 CanLII 3130 (NS CA), per Matthews JA
NS CA 12 years store robbery; masked; armed with tire iron and knife; stabbed in neck and face; injuries life threatening
R v Hynes,
[1993] NSJ 193, 1993 CanLII 3221 (NS CA), per Jones JA
NS 7 years armed robbery with a mask; prior record
R v Bourgeois,
[1992] NSJ No. 486, 1992 CanLII 2523 (NS CA), per Clarke CJ
NS 4 years armed robbery; not principal
R v Colley
(1991) 100 N.S.R. (2d) 447 (C.A.), 1991 CanLII 2508 (NS CA), per Freeman JA
NS CA 15 years gas station robbery with tire iron; hit clerk causing skull fracture; did second robbery later in evening; long related record
R v Merlin
(1991) 102 N.S.R. (2d) 266 (C.A.), 1991 CanLII 2554 (NS CA), per Matthews JA
NS CA 1 year robbed store with knife
R v Cormier
1990 CanLII 2534 (NS CA), per Macdonald JA
NS CA 4 years appealed from 3.5 years; mask and knife robbery of KFC; clerks were handcuffed; stole company car; long related record;
R v Large,
[1984] OJ No 155 (ONCA)(*no CanLII links)
ON CA 90 days store robbery with knife

Street Robbery

Case Name Prv. Crt. Sentence Summary
R v Georgiev,
2017 ONSC 1265 (CanLII), per C. Brown J
ON SC 7 years (global) The offender was convicted of robbery, assault causing bodily harm, aggravated assault, uttering threats, and possession of a weapon. He robbed a blind man.
R v Agin,
2017 BCSC 131 (CanLII), per Jenkins J
BC SC 11 years (global) The offender pleaded guilty to robbery, discharging a prohibited firearm, and aggravated assault. The offender attempted to rob a grow-op house. During the altercation, he fired his gun twice, hitting an occupant on the building once.
R v Ignacio,
2016 BCPC 225 (CanLII), per Bagnall J
BC PC 1 year
R v Fehr,
2016 SKPC 87 (CanLII), per Daunt J
SK PC 2 years (robbery) The offender robbed a cab driver at knife-point. The offender was of aboriginal descent.
R v Kelly,
2014 NLCA 9 (CanLII), per Rowe JA
NL CA 30 months (robbery)
36 months (global)
Offender grabbed woman on a walking trail and robbed her. Also charged with theft and two breaches. Offender was 29 years old at the time and had a drug problem.
R v Meechas
2012 MBPC 53 (CanLII), per M.J. Smith J
MB PC Suspended offender was aboriginal, just turned 18 years old
R v Gobin
2012 ONSC 3523 (CanLII), per Hill J
ON SC 3.5 years robbery of vehicle using a fake firearm
R v Ayad
2012 ONSC 883 (CanLII), per Ray J
ON SC Suspended high shcool student robbed another of iphone during lunch period
R v Secter
2012 ABPC 95 (CanLII), per Dunnigan J
AB PC 90 days offender was driver in a robbery scheme where offenders would drive by and steal cell-phones from sellers
R v Lopez
2012 NBQB 29 (CanLII), per McLellan J
NB SC 12 months attempted street robbery, violence involved
R v Ridgeway
2012 ABCA 29 (CanLII), per McDonald JA
AB CA 22 months street robbery with imitation gun;
R v Barrett
2012 ONSC 82 (CanLII), per MacDonnell J
ON SC 6 years 2 car jackings and 1 store robbery
R v Kunzig
2011 MBPC 81 (CanLII), per M.J. Smith J
MB PC S/s offender jumped 15 year old, stole skateboard, threatened victim; youthful, no record, focus on rehabilitation
R v Nerling
2012 ABCA 114 (CanLII), per Slatter JA
AB CA 90 days mugging robbery -- appeal from S/S
R v Conlon
2011 ABCA 379 (CanLII), per Paperny JA
AB CA 90 days robbery; long time on strict bail conditions; no criminal record
R v Busby
2011 BCPC 331 (CanLII), per Ellan J
BC PC 3 years planned robbery of person; stabbing
R v Gordon
2011 SKCA 130 (CanLII), per Cameron JA
SK CA 5 years beat up and stabbed victim
R v Osmond
2011 ONSC 4124 (CanLII), per Belobaba J
ON SC 2 years beat up friend over owed money; incl. aggravated assault (3 years)
R v Awasis
2010 BCCA 213 (CanLII), per Tysoe JA
BC CA 2 years grabbed wallet on subway, used force to escape
R v Lapointe-Melo,
2010 ONCJ 314 (CanLII), per S. Brown J
ON PC 30 days assist friends in robbing backpack of youth; offender held victim down;
R v Meawasige,
2008 ONCJ 122 (CanLII), per Horkins J
ON PC 5 mo after 7 mo remand credit robbed victim with a cap gun in a park; aboriginal offender; history of substance abuse
R v Johnson,
2007 NSCA 102 (CanLII), per Bateman JA
NS CA 3 years also sentenced for breach probation. Offender hijacked student in his car with a knife, stole student's property and had him drive offender around. The offender had lengthy property-related youth record and history of breaching orders.
R v Ramalho,
2004 BCCA 617 (CanLII), per Esson JA
BC CA 2 years less a day CSO shot gun robbery in parking lot--offender had FAS
R v Klapcic,
2001 BCCA 487 (CanLII), per Low JA
BC CA 10 years pistol whip old man to get ATM code from him; 3 prior robberies
R v Kusi,
1999 CanLII 2355 (ON C.A.), per curiam
ON CA 5 years robbed taxi driver; long record
R v Brewer,
[1997] NSJ 161 (C.A.), 1997 CanLII 14976 (NS CA), per Freeman JA
NS CA 6 years 4 robberies of taxi driver to get money for crack; non-verbal threat
R v Bulat,
[1996] AJ No 647 (*no CanLII links)
AB 90 days mugging; minor injuries
R v Beals
(1994) 130 N.S.R. (2d) 177 (C.A.), 1994 CanLII 3989 (NS CA), per Hallett JA
NS CA 6 years 3 cab drivers robbed; punched driver;
R v Brown,
[1994] M.J. No. 586(*no CanLII links)
MB 90 days purse snatching; no record; employed
R v Cocq,
[1991] OJ No. 1939 (C.A.)(*no CanLII links)
ON CA 90 days offender of good character
R v Pawluk,
 1990 ABCA 212 (CanLII), per Hetherington JA
AB CA 4 months purse snatching
R v Swan,
1983 ABCA 85 (CanLII), per Kerans JA
AB CA 12 months stole purse; resistance but no violence
R v Stanton,
 1983 ABCA 252 (CanLII), per McGillivray JA
AB CA 53 days stole purse

Bank Robbery

Case Name Prv. Crt. Sentence Summary
R v Tattersall,
2016 BCPC 81 (CanLII), per Doulis J
BC PC 2 years less a day
R v Arnaud,
2016 MBPC 39 (CanLII), per Pollack J
MB PC 4 years (each robbery) The offender robbed a woman of her vehicle, robbed two banks using a note. He was 30 years old. He confessed to the offences on arrest.
R v Turnbull,
2014 BCCA 186 (CanLII), per HArris JA
BC CA 5.5 years The offender robbed a bank. He gave note to bank teller demanding money.
R v Trapasso,
2014 ABCA 66 (CanLII), per Paperny JA
AB CA 7 years The offender robbed a convenience store and then a bank within a few days.
R v Musclow,
2013 ONCJ 447 (CanLII), per Reinhardt J
ON PC 8 years The offender robbed 4 banks.
R v McPherson,
2013 BCCA 551 (CanLII), per Bennett JA
BC CA 36 months The offender robbed a bank 38 days after getting out from prison. He did it in order to go back in jail. He was 57 years old and had 20 prior convictions for robbery, no record of violence otherwise. He had previously served 5 years for robbing the same bank. There was a history of heroin addiction.
R v Nilsson,
2012 BCCA 498 (CanLII), per Garson JA
BC CA 8 years The offender convicted of two counts robbery.
R v Rudolph,
2012 SKQB 442 (CanLII), per Gabrielson J
SK SC 10 years
R v Zakis,
2012 BCCA 450 (CanLII), per Levine JA
BC CA 6 years The offender asked bank teller for $10,000.
R v Mohammed,
2012 ONSC 3072 (CanLII), per Pattillo J
ON SC 18 months
R v Johnson,
2012 ONCA 339 (CanLII), per Blair JA
ON CA 20 years The offender was convicted of 9 counts of bank robbery. He had a prior record of 26 bank robberies. The sentencing judge gave him 26 years and the offender appealed.
R v Przybyla,
2012 ABPC 183 (CanLII), per Barley J
AB PC 21 months
R v Hassan,
2011 ONSC 5128 (CanLII), per Ratushny J
ON SC 28 months
R v Nembhard,
2010 ONCA 420 (CanLII), per curiam
ON CA 7 years The offender was convicted of 2 bank robberies.
R v Evanson,
2009 BCCA 425 (CanLII), per Bennett JA
BC CA 39 months
R v Smith,
2007 BCPC 198 (CanLII), per Frame J
BC PC 3 years series of 3 bank robberies; threatening note; no weapons visible
R v MacDonald,
2006 BCCA 535 (CanLII), per Smith JA
BC CA The offender robbed a gas station.
R v Dionne,
2004 BCCA 275 (CanLII), per Lambert JA
BC CA 3 years The offender committed a bank robbery while masked. No threats were made.
R v Jenkins,
2004 ABPC 48 (CanLII), per Lefever J
AB PC 7 years
R v Carlson,
2002 CanLII 44928 (ONCA), per curiam
ON CA 17.5 years The offender was a career bank robber. He robbed a bank armed with firearm and was masked.
R v Bezdan,
2001 BCCA 215 (CanLII), per Prowse JA
BC CA 5 years The offender robbed a bank with a note. He was on probation at the time of the offence. The offender was 36 years old and had 7 prior robbery convictions.
R v Lackey,
1999 BCCA 549 (CanLII), per Finch JA
BC CA 5 years The offender robbed a bank using a note while serving a conditional sentence order. He was 45 years old with a long record of drug and property offences. He had a history of drug addiction. There was an early guilty plea. Crown appeal of trial judge's sentence of 3 years.
R v Corkum
1997 CanLII 1466 (NS SC), per Davison J
NS SC 8 years The offender was convicted of two counts of bank robbery. The sentence was divided between 3 and 5 years to be served consecutively.
R v Helpard,
[1995] NSJ 426 (C.A.), 1995 CanLII 4274 (NS CA), per Pugsley JA
NS CA 5 years The offender was convicted of bank robbery. He had no prior criminal record.
R v Leet
(1989), 88 N.S.R. (2d) 161(*no CanLII links)
NS CA 5 years The offender was convicted of four counts robbery, of which three related to one bank. He was masked and armed with imitation handgun at the time of the robberies. The offender was 37 years old, married, educated, and with four children. The sentence was divided between two years and three years to be served consecutively.
R v Brophy
(1989) 89 N.S.R. (2d) 417(*no CanLII links)
NS CA 5 years (bank robbery)
3 years (store robbery)
8 years (global)
The offender was convicted of two counts robbery: one was a bank robbery and the other one was a store robbery. Both robberies were committed on same day. He used imitation handgun. The offender was 28-year-old at the time. He was sentenced to 5 years and 3 years, to be served consecutively

Home Invasion

Case Name Prv. Crt. Sentence Summary
R v McNeil,
2016 ONCA 384 (CanLII), per curiam
ON CA 60 months He was chased on-and-off by police while driving a stolen car. He stopped at the residence of an elderly couple. He punched the 78 old man in the face and pushed the wife aside, entering the house. He pushed the old man twice again each time he got up. The offender stole the man's wallet and keys, stealing his car.
R v Bungay-Lloyd,
2016 NSSC 110 (CanLII), per Chipman J
NS SC 4 years, 10 months The offence It was a joint recommendation.
R v Viscount,
2014 BCPC 83 (CanLII), per Wingham J
BC PC 6 to 7 years broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.
R v Simon,
2014 NBCA 4 (CanLII), per Green JA
NB CA 7 years (robbery)
5 years (aggr assault)
R v Donald King,
2013 CanLII 27259 (NL PC), per Mennie J
NL PC 5 years (robbery)
60 days (breach)
R v Lewis,
[2012] N.J. No. 59, 2012 NLCA 11 (CanLII), per Wells JA
NL CA 8 years
R v Argueta,
2011 ONCJ 578 (CanLII), per Watson J
ON PC 5.5 years
R v MEW,
2011 BCPC 267 (CanLII), per Ellan
BC PC 30 months
R v XY,
2007 ONCA 189 (CanLII), per Armstrong JA
ON CA
R v Wright,
2006 CanLII 40975 (ON C.A.), per Blair JA
ON CA 8 years
R v Dear,
2003 ABQB 239 (CanLII), per Moore J
AB SC 8 years young female victim; attacked in apartment over 15 min; long record
R v Whicher,
2002 BCCA 336 (CanLII), per Hall JA
BC CA 10 years elderly couple's home; history of drug addiction; demanded money at knifepoint
R v Harriott,
2002 CanLII 23588 (ON C.A.), per MacPherson JA
ON CA 8 years invaded home; threatened to kill home owners
R v Wang,
2001 CanLII 20933, 2001 CanLII 9528 (ON C.A.), per Finlayson JA
ON CA 5 years 3 home invasion robberies; acted as lookout and brandished a sword
R v Harris,
2000 NSCA 7 (CanLII), per Glube CJ
NS CA 15 years vicious home invasion of elderly couple; brain injury and broken hip
R v Barrett and Campbell,
2000 NSCA 76 (CanLII), per Bateman JA
NS CA 2 and 10 years
R v Harris,
[2000] NSJ 9 (C.A.), 2000 NSCA 7 (CanLII), per Glube CJ
NS CA 15 years home invasion; extreme violence
R v Lewis,
2000 CanLII 2623 (ON C.A.), per curiam
ON CA 10 years robbed in home; face crushed; throat cut and stabbed several times; loss of eye and permanent disfigurement
R v Bernier,
2003 BCCA 134 (CanLII), per Southin JA
BC CA 6 years reduced from 14 years
R v Stephenson
(1998) 169 NSR 159 (CA), 1998 CanLII 1958 (NS CA), per Pugsley JA
NS CA 6 years home invasion of of 86 year old; accused was driver who directed the principle
R v Fraser
(1997) 158 N.S.R. (2d) 163, 1997 CanLII 9927 (NS CA){perNSCA
Pugsley JA {{{3}}} {{{4}}} {{{5}}}
R v Foster
(1997), 161 NSR 371 (CA), 1997 CanLII 1927 (NS CA), per Pugsley JA
NS CA 6 years overturned 28 months; home invasion of 62 year old; punches to head of victim until unconscious; stole wallet
R v Matwiy
1996 ABCA 63 (CanLII), per curiam
AB CA 10 years armed with knife and shotgun; thought victim was drug dealer; extensive criminal record
R v Hachez
1995 CanLII 1109 (ON C.A.), per Finlayson JA
ON CA 10 years two home invasion robberies; lengthy criminal record
R v Matwiy
1994 CanLII 9150 (AB QB), per Daniel J
AB SC 10 years armed home invasion; lengthy record; co-accused also got 11 years
R v Leger
1993 CanLII 3107 (NSCA), (1994), 125 N.S.R. (2d) 154, per Clarke CJ
NS CA 5 years home invasion robbery
R v Benoit
(1990) 95 N.S.R. (2d) 113 (C.A.), 1990 CanLII 2398 (NS CA), per Jones JA
NS CA 4 years home invasion; masked; elderly woman hit in face
R v Bateman
[1988] AJ No 287, 1988 ABCA 67 (CanLII), per Stevenson JA
AB CA 7 years
R v Kraft
(1986), 68 A.R. 83, 1986 ABCA 14 (CanLII), per Quigley JA
AB CA 6.5 years imitated cops to get in; robbed to collect debt
R v Johnson
(1984) 61 NSR 357 (CA)(*no CanLII links)
NS CA 12 years

Uncategorised

Case Name Prv. Crt. Sentence Summary
R v McIvor,
2017 MBPC 11 (CanLII), per Lord J
MB PC 5 years The offender was convicted of robbery with a prohibited firearm and was subject to a mandatory minimum. The judge rejected a claim for cruel and unusual punishment under s. 12 of the Charter
R v Weatherbee,
2015 NSSC 245 (CanLII), per Coughlan J
NS SC 54 months (robbery)
2 years (disguise)
2 years (weapon)
The offender plead guilty to robbery, disguise with intent and possession of a weapon. [per Coughlan J]
R v Rhyno,
2013 NSSC 217 (CanLII), per Pickup J
NS SC 3.5 years [per Pickup J]
R v Kelly
2013 CanLII 4646 (NL PC), per Gorman J
NL PC 30 months (robbery)
1 month (theft)
4 months (breaches)
R v Singh
2012 ONSC 4429 (CanLII), per Thorburn J
ON SC 6.5 years robbery of a job site with loaded restricted firearm (5 year mandatory)--police brutality involved
R v Hawkins
2008 NBCA 40 (CanLII), per Richard JA
NB CA 13 years guilty to 33 offences including several armed robberies--29 year old drug addict--lengthy record --reduced from 20 years
R v Williams
2001 NSCA 17 (CanLII), per Glube CJ
NS CA 3 years
R v Bruyere
(1999), 144 Man. R. (2d) 142 (C.A.), 1999 CanLII 18742 (MB CA), per Monnin JA
MB CA 9 months CSO armed robbery
R v Clare
2000 CanLII 10755 (MB CA), (2000), 145 Man. R. (2d) 142, per Huband JA
MB CA 12 months CSO two armed robberies’
R v Damery
1996 CanLII 5233 (NS CA), per Hallett JA
NS CA 5.5 years
R v Fraser
(1995) 145 N.S.R. (2d) 76 (C.A.) 1995 CanLII 4270 (NSCA), per Hallett JA
NS CA 6 years 2 robberies; overturned JR for 4 years
R v Higgins
(1984), 64 N.S.R. (2d) 272(*no CanLII links)
NS CA 7 years record of two prior robberies--appeal dismissed
R v Grady
(1971) 5 N.S.R. (2d) 264(*no CanLII links)
NS CA


Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

Secret Commissions

Case Digests

Case Name Sentence Summary
R v Granger,
2014 ONCJ 408 (CanLII), per Kenkel J
3 years (each count concurrent) The offender plead guilty to breach of public trust, accepting secret commissions and fraud. He was an employee of Canada Revenue Agency. He used his position to stop an audit against a masonry contractor company. He received a total of $1,109,518.07 in secret commissions.
R v Saundercook-Menard,
2008 ONCA 493 (CanLII), per curiam
18 months CSO Appealed from 2007 CanLII 4581 (ON SC).

