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The court restored a forfeited residential property to its registered owner, finding she was innocent of any complicity in her son's concealed marijuana grow operation.
Following the defendant's guilty plea to production of marijuana and possession for the purpose of trafficking, the Crown brought a forfeiture application under section 16 of the Controlled Drugs and Substances Act for the residential property where the grow operation was discovered.
The registered owner, the defendant's mother, sought restoration of the property under section 19(3) of the CDSA, arguing she was innocent of any complicity or collusion.
The court found the evidence of her knowledge and involvement was exceedingly weak and granted her application for restoration, finding she appeared innocent of complicity or collusion in the offence.
