Drug Trafficking, Schedule II (Sentencing Cases)

This page was last substantively updated or reviewed July 2023. (Rev. # 95024)

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Offence Wording

Trafficking in substance

5 (1) No person shall traffic in a substance included in Schedule I [opiates and related], II [cannaboids], III [psychedelics], IV [barbiturates] or V [repealed] or in any substance represented or held out by that person to be such a substance.

Possession for purpose of trafficking

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I [opiates and related], II [cannaboids], III [psychedelics], IV [barbiturates] or V [repealed].
[omitted (3), (4), (5) and (6)]
1996, c. 19, s. 5; 2012, c. 1, s. 39; 2017, c. 7, s. 3; 2018, c. 16, s. 196.
[annotation(s) added]

– CDSA (CanLII), (DOJ)

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Digests

Case Name	Prv.	Crt.	Sentence	Drug / Quant.	Summary
2022
R v Terrio, 2022 NSSC 133 (CanLII), per Rosinski J	NS	SC			"The accused was described as a supervising store manager of a cannabis dispensary company. During a search of the business, police seized just under 2000 grams of cannabis. The accused pleaded guilty. The Crown sought a short period of incarceration (i.e. less than six months) and was not opposed to a conditional sentence. The court ultimately sentenced the accused to a 12 month conditional discharge. " Find summaries of case.
R v Redmond, 2022 CM 4008 (CanLII)					"The accused, a military Corporal, pleaded guilty to unlawfully selling cannabis edibles. Over a 6-month period, she conducted between 60-70 transactions. She advertised her unlawful business by word of mouth and sold to other members of the military (an aggravating factor). The operation was described as “relatively sophisticated” and the accused employed a delivery driver to assist with her business. The judge upheld the joint recommendation for 21 days in jail and a $4000.00 fine." Find summaries of case.
R v Letellier, 2022 BCPC 110 (CanLII), per Challenger J	BC	PC			"The accused pleaded guilty to his “integral role” in a “sophisticated and ongoing” cannabis delivery company. The accused had no documented addiction or mental health concerns. The Crown sought a $10,000 fine and the court imposed a $6,000 fine and probation." Find summaries of case.
2021
R v Stewart, 2021 ABCA 79 (CanLII), per J	AB	CA			Find summaries of case.
2018
R v Murphy, 2018 NLSC 256 (CanLII), per Burrage J	NL	SC	suspended		Find summaries of case.
2016
R v Tran, 2016 ONSC 3225 (CanLII), per Trotter J	ON	SC	2.5 years and 2 years less a day		"the offender Steven Tran with no prior record, was the distributor in a large marihuana trafficking operation. Although the judge thought a three year sentence was appropriate, the sentence was reduced because of onerous bail conditions and other factors to two years less a day. The offender Seddigi received a sentence of 18 months imprisonment although the judge started consideration with a sentence in the range of 2½ years." Find summaries of case.
2013
R v Giulioni, 2013 CanLII 15445 (NLSCTD), per Goodridge J	NL	SC	18 months CSO	11 kg	Find summaries of case.
R v Bonnie, 2013 ONCJ 243 (CanLII), per Zisman J	ON	PC	2 months (marijuana) 8 months (oxycodone)	< 20 grams	Find summaries of case.
R v Le, 2013 SKCA 9 (CanLII)	SK	CA			Find summaries of case.
R v Xuan Nguyen, 2013 SKQB 331 (CanLII), per Popescul J	SK	SC			Find summaries of case.
2012
R v Martin, 2012 CanLII 52791 (NLSCTD), per Faour J	NL	SC	20 months imprisonment	13 lb (M) + 7 lb (H)	Find summaries of case.
R v Sullivan, 2012 CanLII 32169 (NLSCTD), per Goodridge J	NL	SC	3 years imprisonment	49 lb	prior record for trafficking Find summaries of case.
R v Lee Roy Durepos, 2012 NBPC 7 (CanLII), per Duffie J	NB	PC	2 years less a day CSO	7.5 lb	marijuana trafficking--offender had unrelated record Find summaries of case.
