SENTENCING - Possession for the purpose of selling, trafficking, distributing or exporting - Conditional sentence

Law360 Canada ( November 4, 2025, 12:01 PM EST) -- Appeal by Crown from conditional sentence order. The respondent was found guilty of two counts of possessing illicit drugs for the purpose of trafficking. One of those counts involved fentanyl. The Crown sought a cumulative eight-year prison term. The respondent sought a conditional sentence order (CSO) of two years less one day for each count (concurrent), followed by three years’ probation. The judge accepted the defence position. On appeal, the Crown alleged errors in principle that impacted the sentence, namely: failing to give sufficient weight to denunciation and deterrence; and, overemphasizing the principle of rehabilitation. It submitted that these errors resulted in a cumulative sentence that was markedly out of step with other sentences imposed for fentanyl-related offences involving large amounts and mid-level conduct. The Court of Appeal stated that appeals from sentence attracted a highly deferential standard of review. The Court would not vary a sentence unless the appellant established an error in principle that impacted the sentence or persuaded it that the sentence was demonstrably unfit. The Crown submitted that the sentence was demonstrably unfit and asked that the cumulative sentence be increased to six years’ imprisonment. The respondent submitted doing so would require the Court to disregard the deferential standard of review....
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