The offender was convicted of production of marijuana and possession for the purpose of trafficking after being found acting as a gardener in a commercial grow operation with nearly 500 plants.
He brought a constitutional challenge arguing that the one-year mandatory minimum sentence under s. 7(2)(b)(iii) of the Controlled Drugs and Substances Act violated s. 12 of the Charter, primarily because it would result in his deportation.
The court dismissed the application, finding that a one-year sentence was within the appropriate range for the offence and was not grossly disproportionate for the offender or a reasonable hypothetical offender.