R v Gendron, 2012 CanLII 10863 (NLSCTD), per Seaborn J	NL	SC	18 months CSO (JR)	30 lb	Find summaries of case.
R v Fizzard, 2012 NLCA 80 (CanLII), per Rowe JA	NL	CA	19 days + P	121 grams	trial judge overturned a joint recommendation. Appeal from 4 months custody. Find summaries of case.
R v McKenzie, 2012 SKCA 92 (CanLII), per Cameron JA	SK	CA	12 months imprisonment	0.5 lb	relatively large commercial operation--aged 19--Crown appeal from 15 months CSO Find summaries of case.
R v Murray, 2012 ABPC 123 (CanLII), per Semenuk J	AB	PC	6 months imprisonment	30 gr	sold 30gr to undercover officer on two occasions. Find summaries of case.
R v Hunt, 2012 NLCA 5 (CanLII), per Barry JA	NL	CA	4 months imprisonment	29 g	Find summaries of case.
2011
R v Martin, 2011 NLTD 142 (CanLII), per Adams J	NL	SC	2 years less a day CSO	5 lb	Find summaries of case.
R v Gorcsi, 2011 ONCJ 532 (CanLII), per Harpur J	ON	PC	2 years less a day CSO	15 lb	Find summaries of case.
R v Randell, 2011 SKCA 124 (CanLII), per Caldwell JA	SK	CA	9 months CSO		appeal from discharge Find summaries of case.
R v Roemer, 2011 SKPC 73 (CanLII), per Kovatch J	SK	PC	6 months imprisonment	253 grams	"The accused entered a guilty plea to one count of possession of marijuana less than 3 kilograms for the purpose of trafficking. At issue was whether a jail sentence or conditional sentence served in the community would be appropriate. Although the accused had an extensive record, he had no convictions between 2004 to the date of his charge in May 2010.HELD: The Court imposed a sentence of 6 months incarceration followed by 1 year probation and a lifetime firearms prohibition order." LSS Find other summaries.
R v Fizzard, 2011 CanLII 5260 (NL PC), per Porter J	NL	PC	4 and 6 months	?	children in drug house Find summaries of case.
R v Tatchell, 2011 NLTD 87 (CanLII), per Goodridge J	NL	SC	9 months CSO		Find summaries of case.
R v Hunt, 2011 NLTD 29 (CanLII), per Whalen J	NL	SC	12 months imprisonment	29gr	Find summaries of case.
R v Kharaghani, 2011 ONSC 3404 (CanLII), per Herman J	ON	SC	3 months imprisonment	3 kg	2 sales to police of approx 6 gr each Find summaries of case.
R v Dhaliwal et al, 2011 MBQB 156 (CanLII), per Martin J	MB	SC	4 years	778lb	"Martin, J., sentenced a trusted courier , with no prior criminal record, convicted of transporting across Canada approximately 778 lbs of marihuana valued between $1.1 and $2.7 million to three years imprisonment taking their particular circumstances into account after stating a fit sentence would be four years incarceration."[1] Find summaries of case.
2010
R v Tosczak, 2010 SKCA 10 (CanLII), per Cameron JA	SK	CA	2 years less a day CSO		Find summaries of case.
R v Stewart, 2010 CanLII 20 (NL PC), per Porter J	NL	PC	90 days imprisonment	"small quantity"	prior related record; sold to 16 year old Find summaries of case.
2009
R v Bohnet, 2009 ABCA 314 (CanLII), per Watson JA	AB	CA	6 months (approx)	55 gr	Find summaries of case.
R v Le, 2009 SKQB 367 (CanLII), per Zarzeczny J	SK	SC	15 months imprisonment		Find summaries of case.
R v Lane, 2009 NLTD 68 (CanLII), per Dymond J	NL	SC	30 months		"the offender Lane, with no prior criminal record, one of the directing minds of a large trafficking conspiracy involving large amounts of marihuana and cash trafficked between British Columbia and Newfoundland and Labrador received a sentence of 30 months incarceration." "[T]he two accused were convicted of the offence of conspiracy to traffic in cannabis, pursuant to section 465(1)(c) of the Criminal Code and section 5(1) of the CDSA. The trial judge described the circumstances of the offence, in part, in the following manner:... The two accused involved in the conspiracy had a British Columbia contact (“B.C. Contact”). Mr. Lane operated out of Ontario. Mr. Lane and B.C. Contact had couriers operating out of St. John’s and British Columbia. Mr. Rees took care of the distribution of drugs taken in by the B.C. courier. Mr. Rees’ job was to collect money to pay to B.C. Contact when the B.C. courier brought the drugs to St. John’s, Newfoundland and Labrador... Based on the Agreed Statement of Facts, it is clear that the conspiracy involving large volumes of marihuana and large amounts of cash, occurred over a period of six to seven months, as set out in the indictment, which outlines a conspiracy to traffic in marihuana between British Columbia, Ontario and Newfoundland and Labrador." Find summaries of case.