Mischief

Under 5,000

Case Name Sentence Summary
R v Lee,
2012 BCSC 137 (CanLII), per Dillon J
S/S age 45 , no record, holds PHD, destroyed clothing in a holt renfrue store. Counselling required.
R v Hollett,
[2011] N.J. No. 327 (P.C.)(*no CanLII links)
R v Skinner,
2011 NLTD(G) 104 (CanLII), per Goodridge J
R v Smith,
2011 NLTD 123 (CanLII), per Stack J
R v Charlebois,
2011 ABPC 238 (CanLII), per Fradsham J
$2000 fine; discharges denied
R v Akin,
2011 ABPC 201 (CanLII), per Fradsham J
graffiti-- offender was 18 years old and was not taking his ADHD medications at the time.
R v TWW,
1996 CanLII 8706 (NS CA), per Clarke CJ
8 months custody and 16 months probation (global) Youth made bomb and put it under teacher's car. See Use or Possession of Explosives (Sentencing Cases)
R v Bricker,
1994 CanLII 630 (ON C.A.), per Laskin JA
time served (2 years) 60 year old ties up 911 line for 12 minutes; threatened police; lengthy record

Over $5,000

Case Name Sentence Summary
R v Banks,
2012 NBQB 133 (CanLII), per McLellan J
21 months damaged sprinkler system in correctional facility $300k+ in damage
R v Crothers,
2011 NBQB 380 (CanLII), per McLellan J
18 months CSO damaging property of correctional facility; joint recommendation; $350,000.00 of damage
R v Cote,
2011 ONCJ 778 (CanLII), per Feldman J
6 months damage police cars during G20 riot
R v Muzzin,
2012 ONCJ 83 (CanLII), per M Green J
60 days smashed windows of stores during G20 protest in downtown toronto
R v Coon,
2012 ONCJ 72 (CanLII), per Weinper J
12 mo CSO damage to several store fronts, mischief over 5k

Mischief to Data

Case Name Sentence Summary
R v Charania,
2014 ONSC 1695 (CanLII), per Goodman J
discharge with 9 months probation The offender was convicted of mischief to data and unauthorized use of a computer, the latter count was stayed under Kienapple. He was a disgruntled employee at a nursing home. He remotely accessed his employer's email account to forward emails to himself. The judge overturned a sentence of a $1,300 fine and 18 months probation.


Money Laundering

Case Digests

Case Name Sentence Summary
R v Abdel,
2019 ONSC 690 (CanLII)
18 months

Forgery

Forgery

Case Name Sentence Summary
R v Drummond,
2017 CanLII 81318 (NL SC), per Burrage J
3 months CSO "Following a guilty plea and conviction, the 70-year-old offender was given a conditional sentence of three months concurrent on two counts of forgery of a document, contrary to section 368(1)(a) of the Criminal Code. In October 2014 the offender signed two Agreements of Purchase and Sale of real property using a false name, but failed to provide the requisite deposit. As such, the agreements were not legally binding. The offender did not profit from the forgery, nor did the vendors suffer a financial loss. The offender had a prior criminal record for fraud arising from events in 1996-97 and 2013."
R v Burke,
2016 NLTD 135(*no CanLII links)
12 months The offender was convicted at trial of fraud, forgery and uttering forged documents. "Mr. Burke, who was a real estate agent, engaged in a 'complex and sophisticated scheme', in which he created eight false Purchase and Sale Agreements for real estate. From 2009 until 2011 he used those agreements and other forged documents to obtain advances on his real estate commissions. As the scheduled closing dates arrived, there were false amending agreements, creating new fictitious closing dates. Eventually, ... “detection was inevitable”. The total monies advanced was $65,331.12, of which $35,821.85 (exclusive of interest) remained outstanding at the time of sentencing." [12] The offence was considered a "serious and deliberate breach of trust".
R v Escott,
2016 CanLII 24770 (NL PC), per Linehan J
suspended sentence "Mr. Escott, who was the president of a local bowler’s association, forged the signature of the association’s treasurer to eight cheques, totalling more than $50,000. There was no associated fraud involved, the cheques involved legitimate expenditures and Mr. Escott did not financially benefit from the forgeries. The matter came to light, however, when a number of cheques were returned by the bank, as there were insufficient funds in the association’s account. Mr. Escott’s actions damaged the reputation of the association and ... constituted a “serious breach of trust”. As against this aggravating factor, Mr. Escott entered a guilty plea, made an early admission to police and had no prior criminal record." [13]
R v Fitzpatrick,
2005 NLTD 76 (CanLII), per Goulding J
suspended sentence "the offender pled guilty to forgery and fraud under $5,000. Mr. Fitzpatrick created a bank account in the name of a deceased relative and used it to withdraw or borrow money from the bank. Goulding, J. accepted the Crown’s recommendation of a suspended sentence and two years’ probation." [14]
R v Chukwu,
2011 ONSC 2216 (CanLII), per Kiteley J
6 months (counterfeit and forgery) The offender plead guilty to possession of a counterfeit mark and one count of knowingly using a forged document relating to forged passport and driver's licence. Also convicted for the importation of cocaine.
R v Sanborn,
2011 BCPC 129 (CanLII), per Dickey J
discharge
R v Oguamanam,
2009 ONCJ 257 (CanLII), per Robertson J
20 months (global) Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards.
R v Andersen,
2009 NLTD 143 (CanLII), per Dymond J
15 months (forgery)
9 months (public trust)
"Sentencing for forgery and breach of trust. Public Official pleads guilty to two counts: forgery and breach of trust involving $89,474." Judge rejected Conditional Sentence. He ordered restitution of full amount to the Government." [Dymond J]
R v Okubadejo,
2008 CanLII 70041 (ON SC), per Spies J
42 months (global)
R v Jadavji,
2005 ABPC 322 (CanLII), per AJ Brown J
27 months Forged documents to get a student loan. Had a prior youth record.
R v Basaraba,
[1991] AJ No 1073 (*no CanLII links)
Suspended Sentence

Uttering Forged Documents

Case Name Sentence Summary
R v Torske,
2013 ABCA 162 (CanLII), per Côté JA (2:1)
9 mo CSO lawyer forged 21 prescriptions
R v Shankar,
2012 BCPC 5 (CanLII), per Giardini J
10 mo CSO $5k+ defraud of ICBC
R v Perreault,
2010 BCPC 260 (CanLII), per Bastin J
discharge RCMP police officer forges overtime slips (under $5,000)
R v Stuart,
2006 ABPC 257 (CanLII), per Millar J
discharge making false statement on mortgage application
R v Zinkhofer,
2000 ABPC 16 (CanLII), per Delong J
3 months
R v Burns,
[1993] AJ No 998 (*no CanLII links)
4 months For 11 years the offender impersonated a paramedic and doctor without any actual training.

Passport Forgery

Case Name Sentence Summary
R v Zeitoune,
2018 ONSC 4363 (CanLII), per MacDonnell J
3.5 years The offender was convicted of breach of public trust, procuring passports, forgery of passports, making false statements to procure passports, and making forged passports available.

Frauds on the Government

Case Digests

Break and Enter

Break and Enter

Private Dwelling

Case Name Sentence Summary
R v Jones,
2017 ABPC 69 (CanLII), per Pharo J
2 months (theft)
18 months (B&E)
The offender was convicted of break and enter and theft. He smashed through the bedroom window of a home while no one was present and stole about $3,100 of property. He had a lengthy criminal record.
R v Herrington,
2017 ABCA 61 (CanLII), per curiam
15 months The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation.
R v Green,
2015 CanLII 77573 (NL SCTD), per Handrigan J
12 months
R v Martyn,
2014 ABCA 151 (CanLII), per curiam
5 years offender charged with 5 B&Es and other charges. $53k worth of lost property. Offender was cooperative. He had a long criminal record.
R v Legault,
2013 BCPC 155 (CanLII), per Bennett J
5 years Guilty plea for two residential breaks. 33 prior convictions for B&E.
R v Webb,
2013 ABCA 136 (CanLII), per Watson JA
3 years offender was a "professional" burglar
R v McAuley,
2012 CanLII 65027 (NL PC), per Gorman J
Suspended
R v Duerksen,
2012 MBCA 41 (CanLII), per curiam
4 years 96 breaks over 21 years--offender was 36 years old with no record--appeal from CSO
R v Perrin,
2012 NSCA 85 (CanLII), per Beveridge JA
30 days Offender was 21 years old and was serving a conditional sentence for a fraud-related offence. He broke into a cottage that was a closed for the season. He pled guilty at early opportunity. CSO he was serving was collapsed. Sentence upheld on appeal.
R v John,
2012 ONCA 114 (CanLII), per curiam
5 years break and enter, extensive record
R v Ramsdale,
2012 ABPC 37 (CanLII), per Van de Veen J
22 mo
R v Walbourne,
2012 CanLII 26671 (NL PC), per Orr J
3 years 3 breaks (3 years each) and 2 assaults (6 months each)
R v Frigault,
2012 NBCA 8 (CanLII), per Quigg JA
4 years
R v Irving,
2012 ABPC 3 (CanLII), per Ogle J
5 years 6 B&Es
R v Grenfal,
2011 BCPC 357 (CanLII), per McKay J
2 years break and enter into dwelling steals car; police chase
R v Campbell,
2011 ONCJ 593 (CanLII), per Tuck-Jackson J
30 months break into 2 apartments; long record
R v Davidson,
2011 NSPC 14 (CanLII), per Atwood J
3 years for 2 B&E
R v Lywood,
2010 ABCA 140 (CanLII), [2009] AJ No 1524, per Martin JA
6 years offender had a related record
R v Stewart,
2009 NSSC 7 (CanLII), per Beveridge J
4 years 93 prior convictions
R v Auger,
2009 ABCA 310 (CanLII), per Ritter JA
9 months after 3 months remand broke into residence and stole a laptop; guilty plea; Accused prior convictions: B&E x2; 1 x possession stolen property; 3x mischief
R v Cairns,
2009 BCCA 105 (CanLII), per Levin JA
10 months incarceration after 9 months pre-trial custody age 31; broke into residence, stole jewellery; fell asleep on couch; record of 40 prior convictions: 21 property related
R v Powers,
2009 ABCA 188 (CanLII), per Berger JA
time served with 3.5 months credit Break and enter x 2; stole times in purse; developmental disability
R v Dunphy-Taylor,
2009 CanLII 21948 (NL P.C.), per Gorman J
15 months before credit unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter.
R v Thomas,
2009 BCCA 233 (CanLII), per Groberman JA
4 years 36 year old, long record; broke into 6 houses while residents were away; ransacked the places
R c Béchard,
2009 QCCQ 848 (CanLII), per Vauclair J
10 months CSO 50 year old with dated record, broke into an apartment, stole tools and sold at pawn shop
R v MacKenzie,
2007 NSCA 10 (CanLII), per Bateman JA
3 years after remand time age 44; record of 32 prior convictions, property related.
R v Smith,
2007 BCPC 432 (CanLII), per Ellan J
2 years after 2 months remand; 3 years probation broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft.
R v Abaroa-Martinez,
2007 BCSC 571 (CanLII), per Hood J
9 months broke into the home of a friend to steal property; a dozen offences on record, mostly minor
R v Faulconer,
2007 BCCA 289 (CanLII), per Donald J
A joint Sub. 2 years 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions
R v MacKenzie,
2007 NSCA 10 (CanLII), per Bateman JA
3 years 32 prior convictions; broke into 2 residences; long history of drugs
R v Powis,
2007 BCCA 108 (CanLII), per Ryan JA
3 years 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time.
R v Leander Seymour,
2007 CanLII 17364 (NL P.C.), per Gorman J
15 months 2 break ins into cabins; lengthy record; CSO request rejected
R v Doherty,
2006 BCPC 208 (CanLII), per Ball J
3 years 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time
R v Downey,
2006 CanLII 10206 (ON CA), 2006 CarswellOnt 2018, 2006 CanLII 10206 , per curiam
A Joint Sub. 10 months after 2 months remand 37 year old; plead guilty to B&E into dwelling; record of 37 prior convictions; 14 for Break & Enter; on probation 5 times in past
R v Gale,
2006 CanLII 9033 (NL PC), 2006 CarswellNfld 97 (Prov. Ct.) , per Gorman J
age 39; over 2 years committed 4 thefts and 1 B&E; record of 8 prior B&Es
R v McKay,
2006 BCPC 573 (CanLII), per Bennett J
A Joint Sub. 2 years Guilty plea to B&E into dwelling; stolen jewellery and electronics; lengthy record with prior federal sentences
R v Vincent,
2006 BCCA 135 (CanLII), per Ryan JA
9 months after remand age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions
R v Brideau and St-Onge,
2006 NBCA 94 (CanLII), per Richard JA
6 months CSO break into house and assaulted resident due to prior conflict with resident
R v Kennedy,
2005 NLTD 28 (CanLII), per Seaborn J
1 year conditional broke into window of apartment; stole $300 cash; youth record only
R v Lachance,
2005 QCCA 638 (CanLII), per Bich JA
12 months B&E and assault; rejection of CSO
R v Lynch,
2005 CarswellOnt 3499 (Ont. SCJ)(*no CanLII links)
2 years less a day; 2 years probation convicted of B&E; Record was "abominable" with six prior break and enters
R v Micallef,
2005 ABCA 311 (CanLII), per Fraser CJ
2 years age 43; plead guilty to two counts of Break and Enter for taking electronics from two trailers; record was lengthy with 14 prior break and enters
R v Arsenault,
2004 BCCA 401 (CanLII), per Finch CJ
2 years less a day CSO accused 50 years old, lengthy record; 2 break ins
R v Lawson,
2004 CanLII 8990 (ON C.A.) , per curiam
3 years 3 x B&Es; long prior record; joint recommendation
R v Mallory,
2004 NBCA 72 (CanLII), per Ryan JA
30 months recruited son and girlfriend's son to help break into residence of recently deceased lady. Stole jewellery. Some prior record.
R v Bomba,
2002 BCCA 17 (CanLII), per Hubbart JA
2 years less a day
R v Harvey,
2002 SKCA 20 (CanLII), per Jackson JA
1 year 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away.
R v Renouf,
2001 NFCA 56 (CanLII), per Wells CJ
16 to 36 months 4 breaks into commercial buildings--offender had significant record
R v Wakeham,
2001 CanLII 37595 (NL SCTD), per O'Regan J
45 months
R v Bush,
2001 SKCA 15 (CanLII), per Lane JA
2 years 38 year old with 49 prior convictions; 3 residential breaks in one month
R v Sayer,
2001 SKCA 73 (CanLII), per Jackson JA
2 years after 4 mo remand 39 B&E, 6 of them were residential the rest were garages
R v Adams,
1999 CanLII 9418 (NBQB), per Rideout J
2, 9 and 18 months CSO
R v Jackson,
1999 CanLII 12227 (SKCA), per Vancise JA
6 mo CSO
R v Byers,
1996 CanLII 3717 (PEICA), per Carruthers CJ
15 months
R v Arsenault,
1994 CanLII 8799 (PEICA), per curiam
12 months 19 year old with limited record, drug abuse, 12 B&E over one day
R v Kelly,
(1994), 117 Nfld. & P.E.I.R. 256(*no CanLII links)
31 months 4 breaks and 2 breaches--offender was 19 years old with a lengthy record
R v Moyles,
[1992] N.J. No. 254 (CA)(*no CanLII links)
18 months 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter
R v Powers,
(1991), 96 Nfld. & P.E.I.R. 1 (CA), 1991 CanLII 6838 (NL CA), per Gushue JA
2 years 2 offenders did 3 breaks (a club, business and church) --offenders had prior records--low value of property stolen--"higher end" sentences
R v Keans,
1991 CanLII 2486 (NSCA), per Jones JA
5 years break into residence and six cottages
R v Hillier,
[1991] N.J. No. 53 (CA)(*no CanLII links)
3 years 2 breaks into a take-out--offender was 24 years old with a lengthy record
R v Weaver,
1990 CanLII 2355 (NSCA), per Macdonald JA
12 mo 3 break and enters; commercial
R v Burry,
[1990] N.J. No. 93 (CA)(*no CanLII links)
14 months break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end"
R v Tubrett,
[1988] N.J. No. 337 (CA)(*no CanLII links)
30 months break into residence, stole money, defecated on chair--offender had extensive record
R v Piercey,
[1987] N.J. No. 12 (CA), 1988 CanLII 4434 (NL CA), per Morgan JA
9 months broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious
R v Zong,
1986 72 N.S.R. (2d) 432(*no CanLII links)
R v Butler,
[1985] N.J. No. 40 (CA) (*no CanLII links)
12 months overturned 90 day sentence--offender broke into residence and stole property and money of value of $25,000--offender was 39 years old with no record
R v White,
[1985] N.J. No. 66 (CA)(*no CanLII links)
22 months 2 breaks into residences, also convicted of escape and possession--offender was 18 years old with prior record--
R v Smith,
[1984] N.J. No. 42 (CA)(*no CanLII links)
6 months also sentenced for theft (6 months consecutive)--offender was 19 years old with rather lengthy criminal record
R v Newell and Poteri
(1983), 60 NSR (2d) 33 (NSCA)(*no CanLII links)
suspended sentence The offender broke into 5 uninhabited cottages. He was 20 years old with no prior record.
R v Palmer,
(1976), 17 N.S.R. (2d) 236 (*no CanLII links)
12 month suspended sentence The offender broke into 4 summer cottages. Offender had not prior record.

