The offender was convicted after trial of importing approximately 20.2 kilograms of marihuana into Canada contrary to s. 6(1) of the Controlled Drugs and Substances Act.
The offender acted as a courier and had no criminal record, stable employment, and positive community involvement, but showed no remorse and committed the offence while accompanied by a young child.
The court reviewed authorities addressing sentencing ranges for cannabis importation and distinguished the sentencing approach for marihuana from harder drugs such as cocaine, noting the domestic supply and lower relative harm.
Despite recognizing a sentencing range extending as low as 12 to 15 months in appropriate cases, the court found that the large quantity and commercial nature of the importation warranted a custodial sentence.
A conditional sentence was rejected due to the significant quantity involved and the need for denunciation and general deterrence in border importation offences.