R v Beaudoin, 2009 CanLII 35674 (NL PC), per Hyslop J	NL	PC			"the accused pled guilty to the offences of production of cannabis marihuana and possession of more than three kilograms of cannabis marihuana for the purposes of trafficking, contrary to sections 5 and 7 of the CDSA. The trial judge indicated that the “accused was party to a ‘grow operation’ of cannabis. By any standard it was a sophisticated operation designed to provide a high yield of drugs destined for the street.” The trial judge also indicated that the “Statement of Facts alleged that the presence of ‘shake’ indicated that at least one crop had been harvested. The budding plants represented a second crop and the clones represented a third crop. A conservative estimate of crop yield was made at two ounces or 56 grams per plant. In all, 476 plants were seized by the police representing a potential harvest of 26,656 grams or 58 pounds, seven ounces. Based on a conservative price of $2,000.00 per pound, this would have realized a cash value of $116,000.00. If it were sold by the gram at the maximum street level price of marihuana in the St. John’s area at $20.00 per gram, the yield to the growers would amount to $530,000.00.” The trial judge imposed concurrent periods of eighteen months incarceration on each of the two counts." Find summaries of case.
R v Dobbin, 2009 NLCA 52 (CanLII), per Barry JA	NL	CA	26 months		"the accused pleaded guilty to the offences of possession of marijuana for the purpose of trafficking, unlawful production of marijuana for the purpose of trafficking, unlawful storage of firearms, and unlawful possession of unlicenced firearms. A period of twenty-six months incarceration was imposed. Prior to this sentence being imposed, a period of four months incarceration had been imposed for unrelated offences. The accused appealed from sentence, seeking a conditional sentence. The appeal was dismissed. As regards the fitness of the sentence imposed, the Court of Appeal, at paragraph 26, stated that though “the total sentence of 26 months here may be on the higher end of the appropriate range, based on Provost and Walsh and the authorities there noted, I am unable to say that the trial judge’s sentence in the present case is demonstrably unfit.” As to the imposition of a conditional sentence, the Court Of Appeal held, at paragraph 27, that “the trial judge gave appropriate emphasis to all relevant factors and, as decided in M.(C.A.), supra, this Court should not intervene in such circumstances.”" Find summaries of case.
2008
R v Smith, 2008 MBPC 40 (CanLII), per Corrin J	MB	PC	10 months imprisonment with probation	17 grams	caught trying to smuggle 17 g marijuana into prison; poor PSR; prior record for trafficking Find summaries of case.
R v Lavallee, 2008 MBPC 39 (CanLII), per Corrin J	MB	PC	18 months CSO	17 grams	driver in operation to sneak 17 g of marijuana into prison; good PSR Find summaries of case.
R v Rastgoei, 2008 BCCA 242 (CanLII), per Bauman JA	BC	CA	1 year imprisonment	1 to 2 pounds	involved in dial-a-dope operation; included 1 to 8 gr of cocaine; no record Find summaries of case.
R v Delafosse, 2008 YKTC 82 (CanLII), per Fulkner J	YK	SC	4 months CSO		low level dial-a-dope operation; no record Find summaries of case.
2007