Private Dwelling - Resident Present or Home Invasion

Case Name Sentence Summary
R v Dragani,
2018 BCCA 225 (CanLII), per Savage JA
90 days The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence
R v Morrisseau,
2017 SKQB 76 (CanLII), per Dawson J
5 years (B&E)
90 days (flight)
1 year (firearm)
1 year (intimidation)
The offender plead guilty to break and enter, flight from police, possession and use of a firearm, and intimidate justice participant.
R v Noname,
2017 SKCA 21 (CanLII), per Richards CJ
5.5 years The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery.
R v Rowlands,
2015 CanLII 29313 (NL SCTD), per Handrigan J
12 months + Probation Offender enters residence and attempts to sexually assault a sleeping occupant, kissing her and trying to hug her.
R v Roul,
2014 CanLII 2887 (NL PC), per Porter J
1 year (B&E)
30 days (Breach)
R v Piche,
2014 ABPC 93 (CanLII), per Rosborough J
9 years (global) Offender convicted of aggravated assault x 2 while breaking into home.
R v Deforest,
2014 SKCA 43 (CanLII), per Witmore JA
3 years offender breaks into home of partner and strangles her.
R v Viscount,
2014 BCPC 83 (CanLII), per Wingham J
6 to 7 years broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.
R v Mergle-Houle,
2014 ABQB 244 (CanLII), per Romaine J
7.5 years (global) charged with break and enter and robbery. Offender broke into home with loaded firearm while residents were present to confront one of them discharging the firearm outside home. Later he robbed a bar with the firearm and discharged it again.
R v Klemenz,
2014 SKQB 60 (CanLII), per Dawson J
12 years aggravated sexual assault. Two offenders. Both had lengthy records.
R v Hill,
2013 ONCJ 159 (CanLII), per Baldwin J
B&E (8 years)
Robbery (8 years)
R v Abraham,
2012 MBPC 77 (CanLII), per Heinrichs J
3.25 years Also sentenced for aggravated assault and breaches. The offender and co-accused broke into house to rob it while residents were asleep. Confrontation resulted in co-accused using bearspray on residents and offender pushing one down the stairs. Offender was in 30s with a aboriginal background.
R v Goodwin,
2012 BCPC 439 (CanLII), per O'Byrne J
3 years Offender had 16 prior break convictions, last being 3 years. Described as "career criminal". He had 13 months remand time, it was not credited to 3 year sentence.
R v Fraser,
2012 NSCA 118 (CanLII), per Hamilton JA
3 years offender on CSO to stay away from complainant at the time that he breaks into her house, argues with her and smashes property, is chased out of house. Almost but not quite home invasion.
R v Wahobin,
2012 SKPC 95 (CanLII), per O'Hanlon J
3.5 years broke into apartment, committed assault causing bodily harm
R v Walbourne,
[2012] N.J. No. 171, 2012 CanLII 26671 (NL PC), per Orr J
48 months broke into three private residences, committed assault and mischief
R v Rao and MacFadden,
2012 BCSC 929 (CanLII), per Humphries J
12 years also convicted of sexual assault and robbery
Qaqasiq v R.,
2012 NUCA 3 (CanLII), per Hunt JA
3 years broke into home of victim and two children while armed with a rifle--lengthy record
R v Gladue,
2011 ABCA 378 (CanLII), per O’Ferrall J
7 years home invasion sexual assault
R v LLG,
2011 MBQB 269 (CanLII), per Perlmutter J
10 years home invasion and sexual assault; chlidren were present
R v Omilgoituk,
2011 NLCA 77 (CanLII), per Hoegg JA
33 months kicked down door of residence and threatened to kill victim
R v Shirley,
2009 ONCJ 266 (CanLII), per De Filippis J
R v Serre,
2009 ONCA 108 (CanLII), per curiam
4 years broke into house to collect drug debt; carried weapon and made implicit threat
R v Reader (M.),
2008 MBCA 42 (CanLII), per
15 years
R v Goundar,
2008 BCPC 115 (CanLII), per Kitchen J
18 month CSO entered residence and immediately ran away on seeing residents
R v TJF,
2008 BCCA 325 (CanLII), per Frankel JA
5 years home invasion; elderly couple; violence against residents
R v Cain,
2008 NSCA 49 (CanLII), per Bateman JA
4 years
R v Hunda,
2008 ONCA 244 (CanLII), per curiam
2.5 years kicked door in, held knife to resident
R v P(OA),
NSSC 365 (CanLII), per MacLellan J
7 years
R v Doyle,
2008 NSSC 380 (CanLII), per Robertson J
6 years
R v Lombardo,
2008 NSCA 96 (CanLII), per Saunders JA
18 mo for B&E related offences 8 prior related convictions
R v D(T),
2007 BCPC 304 (CanLII), per Low J
57 months planned home invasion with firearm
R v Levandoski,
2007 SKPC 68 (CanLII), per Singer J
13 months fight bw drug users result in offender entering home, getting punched by victim
R v Dhaliwal,
2007 BCSC 1936 (CanLII), per Groberman J
2 years less a day broke into grow op house to rob residents; used taser to subdue victim
R v Snow,
2007 ONCJ 426 (CanLII), per Trotter J
3.5 years 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery
R v Martinez,
2007 NSPC 9 (CanLII), per Tufts J
54 mo less remand
R v Wright,
2006 CanLII 40975 (ONCA), per Blair JA
8 years
R v Turtle,
2006 MBCA 148 (CanLII), per Scott CJ
42 months residence present; no violence used
R v Vincent,
2006 BCCA 135 (CanLII), per Ryan JA
9 months followed victim into condo suite; pretended to be police; ran away when asked for search warrant
R v Carvalho,
2006 CanLII 12959 (ON C.A.), per curiam
5 years break into residence at night while owner sleeping; then broke into back shed; very long record
R v Best,
2005 NSSC 199 (CanLII), per Kennedy CJ
12 years aggravated assault with B&E; lengthy non-violent record
R v Desrochers,
2005 MBCA 115 (CanLII), per Monnin JA
15 months 2 residential break-ins; ran away; record was lengthy with property offences; breaches
R v Pinch,
2005 NSSC 122 (CanLII), per Hall J
4 years
R v Pakoo,
2004 MBCA 157 (CanLII), per Freedman JA
5 years
R v Sharphead,
2004 ABCA 338 (CanLII), per Hunt JA
3 years broke into victim's home; committed aggravated assault with knife; no prior record
R v MacKenzie,
2004 NSCA 68 (CanLII), per Saunder JA
2 years 28 convictions on record; 10 for property offences
R v Johnson,
2004 ABCA 308 (CanLII), per Romaine JA
2.5 years break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises
R v Leggo,
2003 BCCA 392 (CanLII), per Saunders JA
9 years, 10 months The accused and co-accused broke into victim's home with a bat and imitation firearm. The victim was tied up and personal property was stolen. The accused was 32 years old and had a lengthy prior record.
R v DAW,
2002 BCCA 336 (CanLII), per Hall JA
10 years Offender convicted of break and enter and robbery. Offender and partner broke into elderly persons home and threatened with knife. There was a fight and partner sexually assaulted the female while offender restrained male victim.
R v Kelly,
2002 BCCA 190 (CanLII), per Hall JA
4 years Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.
R v Parlee,
2002 NBCA 21 (CanLII), per curiam
2 years less a day knocked on door; resident called police; arrested with drill
R v Purdy (1993), 21 WCB (2d) 616 (NSCA), 1993 CanLII 3123 (NS CA), per Jones JA 2 year suspended sentence Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time.
R v Howard,
1991 CanLII 2648 (NB Q.B.), per Riordon J
18 months enters house through basement window; flees, long criminal record

Other than dwelling

Case Name Sentence Summary
R v Lundrigan,
2012 NLCA 43 (CanLII), per Rowe JA
3 months Break into store stealing 3 bags of chips and break into law office for cash box--no record
R v Desnomie,
2012 SKCA 11 (CanLII), per Cameron JA
47 months B&E into pharmacy, used violence against occupants
R v O’Neil,
2011 CanLII 75711 (NL PC), per Gorman J
12 mo CSO break into hotel bar stole approx. 4,000$
R v Saunders,
2011 CanLII 61825 (NL PC), per Gorman J
5 months 3 buildings; prior record
R v Mason,
2011 MBPC 48 (CanLII), per Sandhu J
18 mo CSO guilty plea; youthful; prior record
R v Fitzpatrick,
2010 CanLII 43847 (NL P.C.), per Porter J
9 months B&E into convenience store; was youthful, no adult record, was drunk at time.
R v Adams,
2010 NSCA 42 (CanLII), per Bateman JA
3 years x 2 break into Self-Storage unit
R v Jeffrey,
2009 BCSC 1076 (CanLII), per Joyce J
2 years 2 x B&E into commericla property; some dated prior record
R v Richards,
2008 ABPC 35 (CanLII), per Lamoureux J
2 years less a day CSO B&E into commercial establishments all on same day; long record
R v McAllister,
2008 NSCA 103 (CanLII), per Oland JA
3 years very long record for B&E; broke into courthouse and stole money
R v Korte,
2008 ABCA 286 (CanLII), per Kent J
16 months broke into grocery store, stole thousands of dollars in goods; lengthy record
R v Matychuk,
2008 SKCA 32 (CanLII), per Wilkinson JA
13 months 3 commercial buildings; 68 prior convictions; history of drug use; CSO overturned
R v Bruce,
2008 MBPC 8 (CanLII), per Preston J
66 months 25 year old, no prior record; mastermind behind 17 commercial break and enters
R v Cousins,
2007 SKCA 86 (CanLII), per Hunter JA
1 year while on CSO, broke into auto body shop, stole 2 cars
R v Hogg,
2007 ABPC 287 (CanLII), per Stevens-Guille J
6 months used job in security to get access into businesses; steal computers
R v Desjardins,
2007 ONCA 345 (CanLII), per curiam
3 years broke into store; stole float; 50 prior convictions; got 14 year old daughter to help
R v Durham,
2006 BCPC 382 (CanLII), per Bennett
6 mo CSO broke into carport and residential shed; long record back to 1973
R v Lywood,
2006 ABCA 107 (CanLII), per Russell JA
8.3 mo after remand (Joint Sub.) 25 prior B&E; 18 mo prior to remand
R v Knife,
2006 ABPC 205 (CanLII), per LeGrandeur J
time served (3.5 mo credit) broke into office; took keys, change and cigars; long record
R v Dieter,
2007 ABCA 152 (CanLII), per Paperny JA
3 years prior record; break into hair salon; was on parole from previous offence at time
R v Prasad,
2006 ABCA 288 (CanLII), per Germain JA
18 months stole cash box at store and a car
R v Allison,
2005 MBCA 141 (CanLII), per Steel JA
9 months break into store; theft over 5,000
R v Penney,
2005 NLCA 31 (CanLII), per Welsh JA (2:1)
2 years break into pharmacy; stole 10,000 of property.
R v Ladouceur,
2005 ABCA 408 (CanLII), per Fraser JA
10 months break into commercial residence; steals pants; intoxicated at time
R v Musqua,
2004 SKCA 108 (CanLII), per Gerwing JA
18 months broke into garage; got into fight with residents
R v Mitzel,
2002 BCCA 333 (CanLII), per Saunders JA
6 months T.V. and video store; long prior record
R v Buggins,
2002 ABQB 90 (CanLII), per Viet J
77 week CSO
R v Parlee,
2002 NBCA 21 (CanLII), per curiam
2 years less a day broke into garage (6 months)
R v Sayer,
2001 SKCA 73 (CanLII), per Jackson JA
2 years 39 garages
R v GER,
2001 NFCA 56 (CanLII), per Wells CJ
3 years 4 B&E into commercial premises
R v Zahorejko,
2000 BCCA 259 (CanLII), per Prowse JA
9 mo break into a garage
R v Beney,
1998 CanLII 12194 (NB C.A.), per curiam
10 months garage
R v Antoine,
(1998), 126 Man.R.(2d) 317 (CA)(*no CanLII links)
3 months garage; first time offender
R v Beney,
[1998] N.B.R.(2d) (Supp.) No. 14 (CA) 1998 CanLII 2194 (NBCA), per curiam
10 months garage was 5 months
R v Jackson,
1997 CanLII 4589 (PE S.C.A.D.), per Mitchell JA
3 months CSO youthful offender, prior youth record, significant damage to property
R v Badger,
1996 CanLII 4935 (SKCA), per Cameron JA
6 months broke into garage
R v McKay,
1993 CanLII 3242 (NS C.A.), per Clarke CJ
2 years grocery store, taken $960+ in items
R v Schrader,
1991 CanLII 2592 (NS CA), (1991), 104 N.S.R. (2d) 91 (C.A.), per Chipman JA
Suspended Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation.
R v Bursey,
1991 CanLII 2576 (NS CA), (1991), 104 N.S.R. (2d) 94 (C.A.), per Chipman JA
Suspended Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts
R v Duncan,
1990 CanLII 2258 (BC CA), per Anderson JA
6 months (B&E #1)
10 months (B&E #2)
dangerous driving (2 months)
12 months (global)
Offender was observed breaking into two stores on two separate dates. In latter break, he was observed escaping the scene. The offender was 29 years old and had a record.
R v Weaver,
1990 CanLII 2355 (NS C.A.), per Macdonald JA
12 months four counts B&E, including shed and arenas.
R v Armbruster,
[1985] N.J. No. 88 (NLCA)(*no CanLII links)
5 years 5 B&Es in schools, 1 B&E in gas bar. Lengthy record
R v Rudderham,
1983 CarswellNS 502 (NSCA)(*no CanLII links)
Suspended Sentence The offender broke into a car dealership. he was 19 years old with a criminal record. He had psychiatric and addiction problems. He had served 2 months on remand.

Bribery

Case Digests

Case Name Sentence Summary
R v Aitchison,
2013 ONCJ 74 (CanLII), per Baldwin J
3 to 4 months + P
R v Telisma,
2012 QCCQ 27 (CanLII), per Lamontagne J
18 months CSO He was "Employed by the Municipal Court as a justice of the peace for the last ten years or so, the accused was responsible for the deposit of any cash seized ... Ten times over a period of 5 months, the accused took deposits for a total of $4,331 and hid the proofs of payment .... Breach of trust between the employer and the position occupied: officer justice of the peace. ... Several times, over a period of 5 months, the accused, as an officer of the court, duped the public's trust, lured as she was by money. ...The accused pleaded guilty. ...She collaborated with the investigation. ...She reimbursed the amounts and returned the documents taken. ...She has no criminal record. She has taken steps to solve her problems and is in school. ..Under the circumstances and taking into account the accused's profile, the steps taken, the real efforts toward rehabilitation, and the deterrent effect of the legal process, the Court believes that a suspended sentence would not contradict the criteria of denunciation and deterrence." [15]

Telecommunication Offences

Case Digests

False Alarm (s. 372)

Case Name Sentence Summary
R v Kerton,
2001 NBQB 106 (CanLII), per Russell J
fine and 10 month probation The offenders were husband and wife and were convicted at trial under s. 372. The victim was having an affair with one of them. The accused told victim that both husband and wife had AIDS. The accused were of otherwise good character. Judge rejected discharge.

See Also

Theft

Under $5,000

General

Case Name Sentence Summary
R v Prowse,
1998 CanLII 18024 (NL CA), per Mahoney JA
discharge offender stole a generator--appealed $500 fine
R v CC,
2012 CanLII 16721 (NL PC), [2012] N.J. No. 121 (P.C.), per Gorman J
Suspended lengthy related record

Shoplifting

Case Name Sentence Summary
R v Wright,
2013 ABCA 428 (CanLII), per curiam
$200 fine
R v Reid,
2012 CanLII 25696 (NL PC), per Gorman J
2 months CSO offender stole clothing on two dates--prior related record with prior CSO
R v DWJ,
2012 BCPC 15 (CanLII), per Brecknell J
12 months CSO also charged with 5 breaches; over 100 prior convictions
R v Day,
2011 CanLII 8588 (NLPC), per Gorman J
absolute discharge
R v McLeod,
2007 YKTC 39 (CanLII), per Ruddy J
9 months after 2 mo remand lengthy property-related record; unhelpful PSR; 6 thefts; 1 possession; 1 breach; theft to support habit
R v Callaghan,
2003 NSSC 16 (CanLII), per Robertson J
absolute discharge
R v Hartz,
2002 ABCA 108 (CanLII), per Paperny JA
18 months defraud employer of $123,860; none recovered
R v Schell,
2002 ABQB 382 (CanLII), per Lee J and 2002 ABQB 439 (CanLII), per Lee J
discharge possession of stolen property; stereo equipment
R v Whitemanleft,
2000 ABPC 68 (CanLII), per Fraser J
3 months after remand possess doctors’ prescription forms; $300+ merchandise
R v Dahlin,
1992 CanLII 1204 (BCCA), per McEachern CJ
6 months 5 thefts; long but dated criminal record; original judge gave 12 months

Breach of Trust (incl. Theft from Employer)

Case Name Sentence Summary
R v Edmunds,
2012 NLCA 26 (CanLII), per White JA
discharge guard at jail steals from employer--diagnosed with depression--heard in mental health court
R v Bjarnason,
2011 CanLII 67010 (MBCA), per Moar JA
4 mo CSO 18 year old; no record; $4,250.56 stolen from employer
R v Sutherland,
[2011] N.J. No. 64 (P.C.), 2014 CanLII 37667 (NL PC), per Gorman J
4 month CSO theft from employer
R v Gray,
2006 CarswellNB 808, 2007 NBCA 54 (CanLII), per curiam
6 month CSO theft of 25 Oxycodone. Offender gave a confession and stated that she was considering selling some. Crown sought 6 to 9 months jail. Defence sought shorter CSO. Leave to appeal refused.

Over $5,000

Case Name Sentence Summary
R v Downey,
2012 NBCA 78 (CanLII), per curiam
15 months stolen tractor worth $66k
R v Keeping,
2012 CanLII 17398 (NLSC), per Stack J
discharge husband exercised self-help to property he wanted from ex-wife
R v Magas,
2012 ABCA 61 (CanLII), per curiam (2:1)
9 months $34,545 stolen. Offender was employed to collect rents, stole rent money-judge rejected an 18 month CSO recommendation. CA upheld it.
R v Moore,
2012 ONCA 763 (CanLII), per curiam
3 years theft of a motor vehicle, valued over $5,000.

Theft from Employer

Case Name Sentence Summary
R v Mason,
2017 ONSC 1509 (CanLII), per Broad J
4 months $20,000 (approx)
R v Perez
2012 ABCA 393 (CanLII), per curiam
12 months $116,000 stolen, $49k not recovered. History of gambling addiction. Overturn sentence of 2 year less a day CSO.
R v McIntosh
2012 ONCJ 216 (CanLII), per Hearn J
discharge RIM employee steals 12 blackberry phones
R v Suhr
[2002] O.J. No. 4315 (C.A.), 2002 CanLII 13476 (ON CA), per curiam
6 months theft over; employee of bell Canada stole a quantity of telephones from Bell over one year; money used to support gambling addiction
R v Bennett
(1990), 96 N.S.R.(2d) 121 (NSCA), 1990 CanLII 2430 (NS CA), per Chipman JA
6 months $5,743 stolen, offender guilty of theft from employer over 1 month-- no record, age 23--under stress at time--appeal from 18 month sentence--CA says breach of trust requires jail
R v Crowell
1997 CanLII 776 (NS SC), per Macdonald J
20 months (JR) $64,000 stolen. Offender was a former police chief charged with 5 counts of theft. Used position of trust.

Theft of a Motor Vehicle (s.333.1)

Case Name Sentence Summary
R v Houle,
2013 ABCA 141 (CanLII), per Bielby JA
15 months + P accused stole police vehicle for joy ride. Had 37 prior offences.

See Also

Fraud

Fraud under $5,000

Case Name Pr Ct Sentence Amount Summary
R v Song,
2017 ABPC 13 (CanLII), per MacDonald J
AB PC 6 months CSO $5,000 approx The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store.
R v Zentner,
2012 ABPC 94 (CanLII), per Krinke J
AB PC discharge $4,999 offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold
R v Hynes,
2012 CanLII 11926 (NL PC) , [2012] NJ 422 (NLPC), per Gorman J
NL PC discharge fraud x 2, cashed cheques stolen by boyfriend
R v Bent,
2007 NSPC 63 (CanLII), per C Williams J
NS PC 9 month CSO Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order.
R v Gordon,
2004 BCCA 294 (CanLII), per Braidwood JA
BC CA 20 mo Summary of case is pending.
R v McSween
(2002), 2002 NSSC 225 (CanLII), 208 N.S.R.(2d) 377, per LeBlanc J
NS SC discharge The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " Source
R v Johnson
(1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links)
NS SC 1 month $4000 offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust
R v Munroe
(1991), 101 N.S.R.(2d) 360 (C.A.), 1991 CanLII 2485 (NS CA), per Clarke CJ
NS CA 14 days $3998 age 18, over several months defrauded employer of $3998
R v Brink,
1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No. 364(*no CanLII links)
BC discharge Offender was a paramedic who stole drugs to feed a narcotics addiction.

