Controlled Drugs and Substances Act

Marginal note:Purpose of sentencing

• 10 (1) Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

• Marginal note:Factors to take into consideration

  (2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

  • (a) in relation to the commission of the offence,

    • (i) carried, used or threatened to use a weapon,

    • (ii) used or threatened to use violence,

    • (iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or

    • (iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;

  • (b) was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act;

  • (c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.

• Marginal note:Reasons

  (3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

• Marginal note:Drug treatment court program

  (4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender

  • (a) to participate in a drug treatment court program approved by the Attorney General; or

  • (b) to attend a treatment program under subsection 720(2) of the Criminal Code.

• Marginal note:Minimum punishment

  (5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.