The appellant pleaded guilty to producing marihuana in her home.
The trial judge imposed a conditional sentence and a fine, declining to order forfeiture of her home.
The Court of Appeal set aside the fine and ordered forfeiture, holding that forfeiture and imprisonment should be considered together as a global punishment.
The Supreme Court of Canada allowed the appeal and set aside the forfeiture order, holding that the forfeiture inquiry under s. 19.1(3) of the CDSA is a discrete and distinct inquiry from sentencing, and that partial forfeiture of real property may be ordered.