Fraud over $5,000

Social Services Fraud

Case Name Pr Ct Sentence Amount Summary
R v Isaac,
2009 SKPC 111 (CanLII), per Green J
SK PC 16 months CSO $5,720 welfare fraud
R v Collins
2011 OJ No 978, 2011 ONCA 182 (CanLII), per Rosenberg JA
ON CA 10 months $96,298.51 social assistance fraud, where offender was party--67 cheques were obtained--2 years probation ; very large welfare fraud ;sophisticated ; aboriginal offender; on bail for a long time prior to sentencing; was separated from her disabled daughter--one co-accused received 26 months
R v Keuris
2008 BCSC 480 (CanLII), per Barrow J
BC SC 6 months CSO $25k welfare fraud
R v Lougheed,
2003 BCCA 681 (CanLII), per Southin J
BC CA 45 days $6,000 Offender had one prior unrelated conviction for which she got 45 days.
R v . Rizzetto
(2002), 210 N.S.R. (2d) 67 (C.A.), 2002 NSCA 142 (CanLII), per Saunders JA
NS CA 2 years less a day CSO $137k social service fraud over 20 years, did not declare correct income--convicted by jury--restitution of $71k.
R v Yates,
2002 BCCA 583 (CanLII), per Prowse JA
BC CA Suspended $13,124 Summary of case is pending.
R v D'Amour,
2002 CanLII 45015 (ON CA), per Doherty JA
ON CA 90 days + P $14,636 Defraud over 2 years.
R v Medeiros,
2002 CanLII 45037 (ON CA), per curiam
ON CA 9 month CSO Summary of case is pending.
R v Oliynyk,
2002 SKCA 37 (CanLII), per Lane JA
SK CA 10 months + Pr $157,000 husband and wife defrauded welfare over 12 years by not reporting wife's income. Described as one of the largest social assistance frauds. Overturned 6 months CSO and 12 months. Judge gave credit time already spent on CSO
R v Francis,
2000 CanLII 22052 (ON CA), per curiam
ON CA 2 year less a day CSO Welfare fraud over several years.
R v Hunt,
2000 SKQB 89 (CanLII), per Goldenberg J
SK SC 6 months CSO Summary of case is pending.
R v Anderson-Davis,
2000 BCSC 42 (CanLII), per Boyle J
BC SC 18 months CSO $136,000 Offender did not reveal large loan. Offender had no prior record. Family and community supports.
R v Lawani,
1999 CanLII 3153 (ON CA), per curiam
ON CA suspended $21,000 Offender plead guilty to 6 counts of fraud under $5,000.
R v Cameron,
1999 ABQB 160 (CanLII), per Lee J
AB SC 30 days + P $17,000 Offender received welfare and did not disclose income, had also filed false medical reports. Occurred over 5 years. Offender was 61 years old and plead guilty. The judge rejected joint recommendation of 18 months CSO.
R v McIsaac
[1998] BCJ No. 1946, 1998 CanLII 4654 (BC SC), per Quijano J
BC SC discharge $44,546 both husband and wife on US disability for serious injuries. Received social assistance at same time.
R v Marcelino,
1998 CanLII 5530 (BC CA), per Southin JA
BC CA 3 month CSO $9,000

Offender received welfare and failed to disclose employment income.

R v Russell,
1997 CanLII 977 (ON CA), per curiam
ON CA 9 months over $28,000 Offender received welfare for over 20 months. He was 26 years old with a prior record for property offences.
R v Wolfchild,
1996 ABCA 78 (CanLII), per Hetherington JA
AB CA 60 days $3902 Summary of case is pending.
R v Carlson,
1996 CanLII 4936 (SK CA), per Wakeling JA
SK CA suspended $17,000 Offender failed to report income to social assistance over several years. Offender was 62 years old and in poor health. But for health issues, jail would have been ordered.
R v Reid,
1995 CanLII 4319 (NS CA), per Matthews JA
NS CA $5,545 50 days OFfender did not disclose he was receiving benefits from insurer from MV accident. Offender appealed sentence of 9 months which court found to be "clearly excessive". Offender was 41 years old with no prior record.
R c Gentilletti,
1995 CanLII 5087 (QC CA), per curiam
QC CA 10 months Offender cashed 7 social assistance cheques.
R v Knowles,
1994 CanLII 1912 (BC CA), per Taylor JA
BC CA Fine $ 4,200 Offender received welfare. He did not disclose assets.
R v Tanasichuk,
1994 CanLII 3915 (NB QB), per Riordon J
NB SC 6 months $37,000 Offender obtained social assistance over 9 months. He did not disclose that he was living with his partner. He was 26 years old. Had a prior record and was serving 3 year sentence on unrelated offence.
R v Friesen,
1994 CanLII 2011 (BC CA), per Taylor JA
BC CA 9 months over $12,000 Offender collected welfare over 5 years. Did not disclose her other income. She had a prior related record and had a history of dishonesty.
R v Wilton,
(1991), 93 Sask. R. 184(*no CanLII links)
SK CA 5 months Offender filed false documents to permit employee to receive unemployment insurance benefits. No prior record.
R v Roche,
1990 CanLII 6483 (NL CA), per Goodridge CJ
NL CA 1 month + fine over $10,000 Offender received UIC payments over three weeks. A total of 13 people were involved in similar schemes.
R v Pelley,
1990 CanLII 6495 (NL CA), per O'Neill JA
NL CA 6 months $100,000 UIC benefits. Offender was mastermind. Appeal from sentence of 1 day + fine.
R v Francis,
1990 CanLII 6485 (NL CA), per Mahoney JA
NL CA 30 days + P

The offender was chief of a native council. Offender issued a false record of employment. The offender did not benefit personally, however, he was in a position of trust.

R v Bingham,
1986 ABCA 45 (CanLII), per Forsyth JA
AB CA 4 months $4,000 Offender defrauded student loan program. Used money to support children.
Paiero
(1986), 71 N.S.R.(2d) 268 (*no CanLII links)
NS CA Suspended Appeal from suspended sentence with 30 months probation. No restitution order.
R v Cahill,
1986 ABCA 7 (CanLII), per McClung JA
AB CA 3 years $63,000

The offender committed welfare fraud over 3 years. The offender was 40 years old. Plead guilty. Sophisticated scheme.

R v McMahon
[1983] BCJ No. 769 (C.A.)(*no CanLII links)
BC CA 7 months $395 applied for social assistance on fake identity. The offender was aged 24. Was trying to support a partner.
R v Kemp
[1981] BCJ No. 446 (C.A.)(*no CanLII links)
BC CA 90 days $2,600 offender collected welfare after getting a job. The offender was supporting 10-year-old daughter. 180 hours community service
R v Kranjc
[1980] OJ No 775 (C.A.)(*no CanLII links)
ON CA 5 months $7,344 fraudulently collected benefits for an eye injury already collected upon
R v Kirkwood
[1978] BCJ No. 612 (C.A.)(*no CanLII links)
BC CA 9 months $7,300 defraud welfare over 3 months--offender was 33 years old with no record

Tax Fraud

Case Name Pr Ct Sentence Amount Summary
R v Tennina,
2013 ONSC 4694 (CanLII), per Gilmore J
ON SC 10 years $17 million elaborate tax evasion scheme
R v Kutum,
2013 ONCJ 241 (CanLII), per Schwarzl J
ON PC 2 years $1 million tax evasion
R v Stevenson,
2002 ABCA 41 (CanLII), per curiam
AB CA 3 years $1,307,800 Summary of case is pending.

Bankruptcy Fraud

Case Name Pr Ct Sentence Amount Summary
R v Yaremkevich,
2002 ABPC 174 (CanLII), per Allen J
AB PC $1,000 fine Charged under BIA. Summary election.
R v Levac‑Barton,
[2001] OJ No 5200 (Ont. Sup. Crt.)(*no CanLII links)
ON SC $2,000 fine Summary of case is pending.
R v Baines,
[1989] BCJ No. 372 (BCCA)(*no CanLII links)
BC CA 90 days Summary of case is pending.
R v Sonntag
(1989) 8 W.C.B. (2d) 32 (Ont. Dist. Ct.)(*no CanLII links)
ON SC Suspended Sentence Summary of case is pending.
R v Laschuk
[1988] BCJ No. 99. (BCCA)(*no CanLII links)
BC CA 90 days Summary of case is pending.
R v Langille,
[1986] 60 C.B.R. (NS) 55 (NSCA) (*no CanLII links)
NS CA 4 months Summary of case is pending.

Unpublished

Nova Scotia

  • R v Pincock, [16]
    • November 5, 2018
    • $34,524
    • 90 days jail, 2 years probation
  • R v Procenko, [17]
    • June 28, 2018
    • ~$250,000
    • 2 years
  • [18]
    • Feb 13, 2018
    • 2 years

Newfoundland

  • R v [19]
    • 1 year(s) CSO
    • $110 million

Legend

Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

References

See Also

Fraud Between 100k and 500k (Sentencing Cases)

Fraud Over

See also: Fraud (Sentencing Cases)