R v Hill, 2007 BCCA 309 (CanLII), per Smith J	BC	CA	30 months imprisonment	105 lb	signs of being a high level commercial drug dealer Find summaries of case.
R v Atwell, 2007 NSPC 60 (CanLII), per Tufts J	NS	PC	2 years less a day CSO		also sentenced for production of marijuana and careless storage of a firearm Find summaries of case.
2006
R v Provost, 2006 NLCA 30 (CanLII), per Rowe JA	NL	CA	15 months imprisonment	1lb	Find summaries of case.
R v Sears, 2006 SKCA 137 (CanLII), per Lane JA	SK	CA	22 months CSO		Find summaries of case.
R v C.B., 2006 ABPC 167 (CanLII), per Dunnigan J	AB	PC	2 years less a day CSO	marijuana, resin, valium, ecstacy	Find summaries of case.
R v Lindquist, 2006 ABPC 42 (CanLII), per Millar J	AB	PC			Find summaries of case.
2005
R v Forsberg, 2005 BCPC 706 (CanLII), per Watchuk J	BC	PC	18 months CSO	43 lb	no record; drug courier Find summaries of case.
R v Nicoll, 2005 NSPC 15 (CanLII), per Tufts J	NS	PC	3 months CSO	35 gr	two sales of 1 gram of marijuana, also found in possession of 8 bags totalling 35 g and scales Find summaries of case.
R v Wood, 2005 SKQB 313 (CanLII), per Pritchard J	SK	SC	22 months CSO		Find summaries of case.
R v Bolla, 2005 SKCA 111 (CanLII), 269 Sask. R. 295, per Richards JA	SK	CA			"Bolla involved a Crown sentence appeal from a conditional sentence order following a trial where the respondent was convicted of possession of marihuana for the purpose of trafficking. The respondent was the owner-driver of a semi trailer. His truck slid off the road near Moose Jaw on a trip from Vancouver to Toronto. The truck was loaded with boxes of noodles. Two large boxes of marihuana were concealed within them. A group of students was enlisted to move the cargo from the damaged trailer to a new trailer. The respondent stood by as the unloading progressed. When the boxes containing the marihuana were unloaded, the respondent took them aside and placed them under a piece of the damaged trailer. One of the boxes had broken open and he attempted to stuff plastic into the break in order to conceal or protect the contents. One of the students noticed that the box contained marihuana and the police were called. Before they arrived, the respondent carried the boxes to the new trailer with the apparent intention of shipping them to Toronto with the rest of the cargo. The boxes contained 51.17 pounds of marihuana with a value ranging from $153,000 to $464,000 depending on how it was sold." Find summaries of case.
2004
R v Soura, 2004 SKQB 308 (CanLII), per Hrabinsky J	SK	SC		21 months CSO
R v Ryan, 2004 NSSC 173 (CanLII), per Goodfellow J	NS	SC	5 years imprisonment	43 grams hash	Accused was RCMP officer; used position to traffic Find summaries of case.
R v Holowenko, 2004 SKCA 7 (CanLII), per Sherstobitoff JA	SK	CA
2003
R v Kozak, 2003 SKQB 22 (CanLII), per Ball J	SK	SC			Find summaries of case.
R v Sewell, 2003 SKCA 52 (CanLII), per Bayda CJ	SK	CA	9 months imprisonment	3 kg	Find summaries of case.
R v Jones, 2003 NSCA 48 (CanLII), per Roscoe JA	NS	CA	3 years imprisonment	4.6kg of resin	large retailer/small wholesaler. "the typical range of sentences for small wholesalers or large retailers, the people on the third of the four rungs of the ladder identified in Fifield, is two to five years’ incarceration." Find summaries of case.
R v Grewal, 2003 SKCA 56 (CanLII), per Sherstobitoff JA	SK	CA	2 years imprisonment	160 lb	" a 43‑year‑old trucker, with no previous criminal record, agreed to transport marihuana from British Columbia to Ontario for $3,000. He was in severe financial difficulty and was suffering from kidney disease. The marihuana, unbeknownst to the accused, had a street value of slightly over $1 million. The Court of Appeal determined that the appropriate sentence was two years less one day, but imposed a sentence of two years so that the sentence could be served in the accused’s home province."[2] Find summaries of case.
