R. v. Villeneuve, 2016 NSSC 223

SUPREME COURT OF Nova Scotia Citation: R. v. Villeneuve, 2016 NSSC 223 Date: 2016-08-26 Docket: Pictou , No. 445673 Registry: Pictou Between: HER MAJESTY THE QUEEN v. PAUL DANIEL VILLENEUVE Judge: The Honourable Justice N. M. Scaravelli Decision: August 26 th , 2016 Pictou, Nova Scotia Counsel: Bronwyn Duffy, for the Federal Crown Douglas Lloy, Q.C. for the Defendant Orally By the Court: [ 1 ] Paul Villeneuve appears for sentencing following a guilty plea to the charge that on or about the April 28 th , 2015 at or near Stellarton, Nova Scotia he did have in is possession for the purpose of trafficking hydromorphone, a

Schedule I substance, contrary to section 5(2) of the Controlled Drugs and Substances Act (CDSA). [ 2 ] Mr. Villeneuve was arrested by police following an investigation regarding the sale of hydromorphone pills from his residence and a local coffee shop. A search of his person incident to arrest revealed a metal tin containing three 18-mg, three 6-mg and one 9-mg hydromorphone pills as well as five clonazepam pills. A cell phone and an amount of cash were also located on his person. Drug related paraphernalia was discovered in his residence under search warrant. [ 3 ] Mr.

Villeneuve cooperated with police and admitted to the charges. He entered an early guilty plea. [ 4 ] A pre-sentence report was prepared for the court. Mr. Villeneuve is 52 years of age, is single and unemployed. He receives an allowance from the Department of Community Services Income Assistance Program. Mr. Villeneuve reports suffering from a chronic lung disease. He is also involved with the Opioid Treatment Program in Truro. He takes methadone medication on a regular basis. Mr.

Villeneuve reports that he committed the offence to support his own drug habit. [ 5 ] The applicable principles of sentencing are set out in the Criminal Code and CDSA. Denunciation and deterrence, both specific and general are main sentencing objectives. Our Supreme Court and Appeal Court have been consistent in noting the safety risks to the community associated with trafficking a

Schedule I substance and that these offences generally attract a Federal period of incarceration. I refer to our Nova Scotia Court of Appeal case R. v. Oickle, 2015 NSCA 87 . [ 6 ] It is mitigating that Mr. Villeneuve accepted responsibility and entered an early guilty plea. [ 7 ] It is an aggravating factor that Mr. Villeneuve has a related criminal record including both designated and non-designated substance offences. This would have triggered section 5(3)(1)(i)(

D) of CDSA where a conviction of a designated substance offence within the previous ten years carries a mandatory minimum sentence of one year. However, as pointed out by crown, a recent decision of the Supreme Court of Canada in R. v. Lloyd , 2016 SCC 13 , ruled that this minimum sentence provision was unconstitutional.

[ 8 ] Crown and defence counsel have submitted a joint recommendation on sentencing of two years Federal term of imprisonment. [ 9 ] As this court has stated previously, sentencing is at the discretion of the trial judge. However, a sentencing court generally accepts a joint recommendation unless the sentence is outside the normal range of sentences, is contrary to public interests or would bring the administration of justice into disrepute. [ 10 ] Having reviewed the decision of R. v.

Oickle and the cases referred to therein as well as the circumstance of the offence and the offender, I am satisfied the joint recommendation of two years imprisonment is within the acceptable range and meets the purposes and principles of sentencing. [ 11 ] The court will recommend that the institution enable Mr. Villeneuve to continue to participate in the drug treatment program. [ 12 ] The following ancillary orders will be granted: 1. A lifetime mandatory

section 109 firearms prohibition order; 2. There shall be a forfeiture order pursuant to

section 16 of CDSA for the offence related property; 3. There will be a secondary DNA order pursuant to

section 487.04 of the Code; 4. There will also be a minimum victim surcharge of $200 with 36 months to pay. ____________________ Scaravelli, J.