Between 100k and 500k

Case Name Pr Ct Sentence Amount Summary
R v Kothary,
2018 ONCJ 133 (CanLII), per Silverstein J
ON PC 2 years + probation $467k Summary of case is pending.
R v Inshanalli,
2017 ONCJ 234 (CanLII), per West J
ON PC 3.5 years $460k She had paid about 54k in restitution before sentencing. She had a gambling addiction. He prior criminal record included two convictions for major fraud.
R v Sampson,
2016 ONCJ 128 (CanLII), per Blouin J
ON PC CSO $232,566 Summary of case is pending.
R v Schoer,
2016 ONSC 1127 (CanLII), per Gilmore J
ON SC 4 years $413,500 "an investment adviser was sentenced to four years for defrauding 14 victims of a total of $413,500, over a period of eight years. Many of the victims were elderly and could not afford the losses they sustained. Mr. Schoer was in a position of trust. He was 51 years old, married with three children and had no criminal record. He had good character references and had already repaid one victim $72,000. Mr. Pavao has repaid nothing and the extent of his fraud is considerably more. " [20]
R v Walker,
2016 ABQB 695 (CanLII), per Ackerl J
AB SC 3 years $315,000 The offender defrauded 5 investors. He was 70 years old at the time of the offence. The victims were not affluent.
R v Hussein,
2016 CanLII 32833 (ONSC), per Turnbull J
ON SC 30 months $400,000 (approx.) The offender defrauded the bank by cashing a series of cheques.
R v Maddalena,
2015 BCSC 2474 (CanLII), per Maisonville J
BC SC 4 years $205,286.44 "May 2004 until May 2006, Mr. Maddalena manipulated the payroll system ... he overpaid himself a substantial amount of money. As well, Mr. Maddalena manipulated tax remittances from Kirk, overpaying the Canada Revenue Agency in order to enjoy greater tax refunds."
R v Elander,
2015 ABQB 299 (CanLII), per Germain J
AB SC 42 months $400,000+ The offender was convicted after a six-month trial. He assisted in a mortgage fraud scheme where properties were sold to strong buyers who would take out inflated mortgages. The offender used his status as a lawyer to complete the transactions.
R v Primeau, 2015 QCCQ 2028 (CanLII), per LaFlamme J QC 45 months, 26 days $439,638 "The accused, director and majority shareholder in an investment company, had a fiduciary duty toward his investors. Nevertheless, he planned a wide-ranging fraudulent scheme to misappropriate certain amounts for personal purposes. The accused had no criminal record, pleaded guilty, was in therapy, and expressed certain regrets. Greed motivated his actions." [21]
R v Regnier,
2014 ONSC 3808 (CanLII), per Pelletier J
ON SC 18 months ~$300,000 The offence was spread over 4 years. Funds were spent on luxuries. [per Pelletier J]
R v Karigar,
2014 ONSC 3093 (CanLII), per Hackland J
ON SC 3 years $460,000 bribing a public official.
R v Fiorilli,
2014 ONSC 1117 (CanLII), per Trotter J
ON SC 12 months $267,082 Defrauded CHMC and RBC in two mortgage transactions. Rejected CSO. Restitution Ordered. No DNA Ordered.
R v Bondok,
2014 ONSC 394 (CanLII), per R Smith J
ON SC 3.5 years x 2 (fraud) $497k Offender stole PIN number for ING account of victim, withdrew funds
R v Savard,
2014 QCCQ 3153 (CanLII), per Couture J
QC 16 months $135,600 "The accused, who was in charge of accounting, misappropriated a total of $135,600 over a period of thirty-one months. She pleaded guilty, offered reimbursement, presented a low risk of reoffending, and expressed regret. The Court took into account her prior convictions for theft, the total amount of the fraud and theft, the period over which the illegal acts took place, her abuse of a position of trust and authority, the fact that she also acted out of greed and thirst for profit, and imposed a sixteen-month sentence of imprisonment with a restitution order of $70,000 followed by a two-year probation period." [22]
R v Hope,
[2013] O.J. NO. 1078, (C.J.)(*no CanLII links)
ON PC $390,000 Summary of case is pending.
R v Garrick
2013 ONSC 1798 (CanLII), per McCombs J
ON SC 12 months $261,000 Summary of case is pending.
R v Maskwa
2013 SKPC 15 (CanLII), per LaBach J
SK PC 2 years less a day CSO $146,946.61 theft from employer Avis Rental
R v Samson,
2013 QCCQ 95 (CanLII), per Boulet J
QC 2 years less a day CSO with probation $186,000 " The accused defrauded the company for which she worked as an accounting secretary of $186,000 over a two-year period. She pleaded guilty, began therapy, and expressed remorse and regret. Despite a reimbursement of $28,000 and $5,000 from the insurer, the company suffered a significant loss. The Court imposed a conditional sentence of two years less one day, followed by three years of probation." [23]
R v Stevens,
2013 ABPC 8 (CanLII), per Fradsham J
AB PC 2 years $205k Offender used his position in his job to make 13 invoices to himself through a consultancy company. CSO rejected.
R v Grondin,
2013 QCCQ 9968 (CanLII), per Boulet J
QC 2 years less a day with probation $195,000 "The accused, an employee of the Caisse populaire Desjardins, pleaded guilty to charges of fraud in the amount of $195,000, which took place over a period of three years. The Court imposed a conditional sentence of two years less one day and three years’ probation, taking into account her remorse and low risk of reoffending. The Court considered her abuse of a position of trust in relation to her employer, the employer’s significant monetary loss, and the duration of the fraud." [24]
R v Ford,
2012 NSSC 340 (CanLII), per Bourgeois J
NS SC 12 months $322,634 ran a pharmacy on a reserve, made false prescription claims to government--occurred over 18 months--remorseful, was using drugs at time--CSO rejected
R v Parkes
2012 SKQB 257 (CanLII), per Acton J
SK SC 36 months $179k offender convicted of defrauding vulnerable senior citizen
R v Garrick
2012 ONSC 2528 (CanLII), per Ricchetti J
ON SC 23 months CSO $139k offender convinced three victims to invest money in an IPO
R v Frijters,
2012 ABPC 182 (CanLII), per Fraser J
AB PC $304,474.37 The offender was a used car salesman. [Fraser PCJ]
R v Hatche
2012 SKPC 38 (CanLII), per D Scott J
SK PC 2 years less a day CSO $143,452.30 Summary of case is pending.
R v Judd
2012 BCPC 7 (CanLII), per Chen J
BC PC 2 years $204,070 "the offender was a mother of a seven-year-old child and volunteer with a soccer club whose duties included responsibility for the club’s finances. Over a period of five years, she stole over $200,000 from the club by writing cheques payable to herself and her husband or by taking cash. She also fraudulently altered bank statements. In imposing a sentence of two years’ incarceration and a restitution order for the full amount, the court noted the serious breach of trust and the planning and manipulation used to execute the crimes."[1]
R v Slattery
2012 ONSC 792 (CanLII), per Wilson J
ON SC $77k found guilty
R v Bandiera
2012 ONSC 6015 (CanLII), per Mulligan J
ON SC 5 months ~$400,000 The offender was a bookkeeper. The offence occurred over 4 years.
R v Zenari
2012 ABPC 7 (CanLII), per LeReverend J
AB PC CSO $225k+ police officer submitting false overtime claims
R v Kaziuk
2012 ONCJ 34 (CanLII), per Baldwin J
ON PC 10 years breach of trust, used power of attorney to defraud mother of $20,000, guilty of 334(a) and 380(1)(a) after trial, 69 prior related convictions
R v Coulombe
2012 QCCQ 4274 (CanLII), per Boulet J
QC 12 months $179,188.65 "The accused, a civil servant at the Government of Quebec’s Ministère des Transports, used forged invoices to collect $179,188.65 over a period of three years. When he pleaded guilty to breach of trust, he had reimbursed $90,000. The accused did not recognize his wrongdoing or take responsibility for his actions. The judge sentenced him to twelve months’ imprisonment."
R v Croteau-Ruthledge,
2011 QCCQ 1770 (CanLII), per Marchand J
QC PC 15 months and probation $123,000 "The accused pleaded guilty to fraud against her employer in the amount of $123,000. The Court imposed a fifteen-month sentence of imprisonment, followed by three years’ probation, even though her risk of reoffending was low and she had no criminal record. The judge bore in mind the nature and scope of the fraud, the notion of abuse of a position of trust, and her limited remorse."[25]
R v Champagne,
2011 QCCQ 6419 (CanLII), per Trudel J
QC PC $265,671 "The accused pleaded guilty to fraud in the amount of $265,671, which she committed while she was secretary-treasurer for the municipality of Ste-Eulalie. She was 52 years old and had misappropriated the funds for her own personal benefit. She was sentenced to fifteen months’ imprisonment and three years’ probation." [26]
R v Miles,
2011 ABCA 133 (CanLII), per curiam
AB CA 2 years $203,000 The offender was a bookkeeper in a small company. She plead guilty to stealing by forging checks. The court recognized that there were "far fewer internal controls" than in a large organization and was in a "far greater position of trust". A two year less a day conditional sentence was overturned.
R v Dhaliwahl
2011 ONCJ 560 (CanLII), per Dean J
ON PC 9 months $430k+ offender worked for accounting in hospital--wrote cheques to self
R v Naugler
2011 NSPC 68 (CanLII), per Derrick J
NS PC 8 months + probation $136,456 offender defrauded employer over 3 years
R v Purves
2011 SKQB 162 (CanLII), per Scheibel J
SK SC 2 years less CSO $150k fraud by municipal govt employer; offender suffered from depression, anxiety, financial problems and gambling problems.
R v Allen
2011 ABPC 318 (CanLII), per Stevens-Guille J
AB PC 2 years $275k Summary of case is pending.
R v Lento,
2010 QCCQ 1115 (CanLII), per Bonnin J
QC PC 3 years $500,000 "The accused pleaded guilty to a charge of defrauding his union of about $500,000 over a nine-year period. The Court imposed three years in a penitentiary despite his lack of a criminal record, pointing out that he had benefited from a favourable reputation, which he had used to mask his criminal conduct." [27]
R v Stirling
2010 ABCA 338 (CanLII), per curiam
AB CA 1 year $255k+ The offender was a bookkeeper for a community association. Over three years she completed 254 illegal transactions. The Court of Appeal overturned a conditional sentence.
R v Collins,
2010 NLTD 7 (CanLII), per Hoegg J
NL SC 21 months $139,387.98 "The accused, a member of the Newfoundland and Labrador House of Assembly, committed several fraudulent acts over a period of six years, thereby enriching himself by $139,387.98." The Court also order ordered full restitution.
R v Walsh,
2010 CanLII 67 (NL PC), per Orr J
NL PC 22 months $159,316 "The accused, a member of the Newfoundland and Labrador House of Assembly, made fraudulent claims. He was convicted of fraud and breach of trust totalling $159,316. The Court sentenced him to twenty-two months’ imprisonment and ordered him to make restitution in the amount of $144,000 for the fraud. It also sentenced him to twelve concurrent months and two years’ probation for breach of trust."
R v Cioffi,
2010 QCCA 69 (CanLII), per curiam
QC CA 35 months $400,000 "The accused was the director of a bank branch when she authorized loans to fictitious persons. These crimes took place over a period of four years, and the bank suffered a net loss of $3.5 million. Although the accused had no criminal record, presented a low risk of reoffending, and personally lost $400,000, the Court took into account the notion of abuse of a position of trust in relation to the employer, the duration of the offences, the magnitude of the loss, the high degree of premeditation, the elevated number of transactions, and the fact that it was a complex fraudulent scheme."[28]
R v MacDonald
2010 NSPC 33 (CanLII), per Atwood J
NS PC 30 months $200k+ investment advisor defrauded 30 clients
R v Corbeil,
2010 QCCA 1628 (CanLII), per curiam
QC CA 12 months CSO $117,315 "The accused held the position of regional coordinator of the Liberal Party of Canada and took part in a scheme that used forged invoices to have a number of cheques issued to the party organization. The accused pleaded guilty to charges of fraud against the government and fraud, had no criminal record, presented a low risk of reoffending, and had profited very little personally from the fraud. The Court of Appeal of Quebec sentenced her to twelve months’ imprisonment in the community and imposed a $20,000 fine, in lieu of the fifteen months’ detention and the restitution order of $117,315 made by the lower court."[29]
R v Byrne,
2009 CanLII 17117 (NL PC), per Pike J
NL PC 2 years less a day $117,812 "The accused, a former Minister in the Newfoundland government, submitted forged, counterfeit, or duplicate expense claims and paid $18,125 in bribes. He used corruption to avoid detection. He pleaded guilty to charges of fraud in the amount of $117,812, the amount that was considered inappropriately reimbursed, out of a total of $401,000. The Court imposed a sentence of two years less one day in prison and ordered restitution of $117,812." [30]
R v O'Neill,
[2009] OJ 5999 (*no CanLII links)
ON 12 months $175,000 The offender had a gambling addiction. About $6,000 in restitution was made.
R v Callender,
[2009] OJ No 5510 (Ont. S.C.J.), 2009 CanLII 72039 (ON SC), per Baltman J
ON SC 9 months CSO $280,000 The offender committed bank fraud. He had no prior record. The judge did not order restitution or forfeiture.
R v Poitras,
2009 QCCQ 3679 (CanLII), per Bellehumeur J
QC 2 years less a day CSO $235,000 "The accused was convicted of fraud assessed at $235,000 against her employer, committed when she occupied a privileged position within the company. Although the Court noted that this was a flagrant case of abuse of a position of trust in relation to the employer, it also took into account the accused’s age, her lack of criminal record, her social and familial stability, and the fact that she did not present a risk of violence or reoffending. He imposed a sentence of two years less one day to be served in the community, in addition to an obligation to serve 240 hours of community work. Moreover, she was ordered to pay $50,000 to various organizations and submit to a two-year probation order." [31]
R v Palantzas
2009 CanLII 49328 (ON SC), per Trafford J
ON SC 4 years $819k The offender was a bank manager and defrauded his employer. He plead guilty and had no criminal record. He was 51 years old and married with two adult children. The wife was suffering from depression and tried to commit suicide due to the charges. The sentencing judge rejected a Joint Recommendation for 15 months.
R v Oates
2008 SKQB 274 (CanLII), per Gunn J
SK SC 15 months with probation $460,520.62 The offender was employed by a government agency. Over several years stole from employer in an "elaborate" scheme. The offender had a prior related record, diagnosed with a gambling addiction, expressed remorse, was able to pay back half at the time of sentencing.
R v Gasparetto
[2008] OJ No 3840 (SC), 2008 CanLII 49579 (ON SC), per Spies J
ON SC 18 months CSO $190k offender was 47 years old, no record, had mental health issues and was getting counselling
R v deKock
2008 ABPC 279 (CanLII), per Ayotte J
AB PC 2 years less a day $175k The offender was found guilty of 14 counts of fraud, theft. and false pretenses. The motivation behind the fraud was to pay off creditors and keep the business going. He committed the offence over a period several months and was in a position of trust. The conviction was upheld at 2009 ABCA 25(*no CanLII links)
R v Williams,
2007 CanLII 4332 (ON SC), per Hill J
ON SC $190k The offender was convicted at trial of fraud. He was a school superintendent. He would be able to pay restitution by using his pension. The sentencing judge rejected a conditional sentence.
R v M.K.M.
2007 BCPC 58 (CanLII), per Dossa J
BC PC 2 years less a day CSO $262,912 accounts receivable clerk over a long period of time
R v Fulcher
2007 ABCA 381 (CanLII), per Côté JA
AB CA 2 years $268k The offender pleaded guilty to embezzling from his employer, a life insurance company. He was in a position of trust. The Sentencing Judge ordered a conditional sentence which was overturned.
Court stated that d"enunciation and deterrence demanded imprisonment for financial crimes by one in a position of trust."  
R v Clark,
[2006] AJ No 1003 (Alta. Q.B.)(*no CanLII links)
AB SC 2 years $389k The offender defraud his car business's customers by making misrepresentations. He made the misrepresentations in order to keep his business going. The Court of Appeal overturned a conditional sentence.
R v Dion,
2006 QCCQ 279 (CanLII), per Lortie J
QC 28 months $340,000 The offender was the financial comptroller for a company and used that position to defraud the company. "Despite the accused’s cooperation with the investigation, his guilty plea, his lack of a criminal record, and the regrets expressed, the Court took into account the fact that it was an abuse of a position of trust from which the accused drew a personal benefit." [32]
R v Harvey,
2006 QCCQ 7143 (CanLII), per Seguin J
QC 2 years less a day with probation $220,000 "While he was director of a daycare centre, the accused defrauded this organization of a total of $220,000 over five years. He pleaded guilty, expressed great remorse, and began therapy to deal with his compulsive gambling. He had no criminal record. The Court imposed a conditional sentence of two years less one day, followed by three years' probation." [33]
R v Gopher,
2006 SKCA 86 (CanLII), per Jackson JA
SK CA 42 months $357,843 "Over a period of twenty-one months, the accused misappropriated money earmarked for an Aboriginal group. The accused recorded these amounts as transportation and personal development expenses. He was 57 years old, expressed no remorse, did not believe that his actions were criminal, and presented a risk of reoffending." [34]
R v Harding
2006 SKCA 118 (CanLII), per Cameron JA
SK CA 18 months $300k The offender was employed by his union local. Over 6 years he defrauded the union through 900 transactions. The offender was 52 years old and had no record. He was diagnosed with a gambling problem, medium risk to reoffend. Court overturned 2 year CSO
R v Trask,
[2005] NSJ No. 561(*no CanLII links)
NS PC 2 years less a day CSO (JR) $340,731.70 offender was chief accounting officer for municipality of Victoria, defrauded over many years--motivated by greed
R v Jeannotte,
2005 CanLII 22771 (QC CQ), per Provost J
AC 2 years less a day CSO $200,000 "The accused, a lawyer, pleaded guilty to fraud for having used $200,000 from her clients to pay her spouse’s drug debts. The Court sentenced her to a term of imprisonment of two years less one day to be served in the community and two years of probation. She had no criminal record, was not in a position to reimburse the money, had favourable psychological and presentence reports, and recognized her wrongdoing."[35]
R v McTighe,
2005 ABCA 30 (CanLII), per curiam
AB CA $247k The offender pleaded guilty to performing 111 fraudulent transactions. He was emloyed at a national accounting firm. The Court of Appeal overturned a conditional sentence.
R v Corner,
2005 OJ No 3590 (SC)(*no CanLII links)
ON SC 18 month CSO $150k offender came forward and told employer he defrauded them--offender had abusive and dysfunctional family
R v Goertzen and James,
2004 BCCA 639 (CanLII), per Newbury JA
BC CA 4 years over $100k "The Court of Appeal found that the range of sentences of both Mr. Goertzen and Ms. James to be high, but not unfit."Goetzen had no prior record. James had 27 prior convictions for dishonesty including 13 prior fraud convictions. James was on probation at the tine.
R v Bracegirdle,
2004 ABCA 252 (CanLII), per curiam
AB CA 2 years less a day $175,462.96 Thee offender pleaded guilty to fraud. She was financial manager for Cystic Fibrosis Society for 15 years. Over a period 5 years she took money from the society. There was no remorse or restitution. The offence was a "egregious" breach of trust and the victim was vulnerable. The sentencing judge ordered a conditional sentence.
R v Reid,
2004 YKCA 4 (CanLII), per Hall JA
YK CA 14 months $170k (approx) 6 months credit for remand, and served some sentence on CSO--court overturned 18 month CSO--breach of trust
R v Altenhofen,
[2003] AJ No 797, 2003 ABQB 485 (CanLII), per Sullivan J upheld 2003 ABCA 275 (CanLII), per Costigan JA
AB SC 2 years $400k The offender was convicted of 13 counts of fraud and possession of stolen property. He committed offence against own company involing "leaseback agreements". He also stole heavy equipment. The offender was 49 years old, minor dated record, married, experience as businessman.
R v Robinson,
[2003] OJ No 4722 (SCJ)(*no CanLII links)
ON PC 22 month CSO over $200k employee fraud; over several months; involved deliberate, planned and covert behaviour. accused suffering from depression, an auto-immune deficiency and asthma.
R v Beggs,
2003 BCCA 101 (CanLII), per Ryan JA
BC CA 4 years $223k+ offender was high level employee with CRA, used her position to give tax breaks to friends over 4 years
R v Evans,
2003 NBQB 54 (CanLII), per Glennie J
NB SC 1 year $126k offender was caregiver for elderly man with dementia, took money from elder's bank account
R v JA,
[2003] OJ No 2167 (OCJ)(*no CanLII links)
ON PC 12 mo CSO $248,000 employee was a book keeper; stole over two and a half years period; depression and difficult childhood
R v Hartz,
2002 ABCA 108 (CanLII), per Paperny JA
AB CA 18 months $123,860 offender forged 25 company cheques--offender was age 42, no record, with adult children. Court of appeal rejected a conditional sentence. "Ms. Hartz received a sentence of incarceration for fraud in the amount of $123,860, which was defrauded from her corporate employer. ... That she was not a danger to society was appropriately factored in by the trial judge."[36]
R v Hadjor,
2002 CanLII 41835 (ON CA), per curiam
ON CA 2 years $400,000 "The Court of Appeal for Ontario upheld a two-year custodial sentence and a restitution order for an accountant who made false statements about his clients. He collected $400,000 for his own personal purposes and to save his company. The sentence was imposed despite his lack of criminal record." [37]
R v Fehr,
[2001] S.J. No. 147, 2001 SKCA 37 (CanLII), per Sherstobitoff JA
SK CA 11 months $220k offender defrauded employer over 10 years as a bookkeeper for small company--major impact on company and 35-40 employees--offender was 56 years old, no record, married with one daughter living with family--offender made public confession and agreed to repay $80k--overturned 2 years less a day CSO
R v Matheson,
2001 NSSC 78 (CanLII), per MacAdam J
NS SC 2 years less a day CSO $117,000 lawyer for a firm improperly took money that was given in trust as execution of a will giving assets to a child--also charged with theft, breach of trust, and forged documents
R v Moulton,
(2001), 160 CCC (3d) 407, 2001 SKCA 121 (CanLII), per Vancise JA
SK CA 12 month CSO $270k offender sold his cattle in unauthorized transactions making large profits, defrauding beef producers coop--offender was 44 years old, married, two adult children, in cattle industry for 20 years--motivated to safe herd not greed--made restitution--no breach of trust "The Court of Appeal for Saskatchewan upheld the conditional sentence of two years less one day imposed at trial, finding that the accused had not been motivated by greed but was seeking to save his property, namely, his cattle operation. He defrauded the Saskatchewan government of $273,355.55. The Court noted that the accused had no criminal record and had in now way abused a position of trust." [38]
R v DeBay,
2001 NSCA 48 (CanLII), per Cromwell JA
NS CA 2 years (JR) $226,234.99 Summary of case is pending.
R v Watkinson,
2001 ABCA 83 (CanLII), per Wittman JA (2:1)
AB CA Summary of case is pending.
R v Alain,
2001 CanLII 12757 (QC CA), per Gendreau JA
QC CA 2 years less a day CSO $200,000 "The accused used fraudulent entries in the books of two corporations to misappropriate more than $1.5 million in funds that should have been returned to investors. He pocketed $200,000 to which he had no right. He had no criminal record. The Court of Appeal of Quebec quashed a three-year custodial sentence imposed at trial, substituting a sentence of two years less one day to be served in the community. The Court emphasized that personal benefit was not the sole objective or greed the only motive. Moreover, the actions of the accused took place in the context of the implementation of a very real project on which he was greatly involved." [39]
R v Anderson-Davis,
2000 BCSC 42 (CanLII), per Boyle J
BC SC 18 month CSO $136,700 Summary of case is pending.
R v Saunders
(2000), 189 N.S.R.(2d) 126 (S.C.) 2000 CanLII 4612 (NSCC), per Davison J
NS SC 1 year CSO $115k 82 year old lawyer was executor of a will, money taken from estate, money used to stop forclosure of house, physical health issues, no pre-conviction repayment
R v Gross,
[2000] OJ No 3479(*no CanLII links)
ON SC 8 months CSO $297k offender was a lawyer who pled guilty to fraud x 5--over 5 months, offender defrauded 6 financial institutions--offender had 148 days remand credit
R v Millward,
[2000], AJ No 1371, 2000 ABCA 308 (CanLII), per Fraser JA
AB CA 20 months $352,080 The offender was insurance broker who committed fraud over 18 months. He had no prior record and suffered from health problems. The Court of Appeal agreed with the sentencing judge's decision to give little to no credit for remand in another country. They also overturned a 20 month conditional sentence.
R v Verville,
1999 CanLII 13272 (QC CA), per Thibeault JA
QC 1 year CSO with probation $186,488.88 "The accused stole from his own company, misappropriating $186,488.88 for his personal use. The Court of Appeal of Quebec quashed the one year custodial sentence and order for restitution, substituting a conditional sentence of one year with the obligation to perform 240 hours of community work. The Court took into consideration the fact that the accused had no criminal record and the method used was unsophisticated. It also noted that a conditional sentence is inappropriate where dishonesty is characterized by an abuse of a position of trust, which was not the case here."[40]
R v Ferguson,
[1999] NSJ No. 481(*no CanLII links)
NS 18 months CSO $390k account and office manager issues pay cheques to non-existent employees over 3 years
R v Ruhland,
1998 CanLII 6138 (ON CA), [1998] OJ No 781, per Finlayson JA
ON 2 years less a day accused was chairman and CEO; used firm as private bank
R v Hoy,
1998 CanLII 6024 (BC CA), per McEachern CJ
BC CA 3 years $370k The offender was a mutual fund salesman who defrauded 6 clients over an 18 month period. They had no prior record.
R v King, 1998 ABCA 17 (CanLII), per curiam AB CA 2 years less a day CSO $400,000 "Mr. King was convicted on two counts of fraud involving 12 victims in a total of 12 incidents, obtaining approximately $400,000.00 over a period of ten months. The Alberta court of Appeal substituted a sentence of two years less a day for a conditional sentence. The court referred to the magnitude of the fraud, the planning, the duration and the number of incidents. The victims were members of a farming community who relied on his reputation in the business community."
R v Dickhoff
(1998), 130 CCC (3d) 494 (Sask. C.A.), 1998 CanLII 12386 (SK CA), per Vancise JA
SK CA 2 years less a day ? offender was president of a trust company, over 4 years misled board of directors and made false notes on mortgages to get money for himself or companies he owned--position of trust--contributed to collapse of company--offender had no record, no remorse--appealed sentence of 5 years. "The accused was convicted of committing fraud while he was director of a trust company, when he took advantage of his position to borrow for himself and his companies without revealing his personal interest. The accused had no criminal record. The Court of Appeal reduced the custodial sentence from five to two years, relying on, among other things, the age of the accused, the fact that he had not profited from the frauds, and his exemplary conduct during his parole. He was, however, motivated by greed. His crimes were committed over a period of four years and involved a great deal of planning, in addition to the aggravating factor of abuse of a position of trust." [41]
R v Pierce,
1997 CanLII 3020 (ON CA), [1997] 32 O.R. (3d) 321 (ONCA), per Finlayson JA
ON CA 12 months $270,000 The offender was a female employee. She was well-educated. "The accused falsified data in the accounting books of the company for which she worked and defrauded the company of $270,000. The Court of Appeal for Ontario reduced the initial sentence of twenty-one months to a twelve-month custodial sentence, given the minimal risk of reoffending. It pointed out, however, that this was a significant fraud that required planning and dishonest methods, and that abuse of a position of trust must be denounced." [42]
R v Horvath
(1997), 117 CCC (3d) 110 (Sask. C.A.), 1997 CanLII 9759 (SKCA), per Bayda CJ
SK CA 2 years less a day CSO $200k bank branch manager defrauded bank to support gambling addiction--offender was 25 years old with two children in her care, no record, was remorseful and sought treatment--
R v Hill,
[1997] NSJ No. 97 aff'd at 1997 CanLII 1647 (NSCA), per Chipman JA
NS CA 12 mo $144k tax clerk working for university defrauded employer with fake invoices; only $16,000 recovered.
R v Kratky
1997 CanLII 936 (BC SC), per Curtis J
BC SC 18 month CSO $436,535 the offender was the bookkeeper for a dental clinic and over three and a half years defrauded the clinic--offender was 52 at the time of sentencing
R v King
(1997), 212 A.R. 44 (Alta. C.A.)(*no CanLII links)
AB CA 2 years less a day $413,000 The offender pleaded guilty to defrauding 12 people using his business. Sentencing Judge ordered a 2 year less a day conditional sentence. "The Court of Appeal varied the sentence to actual incarceration. Sentence not proportionate to gravity and seriousness of offence and did not sufficiently recognize principles of denunciation and specific and general deterrence. "
R v Gaetz
1992 CanLII 2509 (NS CA), per Chipman JA
NS CA 1 day and $6,000 fine $246,251.00 fraud by operator of vehicle dealership--had financing with bank for leased vehicles--did not pay it back--offender was age 45, no personal gain from offence
R v Flynn
(1991), 109 N.S.R.(2d) 354 (T.D.), [1991] NSJ No. 536, 1991 CanLII 4304 (NS SC), per Goodfellow J
NS SC 28 months $300,000 defrauded employer, no record, family support, potential for rehabilitation
R v Tucker
[1988] NSJ No. 33(*no CanLII links)
NS CA Summary of case is pending.
R v Hennigar
(1983), 58 NSR (2d) 110 (NSCA)(*no CanLII links)
NS CA 3 years $143,000 The offender was an investment adviser who defrauded 7 clients of a total exceeding $143,000. He was 36 years old at sentencing with a wife and 9 year old child. He expressed a desire to repay the victims. [Pace JA]

Fraud Between 5k and 100k (Sentencing Cases)

Fraud Over

See also: Fraud (Sentencing Cases)

