The accused, Hai Thi Pham, was convicted of producing marijuana and possession for the purpose of trafficking.
She challenged the two and three-year mandatory minimum sentences under the Controlled Drugs and Substances Act (CDSA) as violating s. 12 of the Canadian Charter of Rights and Freedoms.
The court found both mandatory minimums grossly disproportionate in reasonably foreseeable hypothetical scenarios involving licensed production and mistakes of law, and thus unconstitutional under s. 12 and not saved by s. 1.
Consequently, the court imposed a 10-month custodial sentence, followed by 18 months probation, a 10-year firearms prohibition, and forfeiture of grow-op equipment, considering aggravating factors (large commercial operation, public safety hazard, property damage) and mitigating factors (first offender, family, mental health issues, sentencing delay).
