The defendant pleaded guilty to importing 14 kilograms of hashish, a Schedule II substance, contrary to section 6(1) of the Controlled Drugs and Substances Act.
At sentencing, the defendant sought a judicial exception from the operation of section 6(3)(a) of the CDSA and section 742.1(c) of the Criminal Code, which precluded him from receiving a conditional sentence.
The defendant challenged these provisions as arbitrary, overbroad, and contrary to sections 7 and 12 of the Charter.
The court found that section 6(3)(a) of the CDSA is overbroad contrary to section 7 of the Charter and cannot be saved by section 1.
The court also found that the combined operation of section 6(3)(a) of the CDSA and section 742.1(c) of the Criminal Code infringes section 7 of the Charter in an overbroad manner and is not saved by section 1.
The defendant was granted a judicial exception permitting him to seek a conditional sentence.