50k to 100k

Case Name Pr Ct Sentence Amount Summary
R v Delgado, 2017 NSPC 74 (CanLII), per Hoskins J NS PC 2 years less a day CSO $80,000 She had a diagnosed gambling addiction.
R v LeRiche,
2018 NLSC 145 (CanLII), per Chaytor J
NL SC 5 months + 2ys probation $53,046.38 The offender was a volunteer treasurer of a minor hockey league. She wrote 35 cheques to herself or her fiance. She covered up her actions for two years. The offender was 42 years old and plead guilty.
R v Macynski,
2015 ONCJ 17 (CanLII), per Harris J
ON PC $86,000 6 months + 3 years probation "the 67-year-old offender was the treasurer of a church fund over which she had signing authority. She wrote cheques to herself over a three-year period totalling in excess of $86,000. She pled guilty to theft over $5,000. The court rejected a conditional sentence because of the breach of trust and sentenced the offender to 6 months’ incarceration followed by three years’ probation and ordered restitution. The offender claimed that she was financially burdened by her husband’s health concerns, but the court did not accept that as she continued to steal after her husband’s death. Aggravating factors included the breach of trust and the effect on the church."
R v Gibb,
2014 ONSC 5316 (CanLII), per Daley J
ON SC 2 years less a day CSO $100,000 Two offenders defrauded an unsophisticated married couple. Neither accused had a criminal record. $100,000 restitution order was made along with fines in the amount of $99,000 and $49,000.
R v Umenwoke,
2013 ONSC 4496 (CanLII), per Spies J
ON SC 20 months CSO $77,920 The offender was 63 years old with no record. He was in poor health. Judge also ordered 12 months probation.
R v Takeshita,
2013 ONSC 1385 (CanLII), per Spies J
ON SC 16 months + P $80k+ offender defrauded church
R v Husband,
2013 ABPC 67 (CanLII), per Redman J
AB PC 10 months $80,000 The offender was "a 44-year-old female was convicted of one count of breach of section 334(a). The theft involved almost $80,000 from her employer, a non-profit organization."[2]
R v Stuart,
2012 BCPC 327 (CanLII), per Challenger J
BC PC 12 months CSO $60,757.14 23 victims defrauded. Offender sold fake Olympic tickets online.
R v Wilson,
2012 NSPC 40 (CanLII), per Ross J
NS PC 9 months $60,999 The offender was an MLA in the provincial legislature and filed over 30 false expense claims over 4 years. He had a pathological gambling addiction.
R v Gonzalez-Urena,
2011 BCSC 406 (CanLII), per Willcock J
BC SC $71.5k offender stole a credit card from post office and used it to get money for gambling
R v Wentzell,
2011 NSSC 200 (CanLII), per Cacchione J
NS SC 6 months $69,245.51 over two years the offender created 2 false travel claims--offender was 46 years old, prior record for arson
R v Satkunarajah,
2011 ABPC 385 (CanLII), per Barley J
AB PC 9 months 93.5k defraud bank; guilty plea; no record; low loss
R v Salikin,
2011 SKPC 179 (CanLII), per Gordon J
SK PC 18 months CSO 65k fraud of employer
R v Kohuch,
2011 ONCJ 620 (CanLII), per Greene J
ON PC 18 months CSO $62,765.00 The accused was treasurer of a non-profit sports league. The offence was a breach of trust. He suffered from biopolar disorder which played a role in the offence. Full restitution had been made. The judge also ordered 12 months probation. Crown sought a 6 month sentence.
R v Skorobohach,
2011 BCPC 303 (CanLII), per Bennett J
BC PC 3 years 96k mail confidence scheme targetting senior citizens, defraud over several years
R v Lee,
2011 NSPC 81 (CanLII), per Derrick J
NS PC 10 months $67k over 1 year stole 23 deposits, conviction at trial,
R v Cassettari,
2010 BCPC 139 (CanLII), per Kitchen J
BC PC 2 years less a day CSO $60,000 Summary of case is pending.
R v South,
2009 MBPC 12 (CanLII), per Sandhu J
MB PC 15 months $64k Summary of case is pending.
R v Anderson,
2009 NLTD 143 (CanLII), per Dymond J
NL SC 15 months $89,474.34 The accused pleaded guilty to charges of fraud and breach of trust. Former member of the House of Assembly and Minister in the Newfoundland and Labrador government, he admitted to forging expense accounts and claiming reimbursement for inflated expenses. He was 49 years old. For a fraud of $89,474.34, the Court ordered him to serve fifteen months’ imprisonment and to make full restitution. It also sentenced him to nine concurrent months on the charge of breach of trust." [43]
R v Bodnarchuk,
2008 BCCA 39 (CanLII), per Levine JA
BC CA 12 to 18 months $64k company owner defrauded investors for start-up project--breach of trust
R v Bavarsad,
2008 BCCA 137 (CanLII), per Finch CJ
BC CA 12 months CSO $87,445 Summary of case is pending.
R v Upton,
2008 NSSC 360 (CanLII), per Beveridge J
NS SC 3 years $45,353.20 42 victims
R v Alakija,
2007 ABPC 234 (CanLII), per Bascom J
AB PC 18 months CSO $58,829.93 stole 49 deposits from employer over < 3 months, confessed, gambling addiction
R v Pechterski,
2007 ONCJ 533 (CanLII)
ON PC 2 months CSO $53,300 guilty of two counts fraud, five counts possession of credit card forgery machines. Offender participated in relatively sophisticated ATM skimming fraud of over 150 accounts. Offender was 41 years old with no record. 5 days pre-trial custody.
R v Arseneau, 2006 QCCQ 278 (CanLII), per Lortie J QC PC 26 months $91,000 "The Court ordered the accused to serve a sentence of imprisonment of twenty-six months on each count of fraud, which amounted to a total of $91,000. The accused was an accounting secretary when, over a three-year period, she appropriated $50,000 from the company for which she worked and $41,000 from a curling club for which she was secretary. Despite her lack of criminal record and her guilty plea, the judge took into account the nature and extent of the fraud, the duration of the fraud, the amounts involved, and the fact that reimbursement was impossible. The underlying motivation remained greed, and the fact that there was abuse of a position of trust was also taken into consideration." [44]
R v Deutsch,
[2005] OJ No 5542, 2005 CanLII 47598 (ONCA), per Moldaver JA
ON CA 4 years $54k Summary of case is pending.
R v McKinnon,
2005 ABCA 8 (CanLII), per Côté JA
AB CA 12 months $61,000 The offender plead guilty to fraud while acting as a bookkeeper. She had a prior prior related record.
R v Reshke,
2004 ABQB 418 (CanLII), per Moreau J
AB SC 9 months $125,000 Over a period of roughly 5 years the accused defrauded his employer, the provincial government of funds. He held one of the highest unelected positions in the government. He was partially motivated by a gambling addiction. He also had an alcohol problem.
R v Williams,
[2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.), per curiam
ON CA 90 days + fine ? offender was senior manager in a position of trust, hired girlfriend without any authority to do so
R v Hayes,
OJ No 4590 (Ont. C.A.)(*no CanLII links)
ON CA 18 month CSO $97006 and $29,994 Summary of case is pending.
R v Inglis,
2002 BCPC 242 (CanLII), per Brecknell J
BC PC 18 months CSO $78,738.92 employee defrauded bank employer over 2 years
R v Mastromonaco,
[2002] OJ No 4612(*no CanLII links)
ON SC 21 months $70k offender convinced an elderly couple to invest money in financing scheme--position of trust--offender was 51 years old with dated unrelated record, denied responsibility
R v Desormeau,
[2001] N.J. No. 341 (S.C.–T.D.)(*no CanLII links)
NL SC 8 months $70k captain in armed forced directed soldiers to submit blank travel claims, some money given to soldiers--offender was in forces 20 years, no record--breach of trust, public monies
R v Bunn,
2000 SCC 9 (CanLII), [2000] 1 SCR 183, per Lamer CJ
SCC 2 years less a day $86,000 "The accused, a lawyer, defrauded some of his clients of $86,000, which he took from his trust account. First, the Court of Appeal of Manitoba quashed the two-year custodial sentence imposed at trial and ordered a conditional sentence of two years less one day, which was upheld by the Supreme Court. The accused had no criminal record. Three minority judges stated that ordering a conditional sentence excessively reduced the harshness of the sentence when it was important to insist on denunciation and general deterrence." [45]
R v Murdock,
[1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA) (*no CanLII links)
NS CA 2 years ”substantial” amount offender ran company selling commodity options that were misleading--appeal from $5,000 + probation

50k and less

Case Name Pr Ct Sentence Amount Summary
R v Blumenthal,
2019 NSSC 35 (CanLII)
NS SC 2 years ~$33k The offender was a used car saleman.
R v Burton,
2012 PECA 2 (CanLII), per Jenkins CJ
PEI SC 4 months $8,000 - $10,000 The offender was a manager of a provincial sports team. He defrauded the government of PEI. She had no prior record. The judge found that a conditional sentence was not available he also ordered $4,000 in restitution.
R v Kassam,
2017 ONSC 74 (CanLII), per Boswell J
ON SC 3 years Summary of case is pending.
R v Gliddon,
2017 ABPC 38 (CanLII), per Fradsham J
AB PC 2 years $22, 493 Summary of case is pending.
R v Taverner,
2017 ONCJ 469 (CanLII), per Bourgeois J
ON PC 12 months $47,045.41 Summary of case is pending.
R v Biletsky,
2016 ABPC 261 (CanLII), per Barley J
AB PC 12 months $17,797.50 "... a 42-year-old married father of two children, was in an executive position of a non-profit community association. He drafted six fraudulent cheques to himself. He was convicted of defrauding the association of over $17,000 contrary to section 380(1)(a) of the Code. The court rejected an intermittent sentence which would have allowed Mr. Biletsky to work at a new job and pay restitution. A sentence of 12 months’ imprisonment was imposed along with a restitution order."[3]
R v Drummond,
2016 CanLII 22609 (NL SCTD), per Goodridge J
NL SC 3 months + 12 months probation $25k (Approx) The offender gave bad cheques to a property owner as rent for a residence. He was retired with wife and three young children.
R v Bernard,
2015 BCPC 107 (CanLII), per MacGregor J
BC PC 4 years over 10,000 Summary of case is pending.
R v Elmadani,
2015 NSPC 65 (CanLII), per Derrick J
NS PC 12 months $22,700 The offender pleaded guilty to fraud over 5k. He had falsely claimed commission income from his employer over 7 months. He had a recent prior record for fraud.
R v Lam,
2014 ABPC 90 (CanLII), per Lamoureux J
AB PC 12 months CSO $44k The offender defrauded employer, the Calgary Stampede Casino. He made full restitution, undertook counselling, and was remorseful. "The accused was a 56-year-old immigration consultant convicted of theft and fraud in the amount of $256,250. He had no criminal record. The Court of Appeal of British Columbia upheld the twelve-month sentence of imprisonment imposed by the trial judge. There was no order for reimbursement in this case." [46]
R v Dufour,
2014 QCCQ 9885 (CanLII), per Hudon J
QC 16 months CSO $30,877 "Over a two-year period, the accused defrauded her employer of $30,877 while working as a receptionist in a denturology clinic. She pleaded guilty, expressed regret, cooperated with the investigation, and displayed a willingness to undertake different types of therapy. Taking into account her abuse of a position of trust, the duration and amount of the fraud, the planned and repeated acts, and the lack of reimbursement, the Court imposed a sixteen-month sentence to be served in the community." [47]
R v Steward,
2014 ABCA 125 (CanLII), per curiam
AB CA 12 months $10,000 Summary of case is pending.
R v Cook,
2013 ABPC 6 (CanLII), per Semenuk J
AB PC 6 months $7,500 The offender solicited charitable donations from people my misrepresenting himself as being a cancer patient.
R v Bullock,
2013 ABCA 44 (CanLII), per Berger JA (2:1)
AB CA 8 months $12,305 The offender forged her name on numerous cheques. Joint recommendation.
R v MacDonald,
2013 ONSC 4872 (CanLII), per Mulligan J
ON SC 6 months $45,700 The offender was convicted after trial. He deceived an acquaintance by selling him shares in a company he did not own. He was 45 years old with a prior related record. He had no remorse.
R v Johal,
2012 BCPC 133 (CanLII), per Chen J
BC PC 9 months $6,000 Summary of case is pending.
R v Hurlburt,
2012 NSSC 291 (CanLII), per MacAdam J
NS SC 2 years less a day CSO $24,000 The offender pleaded guilty to fraud over $5,000. He was a MLA in the provincial legislature and used his position to file false expense claims. "When he was a member of the Nova Scotia Legislative Assembly, the accused submitted four fraudulent claims over a period of two years. He pleaded guilty and the amount of the fraud was reimbursed. On the charges of fraud of $25,320.77 and breach of trust, the judge sentenced him to twelve months to be served in the community and twelve months’ probation." [48]
R v McGrath,
2012 CanLII 67732 (NL SCTD), per Halley J
NL SC 7 months $38,356.60 offender defrauded the Brain injury Association over 51 transactions over a year.
R v Lavigne,
2011 ONSC 2938 (CanLII), per R Smith J
ON SC 6 months $23,000 Offender was a canadian senator who filed false expenses--judge said media exposure was a neutral factor--also convicted of breach of trust (6 month CSO)
R v O’Brien,
2010 ONCJ 101 (CanLII), per Harris J
ON PC 90 days (fraud)
2 years less a day CSO (related offences)
$31,892.29 The offender was employed in a senior's home and defrauded the senior tenants. She was in a position of trust. She was 27 years old with no prior record.
R v Everitt,
2010 YKTC 91 (CanLII), per Lilles J
YK SC 12 months CSO $38,300 "When the accused was mayor of Dawson, Yukon, he misappropriated $38,300 over a period of eight years by submitting forged expense reports. He pleaded guilty to a charge of breach of trust, expressed remorse, and was suffering from health problems. The Court sentenced him to serve twelve months’ imprisonment to be served in the community and twelve months’ probation, also ordering him to pay full restitution." [49]
R v Rockett,
2009 PECA 7 (CanLII), per Murphy JA
PE CA 60 months $18,000 Summary of case is pending.
R v Keller,
2009 ABCA 418 (CanLII), per Hunt JA
AB CA 90 days $6k CSO overturned
R v Fayemi,
2009 BCPC 123 (CanLII), per Howard J
BC PC Suspended Sentence $15,000 Summary of case is pending.
R v Upton,
2008 NSSC 360 (CanLII), per Beveridge J
NS SC 3 years $45,353.20 42 victims
R v Harvey,
2006 BCPC 444 (CanLII), per Chapman J
BC PC 12 months CSO $13,838.60 "The mayor of the municipality of Vernon, British Columbia, pleaded guilty to breach of trust for using public funds to pay his personal expenses. The amount of the losses amounted to $13,838.60. The Court sentenced him to serve twelve months in the community along with one year of probation and to make restitution in the amount of $8588.60. He did not have a criminal record, recognized his wrongdoing, expressed remorse, and had himself paid damages of $5,250 to the city."[50]
R v Fitzpatrick,
2005 BCCA 314 (CanLII), per Newbury JA
BC CA 6 months $30,000 false debit purchases
R v Davies,
2005 CanLII 63757 (ON CA), per Blair JA
ON CA 12 months less a day (trust)
12 months CSO (fraud)
$48,355.00 Summary of case is pending.
R v Bradbury,
2004 NLCA 82 (CanLII), per Roberts JA
NL CA 12 months CSO $66,070 The offender was convicted at trial of two counts of fraud. He was an employee at a bingo hall and over 40 months misappropriated $66,070. The offence was "sophisticated" involved multiple acts of deception over a long period of time. The offence was a breach of trust. He was 50 years old with no prior record. He had no remorse. Court of appeal overturned a 12 month jail sentence.
R v Kirk,
2004 CanLII 7197 (ON CA), per Charron and Lang JJA
ON CA 12 months CSO $42,000. "The accused, a construction contractor, defrauded some of his clients of $42,000. The Court of Appeal for Ontario overturned a trial judgment imposing nine months’ detention, stating that there had been no abuse of a position of trust and that he presented no risk of reoffending. The accused had no criminal record. The Court substituted the sentence with a twelve-month conditional sentence, but upheld the restitution order of $42,000." [51]
R v Hewitt,
2004 NLSCTD 65 (CanLII), per Handrigan J
NL SC 9 month CSO + 2 years probation $30,132.09 The offender pleaded guilty to theft over 5k and fraud over 5k and 43 counts of uttering forged documents. She was a municipal clerk for the Town of Point May and in a position of trust. She forged cheques over 21 months. The offence was moderately sophisticated. She was a 39 year old mother of four young children with no prior record. [per Handrigan J]
R v Pottie,
2003 NSSC 263 (CanLII), per Wright J
NS SC 18 months CSO $46,475 secretary of hockey council, defrauded over several years, offender was 58 years old with heart problems--full restitution ordered
R v Williams,
[2003] O.J. NO. 2202, 2003 CanLII 9650 (C.A.), per curiam
ON CA 90 days + fine ? offender was senior manager in a position of trust, hired girlfriend without any authority to do so
R v Macdonald,
2001 NSCA 26 (CanLII), [2001] NSJ No. 51 (C.A.), per Cromwell JA
NS CA probation (JR) $32k falsified 3 years of overtime--restitution--victim was agreeable with resolution
R v Zenovitch,
2001 YKSC 52 (CanLII), [2001] YJ No 105 (SC), per Veale J
YC SC 20 months CSO $37k offender was a bookkeeper who defrauded her employer, a small business--offender was 42 years old, single mother and primary caregiver of an 11 year old boy--breach of trust
R v Decoff,
2000 NSJ No. 224 (S.C.)(*no CanLII links)
NS SC 18 month CSO $44,000 over 8 months, deposit manager took money, disabled spouse and young child
R v Berntson
2000 SKCA 47 (CanLII), per Tallis JA (2:1)
SK CA 1 year $40k Saskatchewan MLA; false expense accounts. "The Court of Appeal for Saskatchewan upheld a sentence of twelve months’ imprisonment for an accused who was a member of the Legislative Assembly of that province. He faced a charge of fraud and breach of trust in the amount of $41,535. The crime consisted of false requests for reimbursement, where he claimed expenses for secretarial services provided by his former spouse, his current wife, and his children. He had made full restitution."
R v Adler
1999 CanLII 9438 (NB CA), per curiam
NB CA 8 months CSO $27,890 and $1,650 Summary of case is pending.
R v MacEachern,
1999 CanLII 7062 (PE SCAD), [1999] P.E.I.J. No. 85 (C.A.), 1999 CanLII 7062 (PE SCAD), per Mitchell JA
PEI CA 15 months CSO $25k offender was deputy minister of agriculture, over 3.5 year period stole from government--offender was 65 years old, with prior related record from 1989

15 months conditional – Deputy Minister defrauded the government of $25,000-- in a position of trust. "The accused misappropriated $25,000 over three years while he was Deputy Minister of Agriculture for Prince Edward Island. On the charges of fraud and breach of trust, the Court of Appeal of that province increased the initial sentence of twelve months plus eight months’ probation imposed at trial to fifteen months to be served in the community and ordered him to make restitution of $25,000. The accused had a criminal record in similar matters."[52]

