Canadian Criminal Sentencing/Offences/Drug Offences

Purpose of Sentencing for Drug Offences
Drug offences have added purpose as stated in section 10 of the Controlled Drugs and Substances Act:

General Factors
Under the Controlled Drugs and Substances Act, there are further factors that should be considered:

Section 10(3) suggests that where aggravating factors are found under s.10(2) that there should be a jail sentence unless there are reasons not to do so.

General Principles and Factors for Trafficking
Some courts distinguish between levels gravity for trafficking. There is (1) social sharing; (2) petty retail operation; (3) full-time commercial operation.

Where the offender is not addict then he is not deserving of sympathy in committing the offence for the support of a habit as part of a disease.

Denunciation and deterrence are the paramount focus in commercial trafficking.

Court make some distinction between commercial and social trafficking. The difference is considered an aggravating factor in sentence and so must be proven beyond a reasonable doubt. The factors of proof include the use of street lingo, cell phones, amount of drugs, method obtained, and method of dealing.

Other factors include:
 * the offender’s level in the drug hierarchy
 * amount and value of the drug
 * number of transactions
 * prior related record
 * trafficking on impulse
 * planned and deliberate trafficking
 * social trafficking (sharing drugs with friends) vs commercial trafficking
 * trafficking in other types of drugs at the same time