Our client was charged with 3 counts of Possession for the Purposes of Trafficking. It was alleged that he was running a dial-a-dope operation and at the time of his arrest he was in possession of an ounce of Carfentanil/Fentanyl. After testing the evidence at a preliminary inquiry, our client decided to plead guilty. At the time of sentencing there were only 3 reported Carfentanil sentencing cases in Canada and the sentencing Judge accepted that there was no established “range of sentence” for PPT Carfentanil. The Crown’s position at sentence was 4 years jail. We ran a highly contested sentencing hearing and sought a sentence of 2 years less a day to be served as a Conditional Sentence Order. The sentencing Judge accepted that our client was running an unsophisticated trafficking operation and that our client was suffering from significant cognitive deficits at the time of the offence. Ultimately, the sentencing Judge accepted our position and did not send our client to jail. To our knowledge, this is the first non-jail sentence recorded anywhere in Canada for a Possession of Carfentanil for the Purposes of Trafficking charge.

2022 BCPC 322

Outcome: CSO 2 year less a day CSO, no probation to follow.