R v Quinlan
1999 CanLII 18952 (NL CA), (1999), 133 CCC (3d) 501 (Nfld. C.A.), 1999 CanLII 18952 (NL CA), per Marshall JA
NL CA 6 month CSO (JR) $12k offender defrauded two employers to support cocaine addiction--offender was 29 years old, married, with a child, with a previous conviction for theft--able to make gradual restitution payments
R v . Oliver,
1997 CanLII 14658 (NL CA), [1997] N.J. No. 248 (C.A.), per Cameron JA
NL CA 7 months CSO $27,614 bank clerk defrauded employer over 2 years--lost job as a result--
R v Hiltz,
1989 CanLII 165 (NSCA), per Macdonald JA
NS CA 3 months (time served) $5,784.70 Summary of case is pending.
R v Murdock,
[1980] NSJ No. 510, (1980), 42 N.S.R.(2d) 90 (CA)(*no CanLII links)
NS CA 2 years ”substantial” amount offender ran company selling commodity options that were misleading--appeal from $5,000 + probation

Fraud Over $500,000 (Sentencing Cases)

Fraud Over

See also: Fraud (Sentencing Cases)

1 million or more

Case Name Pr Ct Sentence Amount Summary
R v Pavao,
2018 ONSC 4889 (CanLII), per Molloy J
ON SC 5 years $1.1 million
R v Colpitts, 2018 NSSC 180 (CanLII), per Coady J NS SC 5 years (Potter)
4.5 years (Colpitts)
roughly $13 million The offenders were convicted after a lengthy trial conspiracy to manipulate market price shares and public market fraud.
R v Watson,
2017 ONCA 346 (CanLII), per curiam
ON CA 5 years over $1 million The offender was a police officer who engaged in an organized fraud scheme where false motor vehicle accident claims were made that resulted in insurers paying out claims.
R v Pastore,
2017 ONCA 487 (CanLII), per curiam
ON CA 15 months $1 million loan, $409,000 in losses
R v Sponagle,
2017 NSPC 23 (CanLII), per Derrick J
NS PC time served (3+ years) A joint recommendation. Crown agrees to remand credit of 3 years, 4 months.
R v Dhanaswar,
2016 ONCA 172 (CanLII), per curiam
ON CA 6 years $2,372,702 The offender was convicted of two counts of fraud. The offender and her husband made representations to investors of large returns on small investments. Both the offender and her husband held management positions in the companies involved.
R v Clarke,
2016 NSSC 101 (CanLII), per Campbell J
NS SC 3 years millions A joint recommendation.
R v McGill,
2016 ONCA 139 (CanLII), per curiam
ON CA 4 years $3.4 million The offender was convicted at a jury trial of 23 counts of fraud over $5,000. He was a mortgage broker in Sarnia Ont. Over several years he was a party to a ponzi scheme amount to a total of more than 3.4 million dollars. McGill was a lesser player to the The Court overturned a 23 month conditional sentence and replaced it with a . There were 22 victims. There was a breach of trust. It was motivated only be greed. Baron, who was sentenced to 6 years, received the majority of the profits from the scheme.
R v Vinski,
2014 ONSC 2332 (CanLII), per Durno J
ON SC 4.5 years $3 million The offender pleaded guilty to fraud. He was a general manager for a credit union and took out 27 fake mortgage accounts over 7 years. The fraud caused the union to collapse. He had no record and some health issues. No restitution had been paid.
R v Bailey,
2014 ABPC 223 (CanLII), per Fradsham J
AB PC 9 years $30-40 million
R v Fast,
2014 SKQB 161 (CanLII), per Danyliuk J and 2015 SKCA 56 (CanLII)
SK CA 7 years $16.7 million One of biggest fraud's in Saskatchewan's history. "Ronald Fast ran a Ponzi scheme that ultimately resulted in a $16.7 million fraud on nearly 250 primarily elderly people in his community. His daughter, whom he involved in the scheme, was also charged and convicted." Mr Fast was 71 years of age with physical and mental health problems.
R v Fung, 2014 ONCJ 492 (CanLII), per Lipson J ON PC 17 months $1.7 million The offender pleaded guilty to defrauding the bank. She paid back full restitution. She suffered from major depression.
R v Abedi, 2012 ONCJ 540 (CanLII), per Borenstein J ON PC 2 years less a day CSO $14 million The offender pleaded guilty to fraud. The offender was personally responsible for $850k of the total losses. He paid $50k in restitution. He was 45 years old with no criminal record. He was remorseful.
R v Oneil,
2013 ABCA 192 (CanLII), per Rowbotham JA
AB CA 5 years $3.6 million defrauded over 40,000+ tourists of their tax rebates over 7 years.
R v Seremet,
2013 ABQB 291 (CanLII), per Macklin J
AB SC 4 years $3.6 million Over $3 million recovered. Offender was involved in an "oklahoma flip" scheme of artificially inflating house value.
R v Shaha,
[2013] OJ No 3370(*no CanLII links)
ON 66 months $2.2 million "...the offender defrauded 20 victims of a total of $2.2 million. He was sentenced to 66 months in prison. The circumstances of the victims and the consequences they suffered as a result of the fraud bear many similarities to Mr. Pavao’s victims. However, there were more of them and the total amount of the fraud was also greater. Some of the circumstances of Mr. Shah’s fraud were more aggravating. For example, some of these frauds were perpetrated after he had been arrested and charged with another fraud and for some of the frauds he misrepresented himself as a lawyer. In that sense, his crimes were deserving of a harsher sentence than would be appropriate for Mr. Pavao. However, Mr. Shah pleaded guilty, which was mitigating." [53]
R v Link,
2013 SKQB 163 (CanLII), per Ball J
SK SC 5.5 years $1.7 million Occurred over 6 years. "The offender was guilty of two counts of fraud. Over $1.7 million was taken over a period of six years. Numerous elaborate steps were required to conceal the fraud and keep the enterprise going for that time. At least 56 victims were adversely affected. To the offender’s knowledge, some of the victims were vulnerable without much money to lose. Many were unsophisticated. They trusted the offender. He used his status in the community as a means of perpetrating and continuing the fraud. There are a number of similarities to the case at bar. Justice Ball sentenced Mr. Link to a penitentiary term of five and one‑half years." [54]
R v Paterson,
2013 BCPC 5 (CanLII), per Dhillon J
BC PC 6 years $300 million The offender was as hospital administrator who defrauded the organization by filing false expenses and collected undeserved benefits.
R v Steinhubl,
2013 ABCA 39 (CanLII), per curiam
AB CA
R v Kilba,
2012 ABPC 302 (CanLII), per Van de Veen J
AB PC 30 months $1.47 million fraudulent mortgages
R v Khatchatourou and Rezik,
2012 ONSC 3511 (CanLII), per O’Marra J
ON SC 4 years $1.1 million The two offenders pleaded guilty to 10 counts of fraud. They stole the identities of recently arrived immigrants to take out 27 mortgages on 11 properties from CMHC over 7 years. They were not in a position of trust. The two offenders were in a relationship. Khatchatourou was 23 years at the start of the offence and had ties to the local church. Rezik was a single mother and was attending university. Neither showed any remorse. The sentencing judge ordered 4 years and $423k in fines-in-lieu of forfeiture. Appealed to 2014 ONCA 464 (CanLII).
R v Mazzucco,
2012 ONCJ 333 (CanLII), per Clark J
ON PC 6 years $4.9 million the offender conducted a lengthy Ponzi scheme. He made several attempts to reimburse some investors. He plead guilty at trial.
R v Cunsolo,
2012 ONSC 114 (CanLII), per Hill J
ON SC 18 months $3.8 million+ mortgage fraud; restitution of 250k ordered
R v Banks,
2010 ONCJ 339 (CanLII), per West J
ON PC 4 years $1.4 million "The offender ... was an investment adviser who defrauded his victims of approximately $1.4 million. The majority of the victims were elderly retirees who relied upon the interest from their investments to supplement their retirement income. Some of them lost their entire life savings. Mr. Banks was 51 years old, had numerous character references, and no prior criminal record. He pleaded guilty. Mr. Banks was sentenced to four years imprisonment. Mr. Pavao’s personal circumstances are similar, as are his crimes, but he does not have the advantage of the mitigating impact of a guilty plea." [55]
R v Johnson,
2010 ABQB 546 (CanLII), per Sullivan J
AB SC 13 years $2.4 million ponzi scheme involved 50 investors. "The offender ran a Ponzi scheme that defrauded over 50 investors of some $2.43 million. Half of those victims were members of his church. Many victims suffered financial, psychological, emotional and physical harm. The offender did not stop on his own volition. The trial judge sentenced him to 13 years, which was reduced to 10 years on appeal." [56]
R v Thow,
2010 BCCA 538 (CanLII), per Low JA
BC CA 7 and 9 years $10 million The offenders defrauded victims of $10 million with $8 million in losses. The money was used to fund expensive lifestyle. Upheld decision of 2010 BCPC 378. "The accused entered guilty pleas to 20 counts of fraud, which occurred over a 2½‑year period on an international scale. The deprivation was some $10.2 million. Victims included friends and family. The offender was said to have operated without a conscience. The victims spoke of how life savings were lost and the devastation the fraud caused. On counts prior to September 2004, the sentence was seven years; after that date, nine years." [57]
R v Chamczuk,
2010 ABCA 380 (CanLII), per curiam
AB CA
R v Jones,
2010 QCCQ 851 (CanLII) , per Morin J
QC PC 11 years $50 million Offence occurred over 27 years.
R v Georgakopoulos,
2009 CanLII 43 (ON SC), per McCombs J
ON SC 2 years less a day CSO $1.6 million
R v Fontaine,
2009 MBQB 165 (CanLII), per Schulman J
MB SC 3 years
R v Lacroix,
[2009] Q.J. No. 10890, 2009 QCCS 4519 (CanLII), per Wagner J
QC 13 years $95 million The offence occurred over a period of 3 years. There were about 9,200 investors who were defrauded. HE plead guilty on the eve of his jury trial to 200 counts.
R v Drabinsky,
2009 CanLII 41220 (ON SC), per Benotto J
ON SC 4 and 7 years $100 million+ (est)
R v DiGiuseppe,
2008 ONCJ 127 (CanLII), per Tetley J
ON PC 6 years $3.8 million "By manipulating his books for two corporations, the accused defrauded Revenue Canada of an amount exceeding $3.5 million. The offender was 61, with two adult daughters who (with their spouses) were also involved with the businesses. The offender had no criminal record and had some health problems, both physical and psychological. The Crown sought six years, citing as aggravating factors the breach of trust, the amount of the fraud, the need for denunciation and deterrence, the lack of remorse, the multiple levels of dishonesty involved, the degree of sophistication and planning, the length of the fraud, the use of “front men” and the failure to voluntarily terminate the criminal activity. Defence sought a sentence in the range of three years. The court determined the appropriate sentence to be six years’ imprisonment plus a fine of $2 million to be appropriate." [58]
R v Wilder,
2008 BCCA 370 (CanLII), per Levine JA
BC CA 9 years $38 million "The offender was convicted of seven counts of fraud and one count of possessing the proceeds of crime. The fraud dealt with false tax credits, and the victim was the Canadian government, which lost $38 million. A sentence of nine years imprisonment and a restitution order for $5 million was upheld on appeal. While the sentence was seen as high, it was held not to be outside the range or demonstrably unfit." [59]
R v Charbonneau,
2008 QCCQ 251 (CanLII), per Bonin J
QC 7 years $14 million "There are some markedly similar features to those in the case at bar. The offender was convicted of 119 counts of fraud totalling almost $14 million. He had set up a corporation which in turn set up “investment clubs” to gather funds to start an insurance company. It was a Ponzi scheme, in the form of a promissory note fraud, which ran for several years. He misrepresented facts to investors. When the scheme came to light, a proposal was made to the creditors, which was rejected and the companies then went bankrupt. The investors had no guarantee or protection and lost their money. A pre‑sentence report was not positive for the offender. He received a sentence of seven years, concurrent on each count." [60]
R v Ellis,
2008 ABQB 40 (CanLII), per Verville J
AB SC 5 years $2 million (approx)
R v Taylor
2008 BCPC 120 (CanLII), per Giardini J
BC PC 42 months (JR) 3.2 million (approx)
R v Penney
2008 ABPC 339 (CanLII), per Allen J
AB PC 1.1 million The offender plead guilty to an fraudulent investment scheme where he had 20 people invest in him. He was in a position of trust. A "$1.1 M fraud wherein the court found that many of the victims included those in a trust relationship. Mr. Penney also had one prior fraud convictions with a short sentences (9 months and 3 years probation) which according to Judge Allen, at para 47 “did little to curb his fraudulent activity”. Mr. Penney however did plead guilty and cooperated with the authorities - this was a significant mitigating factor. He was sentenced to 6 yrs (and would have been sentenced to 8 yrs had there not been a guilty plea)."
R v McCarthy
2008 CanLII 68887 (ON SC), per Thorburn J
ON SC 2 years less a day CSO $3 million
R v Allan
2008 CanLII 35699 (ON SC), per GP Smith J
ON SC 3 years $1.2 million "The Court sentenced the accused to thirty-six months’ detention for crimes of fraud and breach of trust. She was an administrator for the Ontario Works Program, which sought to distribute assistance to clients in need who were living on the Aboriginal reserve. She created client files with false documents, reactivated terminated files, and then approved the issuing of cheques, which she cashed herself. The fraud amounted to $1,285,000. This sentence was imposed despite the fact that the accused had no criminal record, pleaded guilty, and cooperated with the police officers. No restitution was possible in her case. The accused occupied a high position of trust and defrauded the government for her own financial interest and that of her family. The fraud extended over a long period of time and involved a high degree of planning and sophistication." [61]
R v Wilson
2008 NSPC 68 (CanLII), per Ross J
NS PC 26 months $1.8 million The offender pled guilty to defrauding a bank over a period of 1 month for a total exceeding $1.8 million. He ran an auto dealership and misrepresented his inventory. The offender was not in a position of trust.
R v Minnie and Shaw
2007 BCSC 433 (CanLII), per Pitfield J
BC SC 5 years and 2 years less a day CSO $1.8 million several victims
R v Ablacksingh
2007 CanLII 688 (CanLII), per Gans J
ON SC 4 years $8 million
R v Leefe
[2007] OJ No 3461(*no CanLII links)
ON SC 18 months CSO + fine (JR) $7 million

The offender was the operator of a telemarketing company, had a sophisticated operation over 7 years with profits of approx $7 million. Guilty of fraud over, possession of proceeds of crime. Fine for $1.5 million.

R v Coffin,
2006 QCCA 471 (CanLII), per curiam
QC CA 18 months $1,556,625 The accused pleaded guilty to fifteen counts of fraud against the Government of Canada for a total of $1,556,625. He occupied a privileged position and his acts were premeditated. The Court of Appeal of Quebec sentenced him to eighteen months’ imprisonment, overturning the trial judgment imposing a conditional sentence of two years less one day of imprisonment, even though he had reimbursed $1 million."[62]
R v
Heiligsetzer, 2006 ABCA 2 (CanLII), per Côté JA
AB CA 7 years $1.5 million A "$1.5 M trust fraud - an “economic predator” with many victims - but this was a first offence and there was a guilty plea - Judge Stephenson suggested that 3 years was the starting point for trust fraud (this has been reconsidered by our Court of Appeal however as noted in Johnson) - the 7 yrs sentence imposed by the trial judge was upheld on appeal"
R v Campbell,
[2005] OJ No 4696 (OCJ)(*no CanLII links)
ON PC CSO $1 million defrauded his elderly clients; special circumstances; accused was 65 years old; no criminal record; was in a hypomanic state at time of the offence.
R v PT,
2005 BCPC 55 (CanLII), per Warren J
BC PC 3 years $3 million The offender was a 60-year-old bank manager who stole millions over a 10 year period. Only $100,000 was recovered. Court of Appeal upheld the sentence.
R v Slobogian
2005 BCSC 434 (CanLII), per Fraser J
BC SC 6 years one of biggest frauds in history of BC
R v Fortier,
2004 BCPC 189 (CanLII), per Phillips J
BC PC 2.5 years $1 million (approx) defraud investors -- offender was under direction of manager to defraud
R v D'Andrea,
2004 CanLII 13522 (ON CA), per curiam
ON CA 2 years less $2 million
R v Clarke, 2004 CanLII 7246 (ON CA), per curiam ON CA 3.5 years $20 million (but no actual loss) The offender was a bank employee who made a series of redemptions from client mutual funds. The sentencing judge ordered a 2 years less a day conditional sentence. Court of appeal ordered only 1 additional year after giving credit for time already served.
R v Black,
2003 NSSC 99 (CanLII), per Murphy J
NS SC 2 years $1 million offender diverted money from bank and provincial agency ACOA and ABN to company--no evidence of personal gain--offender was 61 years old with no record and good background--CSO not meet objectives of sentencing
R v Khan,
2002 BCCA 703 (CanLII), per Esson JA
BC CA 2 years less a day to 3 years $2.2 million Two offenders were convicted of fraud. "...the accused Khan planned and carried out a large scale fraud over a period of 14 months. This crime had a serious effect on his employer and a number of investors. A co-accused of Khan who had somewhat less involvement in the scheme was sentenced to two years less a day. The appellant Khan was sentenced to three years imprisonment. Both individuals appealed. The co-accused argued that he should have been given a conditional sentence. Khan argued his sentence should not be different from his co-accused. Both appeals were dismissed. The Court said that the differential in sentence was justified because Khan was more deeply involved in the fraud than was his co-accused. It was found the sentence imposed on Khan was fit." [63]
R v Dobis,
2002 CanLII 32815 (ON CA), per MacPherson JA
ON CA 3 years $2.2 million The offender pleaded guilty defrauding his employer over 3.5 years. He was an account manager. He had no record and had limited job prospects. The sentencing judge gave him a conditional sentence. Court of appeal considered 3 years a "minimum" sentence. "The accused, an accounting manager, defrauded the company for which he worked of $1.9 million. Although he had no criminal record, the Court of Appeal for Ontario overturned a sentence of two years less a day to be served in the community that had been imposed at trial, ordering instead a custodial sentence of three years in a penitentiary because the case involved fraud of considerable magnitude committed by a person in a position of trust." [64]
R v Loewen,
[2002] M.J. No. 298 (Man. P.C.), 2002 CanLII 37336 (MB PC), per Wyant J
MB PC 2 years less a day CSO 1.5 million "Mr. Loewen entered a plea of guilty to one count of fraud. He ... [was] carrying out a short-lived and not highly sophisticated cheque-kiting scheme that netted him $1.5 million."
R v Massoudinia,
[2002] OJ No 5504 (S.C.J.)(*no CanLII links)
ON $2 million offender defrauded approximately 1400 people by seeking fees for a fake modeling agency. Guilty plea, remorseful, attempted restitution
R v Tulloch,
[2002] OJ No 5446 (Ont. S.C.J.)(*no CanLII links)
ON SC 2 years less a days CSO $6.2 million "Mr. Tulloch entered a plea of guilty to a charge of conspiracy to defraud. He received a conditional sentence of two years less a day for claiming GST refunds of $6.2 million over an eight-month period by filing false equipment purchase invoices."
R v Damji,
[2002] OJ No 4949(*no CanLII links)
ON 7 years $40 million
R v Koval,
[2001] OJ 1205(*no CanLII links)
ON 7 years $95 million There were $75 million in actual losses. The money was used to fund a lavish lifestyle.
R v Wheeler,
[2001] N.J. No. 240 (S.C.–T.D.), 2001 CanLII 37646 (NL SC), per Dymond J/ http://canlii.ca/t/2f11j 2001 CanLII 37651] (NL SC), per Dymond J
NL SC 4.5 years $3 million offender ran investment scheme promising huge returns--100s of victims--offender had three children, no record--lost business as a result
R v Nichols,
2001 CanLII 5680, 46 C.R. (5th) 294 (Ont. C.A.), per Laskin JA
ON CA 5 years $1 million + offender was a telemarketer who convinced a 82 year old to send him over 1 million dollars as the tax on a $13 million lottery winning--$800k was recovered--offender was 29 with no record.
R v Bjellebo,
[2000] OJ No 478 (Gen. Div.); [2003] OJ No 3946 (C.A.), 2003 CanLII 26907 (ON CA), per Sharpe JA
ON CA 10 years $118 million + Offender set up a yacht chartering company making many misrepresentations. The fraud involved a breach of trust against the government. There were $22 million in actual losses. "This was a huge fraud, one of the largest tax frauds ever in Canada. The government may have lost up to $118 million. Over 600 private investors lost $22 million. The fraud was perpetrated over seven years. This accused was sentenced to ten years’ imprisonment plus a $1 million fine which, if unpaid, would default to an additional two years (consecutive)." [65]
R v Cantin,
[2000] No 3630, 2000 CanLII 17638 (QC CQ), per Auger J, 2000 CanLII 5795 (QC CQ), per Auger J
6 years $100 million The offence occurred over 4 years. A restitution order for $1 million was made.
R v Gaudet ,
1998 CanLII 5017 (ON CA), per curiam
5 to 8 years $50 million looted major brokerage firm
R v Berenbaum,
[1997] OJ No 5468(*no CanLII links)
ON $1.8 million 3 accountants defrauded firm. Plead guilty and were fully cooperative with forensic audit. Made virtually full restitution.
R v Savard,
1996 CanLII 5703 (QC CA), per curiam
QC CA 18 mo & $200,000 fine $1,435,000 defraud creditors
R v Gray,
1995 CanLII 18 (ON CA), per Carthy JA
ON CA 2.5 years and 2 years less a day $5.8 million government loan to perform research
R v. McLaren,
1995 CanLII 6032 (SK QB), [1995] S.J. No. 565 (Q.B. Sask.), per Grotsky J
SK SC 3.5 years $1 million + The offender was convicted of fraud, breach of trust and theft. "This member of the provincial legislative assembly committed offences involving over $1 million. Although he pleaded guilty, expressed remorse, was suffering from health problems, and had no criminal record, these offences were clearly planned and carried out over a long period of time, and the sentence is necessary to maintain public confidence in the administration of justice." [66]
R v Alidina,
[1995] OJ No 2319 (Ont. Prov. Div.)(*no CanLII links)
ON PC 15 months $14 million "Ms. Alidina entered a plea of guilty to a charge of defrauding her bank employer. Over a period of five years, she diverted $14 million of funds from clients’ accounts. Defence counsel conceded that, all things being equal, the proper range of sentence would be between three and five years. For compassionate reasons, a sentence of 15 months was imposed."
R v Bertram,
(1990) OJ No 2013 (Ont. C.A.)(*no CanLII links)
ON CA $4.5 million mostly recovered {{{6}}}
R v Carter,
[1990] OJ 3140(*no CanLII links)
ON 7 years $25 million Of total amount, $6 million became personal profits of the offender. {{{6}}}

