On a sentence appeal, the Court considered a constitutional challenge to the one-year mandatory minimum in s. 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act for repeat trafficking-related offences.
The majority held provincial court judges may decide constitutionality in matters before them, although they cannot issue formal s. 52(1) declarations.
Applying the reasonable hypothetical framework, the Court found the provision captured less blameworthy offenders and could impose grossly disproportionate punishment contrary to s. 12 of the Charter.
The infringement was not justified under s. 1, and the Court declined to decide s. 7 after resolving the appeal under s. 12.
The appeal was allowed and the 12-month sentence restored.
