The appellants were convicted of producing marihuana and possession for the purpose of trafficking.
The trial judge imposed an 18-month conditional sentence and ordered the forfeiture of the house where the grow operation was located, finding it was purchased for the sole purpose of growing marihuana.
The Court of Appeal upheld the forfeiture order.
The Supreme Court of Canada dismissed the appeal, holding that forfeiture orders should be approached independently of the broader sentencing inquiry and that full forfeiture of the property was not disproportionate under the Controlled Drugs and Substances Act.
