The appellants appealed a sentence imposed by the Superior Court of Justice.
The application judge declined to consider the issue of proportionality in relation to forfeiture.
The Crown argued that the factual findings made forfeiture the only available result.
The Court of Appeal disagreed, finding that the application judge was required to consider proportionality in accordance with s. 19.1(3) of the Criminal Code.
The court determined it was not in a position to conduct its own proportionality analysis given the multiple factors required to be considered under R. v. Craig.
The appeal was allowed and a new hearing on forfeiture was ordered.