R v Lambe [2003] N.J. No. 25 (TD), {{{2}}}(*no CanLII links)	NL	SC			"the offender Lambe plead guilty to trafficking in cannabis marihuana and possession of proceeds of crime and was sentenced to 18 months imprisonment – 16 months for trafficking and two months consecutive for proceeds of crime." Find summaries of case.
2002
R v MacIvor, 2002 NSSC 225 (CanLII), per LeBlanc J	NS	CA	4 months imprisonment	79 plants and 3 kg dried	Find summaries of case.
R v McCurdy, 2002 NSCA 132 (CanLII), per Roscoe JA	NS	CA	3 years imprisonment	500 plant marihuana grow-op	"commercial distributor", dated unrelated prior record Find summaries of case.
R v Simons, 2002 SKCA 90 (CanLII), per Jackson JA	SK	CA	2 years less a day CSO		Find summaries of case.
2001
R v Charlish, 2001 BCCA 27 (CanLII), per Southin JA	BC	CA	CSO	15 g marijuana	attempting to bring into jail Find summaries of case.
R v Tanguay, 2001 CanLII 2746 (ON CA), per curiam	ON	CA	27 months imprisonment	2.5kg of marijuana	Find summaries of case.
2000
R v Su, 2000 BCCA 480 (CanLII), per Lambert JA	BC	CA	12 months imprisonment		Find summaries of case.
1999
R v Walsh, 1999 CanLII 18934 (NL C.A.), per Well CJ	NL	CA	18 months imprisonment	18lb	Find summaries of case.
R v Collette, 1999 CanLII 4552 (NS CA), per Glube CJ	NS	CA	3 years imprisonment	10 kg canabis resin	Find summaries of case.
R v Hill, 1999 NSCA 118 (CanLII), per Freeman JA	NS	CA	15 months imprisonment	1 lb of marijuana and 1kg of hashish	Find summaries of case.
R v Parsons, 1999 NSCA 156 (CanLII), per Flinn JA	NS	CA	6 months CSO	one joint	no record; near a school Find summaries of case.
1998
R v Cameron, 1998 CanLII 2142 (BC SC), per Warren J	BC	SC	2 years less a day imprisonment		upheld at 1998 CanLII 6215 (BCCA) Find summaries of case.
1997
R v Wesnoski, 1997 CanLII 9757 (SK CA), per Lane JA	SK	CA	2 years less a day imprisonment		Find summaries of case.
R v Wheatley, 1997 CanLII 14532 (NS C.A.), , 159 NSR (2d) 161, per Matthews JA	NS	CA	13 months CSO	hashish	a petty retailer of soft drugs and had a record of theft and fraud. Find summaries of case.
1995
R v Tarlao, 1995 NSCA 149 (CanLII), per Puglsey JA	NS	CA	6 years	resin worth 200k and hash worth between 500k and 1,000k	"an offender involved in a sophisticated commercial operation to distribute cannabis resin involving $200,000 to be used to purchase hashish worth between $500,000 and $1,000,000 was sentenced to six years incarceration." Find summaries of case.
1992
R v O'Toole, 1992 CanLII 2610 (NS CA), per Clarke JA	NS	CA		2043g cannabis resin	Offender had no record. Drugs had an estimated street value $140,000 "quantity of cannabis resin seized is far in excess of that which would classify the respondent as a petty retailer. The quantity bespeaks that of a wholesaler or a retailer on a large scale …" Find summaries of case.
1988
R v Ferguson, 1988 CanLII 156 (NS C.A.), , 84 NSR (2d) 255, per Jones JA	NS	CA	12 months imprisonment	1 oz	two transactions Find summaries of case.
1985
R v McGregor, 1985 ABCA 163 (CanLII), per Kerans JA	AB	CA	1 year imprisonment	2.2 g marijuana	appeal from sentence of 2 years; age 21, prior similar record Find summaries of case.
1981
R v Carlton, 1981 ABCA 290 (CanLII), per McClung JA	AB	CA	3 months imprisonment		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. Find summaries of case.
1978
R v Fifield, 1978 CanLII 812 (NSCA), per JA	NS	CA	2 years imprisonment	7 lb of hashish, 8 lb of marihuana	prior related record. Find summaries of case.
1976
R v Marcotte, [1976] NJ No 121 (Nfld. D.Ct.)(*no CanLII links)	NL	SC	3 years imprisonment	2 lb cannabis resin	street value of $10,000.00

See Also

• Drug Production (Sentencing Cases)
• Drug Trafficking, Schedule I (Sentencing Cases)
• Drug Trafficking, Schedule III (Sentencing Cases)
• Drug Trafficking, Schedule IV (Sentencing Cases)
• Drug Importation (Sentencing Cases)