A former Castlegar man described as a “mid-level drug trafficker” has been sentenced to two years of house arrest followed by two years of probation.
Andrew Cancela, 41, was found guilty in January of possession of cocaine for the purpose of trafficking as well as possession of ketamine and psilocybin and failing to comply with a release order. He was sentenced on Aug. 5 in Nelson but the judgement was only published last week.
According to Justice Lindsay Lyster’s ruling, police searched Cancela’s home on Nov. 10, 2022, and found $1,200 in cash, four cellphones, 17 grams of ketamine, 10 grams of psilocybin and psiocin, and 444 grams of cocaine in powder and rock form. An expert testified that the cocaine was worth $35,000 to $44,000.
At the time of the bust, Cancela was on a release order that prohibited him for possessing drug paraphernalia. He spent 436 days in custody before being released on bail. He spent a further 896 days under house arrest in Kamloops until his sentencing.
Cancela was originally charged with possessing ketamine and psilocybin for the purpose of trafficking, but the judge found him guilty of the lesser offences of simple possession.
Cancela had previous drug-related convictions in 2013, 2020, and 2024, which resulted in a conditional nine-month sentence; 12 months in jail plus 18 months probation; and a $480 fine, respectively.
As aggravating factors, Crown counsel cited Cancela’s criminal record, an expert’s testimony calling him a “mid-level drug trafficker,” and what the Crown said was a lack of insight into the impact of his crimes on the community. As mitigating factors, it pointed to positive steps he has taken since his arrest. The judge also noted while he did not plead guilty, Cancela made admissions that hastened the end of the trial.
Cancela told the writer of a pre-sentence report that he has been a heavy substance user himself, but has maintained his sobriety for more than three years. The judge also said that since being released on bail, he has complied with all of the terms of his release and plans to stay in Kamloops.
However, she also quoted him as saying authorities in Castlegar had a “personal vendetta” against him, remarks that “stand at odds with him taking responsibility for his offending behaviour.”
Cancela has received letters of support from the recovery manager at the outreach centre where he lives, as well as a prison chaplain, and someone who knows him through church.
Lyster said she had to give “significant weight” to Cancela’s rehabilitation prospects, which were more likely to be furthered by letting him live in the community under strict conditions than by returning him to jail.
Cancela addressed the court before sentencing, saying he thanked god for being in the position he was in. He also thanked his lawyer, Crown counsel, and the court for being fair. He said he continues to work on his sobriety in hopes of getting his driver’s license back and going to college for a human services diploma. He said he believes he can make a difference in the lives of other men facing similar challenges.
Crown counsel sought a sentence of three to four years in prison for the cocaine charge plus seven days for each of the possession counts to be served concurrently and seven days for the breach of conditions to be served consecutively. Cancela’s lawyer suggested a conditional sentence of two years less a day to be served in the community plus probation, which is ultimately what the judge decided on.
At Cancela’s request, he will not be given any credit for time served.