Between 500k and 1 million

Case Name Pr Ct Sentence Amount Summary
Evanson,
2019 ABCA 122 (CanLII)
AB CA 2 years less a day $500k
R v Piccinini,
2015 ONCA 446 (CanLII), per curiam
ON CA 6 years $900,000 This case "involved an extensive fraudulent scheme in which phone calls were placed to elderly Americans who were deceived into forwarding funds to assist grandchildren they were told had been arrested. The scheme netted $900,000. Mr. Piccinini was the leader of the group carrying out the scam. He was sentenced to six years imprisonment. He had strong family support, had expressed remorse and had entered a guilty plea. Mr. Pavao’s fraud was larger and he does not have the mitigating effect of a guilty plea." [67]
R v Wellman, 2014 QCCA 524 (CanLII), per curiam QC CA 30 months $890,000 The offender pleaded guilty to fraud, forgery, and uttering forged documents. "Over a period of three years, while he was treasurer for his union, the accused defrauded the union of a total of $890,000. The accused was addicted to gambling and had reimbursed a total of $386,000. Despite his guilty plea, the therapy he had begun, his lack of a criminal record, and his lowered risk of reoffending, the Court considered the nature and extent of the fraud, the principle of abuse of a position of trust, the degree of premeditation, and the fact that the accused personally benefited from the fraud."[68]
R v St-Martin, 2013 QCCQ 6422 (CanLII), per Chapdelaine J QC PC 15 months and probation $809,975 "The Court imposed a fifteen-month sentence of imprisonment followed by two years of probation on an accused who had embezzled $809,975 from his employer by granting fictional loans to fictional clients. The evidence shows that the accused personally benefited from $402,247, using $104,428 thereof for personal purposes. He pleaded guilty, had no criminal record, and expressed regret and shame. The victim recovered $344,000 through civil suits. The judge found that the duration and extent of the fraud, the complex scheme, the abuse of a position of trust, and the accused’s personal gain were all aggravating factors." [69]
R v Sauriol,
2012 QCCQ 7766 (CanLII), per Landry J
QC PC 2 years less a day CSO $541,090 "The accused pleaded guilty to eleven counts of fraud, committed when he was working as a financial planner with the Great-West insurance company. He thereby obtained $541,090 over a period of three years. The accused was 57 years old and lost everything following his conviction. The Court took into account his lack of criminal record, guilty plea, cooperation with the investigation, health problems, and his expressed remorse, and imposed a conditional sentence of two years less one day to be served in the community, followed by three years’ probation." [70]
R v Abedi,
[2012] OJ No 4029 (CJ), 2012 ONCJ 540 (CanLII), per Borenstein J
ON PC The offender played a small part in a conspiracy to commit fraud of over $14 million. "The accused’s conduct resulted in a loss of approximately $850,000.00 of which he had personally received $50,000.00 for his involvement."[71]
R v Kioussis,
2011 ONCJ 823 (CanLII), per Rutherford J
ON PC 2 years less a day CSO $607k The offender pleaded guilty to fraud. She was a law clerk and office manager for a real estate law firm. She was 64 years old at the time. She had been dealing with anxiety, depression, and stress arising out of ill husband and elderly mother. She paid back the entire amount with interest in restitution before sentencing. The judge also order 100 hours community service and 18 months probation.
R v McConnell,
2011 ONCJ 476 (CanLII), per Schnall J
ON PC 3 years $836,739.56 The offender was a teacher who defrauded school board while employed there over 10 years. He had taken from the Athletic fund. He was in breach of trust. There was some sign of a gambling addiction but nothing significantly mitigating. He was not likely to re-offend.
R v Dube,
2011 ABQB 410 (CanLII), per Eidsvik J
AB SC 6 years $500k The offender and accomplices convinced several people to invest money in several clinics that he claimed to own--prior record for related offences. The offender "posed as a doctor to defraud another doctor by inducing the victim to invest $500,000 into a corporation which purportedly owned numerous medical clinics, but in fact did not own any. Some aggravating factors (such as an extensive and related record) were present which are not factors herein. The court accepted the principle objectives in this sentencing were denunciation and deterrence. The high degree of responsibility was considered. A breach of trust was involved, the scheme was elaborate and carefully orchestrated, and there was a pattern of repetitive fraudulent behaviour. There were few mitigating factors. The Crown suggested a five‑ to ten‑year range, while the defence argued that a conditional sentence order or jail for two to three years was appropriate. Justice Eidsvik reviewed the authorities and determined the appropriate sentence was six years in a federal penitentiary." [72]
R v Slobbe,
2011 BCCA 107 (CanLII), per Levine JA
BC CA 8 years (global)
2 years (fraud #1)
6 years (fraud #2)
712,282.78 The offender was an employee of a small business and used her position to steal over $700k. She pled guilty to 11 counts of fraud. She had a prior related record.
R v Lamoureux,
2011 ONSC 5497 (CanLII), per Pelletier J
ON SC 18 mo CSO $700k
R v BL,
2011 QCCQ 783 (CanLII), per Beaulieu J
QC 2 years less a day and probation $630,000 "The accused pleaded guilty to defrauding her employer of $630,000 when she worked as an administrative assistant. The fraud took place between 2002 and 2006. Although she had no criminal record and the risk of reoffending was low, the Court considered her abuse of a position of trust in relation to her employer, which required planning and premeditation, to be a very aggravating factor." [73]
R v Tickell,
2010 BCCA 303 (CanLII), per Kirkpatrick JA
BC CA 6 years $900K+ The offender pleaded guilty to fraud, breach of trust, and forgery. He was employed by the BC Public Guardian and Trustee office. He posed as an employer and posted fictitious ads online. He used the resumes to get a job with the Trustee and forged a reference letter. He used his position to transfer almost a million dollars from an elderly person deemed unable to manage her assets to himself. He did this a second time for another infirm individual, which involved forging documents.
R v Chernoff,
2009 BCPC 38 (CanLII), per Pothecary J
BC PC 4 years $981,979.38 The offender pleaded guilty to fraud against his employer. He was employed as an accounts clerk. Over several years he misappropriated funds.
R v Kabiawu,
2009 CanLII 18289 (ON SC), per Harvison-Young J
ON SC 9 months CSO $500,000 public fraud; pharmacy
R v Keatley,
[2009] BCJ No 1591 (PC), 2009 BCPC 249 (CanLII), per Hicks J
BC PC CSO $500,000 approx.
R v Bassett,
2009 BCPC 111 (CanLII), per Ellan J
BC PC 2 years $670k A broker defrauded his friends and colleagues.
R v Datsko,
2009 BCPC 106 (CanLII), per Howard J
BC PC 3 years $720k The offender was a yacht club controller who stole $720,000 over 16 months.
R v Kelly,
2008 CanLII 12707 (ON SC), per Spies J
ON SC 3 years $700k The offender was convicted at trial of fraud and uttering forged documents. He was a company president and shareholder. He misappropriated funds by forging cheques to pay for personal expenses. He was 65 years old and not remorseful.
R v Coulson,
2008 ABPC 144 (CanLII), per Allen J
AB PC 2 years less a day CSO $600k fraud over x10, offender ran an auto shop, sold customers vehicles, position of trust
R v Jaikaran,
2007 ABCA 98 (CanLII), per Fraser JA
AB CA 2 years $633,000 The offender was a bank manager and defrauded his employer. The offence was a breach of trust. The sentencing judge ordered a 2 year less a day conditional sentence. The offender paid back full restitution.
R v Stymiest,
2006 NBQB 129 (CanLII), per McNally J
NB SC 5 years (Judge) $900,000 The accused were a provincial court judge, a hospital CEO, and a hospital VP of Finance defrauded the hospital
R v Leis,
2004 SKQB 463 (CanLII), per Ball J
SK SC 8 month CSO $592,000
R v Wilson,
2003 CanLII 48181 (ON CA), per curiam
ON CA 18 months $900,000 "The accused, a physician, defrauded the hospital where he worked for a total amount of $900,000. He had paid $150,000 in restitution. In light of the minimal restitution paid and the excessive importance given to the guilty plea, the Court of Appeal for Ontario found that the sentence was not proportional to the gravity of the crime and that the case involved a high degree of responsibility and flagrant abuse of a position of trust."[74] The Court of Appeal rejected the 2 year CSO ordered by the sentencing judge.
R v Blackler,
2004 CarswellNfld 439 (Prov.Ct.), aff’d 2006 NLCA 48 (CanLII), per Wells CJ
NL CA 2 years less a day CSO $850k
R v Seabrook,
2003 BCCA 427 (CanLII), per Oppal JA
BC CA 2.5 years $679,000 "The Court of Appeal for British Columbia upheld a sentence of two and a half years for fraud in the amount of $679,000. The accused, who held shares in a real estate company, defrauded elderly people. The Court noted the high degree of planning and the significant impact of the crime on the victims and imposed this sentence despite the accused’s lack of a criminal record." [75]
R v Bogart,
2002 CanLII 41073 (ON C.A.), per Laskin JA
ON CA 18 months custody $900k The offender was a doctor who filed fraudulent OHIP charges over 7 years. He pled guilty and had no record. HE was 45 years old. He repaied $200k. He had a noble story of having survived cancer despite leg amputation and succeeded in med school. The sentencing judge had ordered 2 years less a day conditional sentence. The 18 months ordered by the Court of Appeal was after taking credit for 13.5 months served on his conditional sentence. Court suggests range starting at 4 years.
R v Schneider,
2002 166 BCCA 206 (CanLII), per Smith JA
BC CA 30 months $679,919 "The Court of Appeal for British Columbia upheld a thirty-month custodial sentence and a restitution order for a real estate promoter charged with fraud in the amount of $679,919 for misappropriating funds that were intended to finance a construction project. The Court also noted that it was a case of abuse of the public trust." [76]
R v Howe,
2002 ABCA 277 (CanLII), per Hunt JA
AB CA 2 years less a day CSO $760k offender and partner defrauded government by getting tax credits they were not entitled to.
R v Sharma,
1997 CanLII 473 (BC SC), per Collver J
BC SC 18 months $720k convicted of fraud and uttering forged documents -- loss arising from the commission amount involving the installation of nuclear power system into a submarine--fraud occurred over 12 years prior to sentencing--no prior record
R v Shah,
1994 CarswellBC 1033, [1994] BCJ No. 2261, 94 CCC (3d) 45, 1994 CanLII 1290 (BC CA), per Finch JA
BC CA 8 years $635k Accused was a pharmacist who forged claims to get drugs.

Procuring and Trafficking Government Documents

Obtaining Property by False Pretences

Case Digests

Theft and Forgery of a Credit Card

Ranges

Case Name Sentence Summary
R v Shamshiri,
2013 ONSC 1906 (CanLII), per curiam
$1,000 and 18 month probation
R v Saade,
2006 NSSC 279 (CanLII), per S MacDonald J
2 years The offender was also charged with conspiracy. The offence is said to impact reliance on electronic banking system and is more prevalent than even.
R v Harvey-Langton,
2012 MBPC 64 (CanLII), per Devine J
5 years The accused and his accomplice were found in possession of the credit card numbers of 2,447 people and the identity information of 2,438 people.
R v Kanagaratnam,
2011 MBPC 72 (CanLII), per Moar J
14 months credit card fraud
R v Zhang,
2008 BCSC 674 (CanLII), per Bennett J
discharge
R v Khaira,
2011 ABPC 340 (CanLII), per Dunnigan J
14 months The offender couriered three packages from Hong Kong to Canada. They contained 6,000 forged Alberta driver's licences and 14,000 forged credit cards. He was 21 years old and had no prior record.
R v Sandranathan,
2007 ONCJ 261 (CanLII), per Wong J
2 years (global)
21 months (poss'n credit device)
21 months (fraud over)
21 months (poss'n forgery device)
21 months (poss'n credit data)
The offender pleaded guilty to 27 counts of credit card skimming and 5 counts breach of conditions.
R v Marano
[2007] AJ No 425, (Alta. Prov. Ct.), 2007 ABPC 102 (CanLII), per Van de Veen J
16 months The offender assisted an accomplice install debit card skimming devices and video recorders at the gas station he worked at. The devices recorded a total of 714 transactions. There was no financial loss since they were caught before they could retrieve the data. The offender had been promised $20,000 for his role. He was 26 years old and had a lengthy record that included possession of stolen credit cards.
R v Naqvi
[2005] AJ No 1593 (Alta. Prov. Ct.), 2005 ABPC 339 (CanLII), per Stevenson J
18 months
R v Ali
[2001] O.J. No. 3757 (Ont. Sup.Ct.)(*no CanLII links)
18 month CSO The two offenders defrauded 6 banks of $139,000 total by hiring gas station attendants to copy debit cards over 3 months. Both accused had no prior record and were responsible for supporting their families. Restitution of $5,000 was made before sentencing with a promise of $10,000 over 12 months after sentence.

See Also

Trafficking in Stolen Property

Case Digests

Case Name Sentence Summary
R v Pike,
2014 CanLII 53038 (NL SCTD), per Handrigan J
16 months (B&E)
16 months (trafficking)
16 months (global)
Offender plead guilty to break and enter (x 3) and trafficking in stolen property (x2). He broke into a residence five times stealing a variety of items including a TV and antique shotguns. Some items were sold for money to buy percocets. On arrest some items were returned to their owner.

Unauthorized Use of Computer

Case Digests

Case Name Sentence Summary
R v Cisar,
2014 ONCA 151 (CanLII), per Rosenberg JA
30 months The offender was convicted of fraudulently obtaining computer services, fraudulent use of a computer system, theft and possession of stolen goods. He quit from a software company, taking a number of discs containing the source code for computer software the company was developing. He moved out of country, started a new software company and sold a software program created with the source code he took. The software was valued at $12 million.
R v Charania,
2014 ONSC 1695 (CanLII), per Goodman J
Discharge with 9 months probation see Mischief (Sentencing Cases) for details
R v Mackie,
2013 ABPC 116 (CanLII), per Skene J
1 year (unauthorized use x 5)
11 years (global)
The offender was convicted of luring, extortion, child pornography, identity fraud, invitation to sexual touching. See Child Luring (Sentencing Cases)
R v Grecu,
2004 ABPC 61 (CanLII), per Semenuk J
12 months CSO The offender pleaded guilty to 5 offences involving the unauthorized computer equipment, cameras and other devices. He and an accomplice used the devices to forge credit cards which were in turn used to withdraw money. The offence was "sophisticated and involved a number of co-accused in what can only be described as organized criminal activity at the highest level". The total loss was $38,147.99, while the risk of loss was $648,820.00.

Unlawfully in a Dwelling

Case Digests

Case Name Sentence Summary
R v Sinclair,
2017 MBCA 9 (CanLII), per Hamilton JA
7.5 years (dwelling)
5 years (robbery)
2 years (threats)
1 year (personation)
The judge referred to it as a "home invasion".
R v Pardy,
2016 CanLII 24209 (NLTD), per Handrigan J
time served + probation The offender plead guilty to 349 and theft under 5,000. Offender served 36 days on remand.
R v Wiens,
2013 ABPC 15 (CanLII), per Pharo J
16 months
R v Fraser,
2012 NSCA 118 (CanLII), per Hamilton JA
3 years
R v House,
2012 NLCA 41 (CanLII), per Welsh JA
discharge
R v Wells,
2006 NSSC 313 (CanLII), per S MacDonald J
3 years
R v Monteiro and Ford,
2005 BCSC 1201 (CanLII), per Joyce J
3.5 years
R v Savard,
2005 ABCA 432 (CanLII), per Costigan JA
4 months
R v Mattice,
2003 BCCA 370 (CanLII), per Donald JA
18 months
R v Taylor (C.)
(1993), 135 N.B.R.(2d) 213 (TD), 1993 CanLII 3060 (NB QB), per Riordon J
fine and probation
R v Barnes,
2004 NSSC 257 (CanLII), per Kennedy CJ
2 years

Identity Fraud

Case Digests

i