The defendant pleaded guilty to possession, purchase, or receipt of unmarked cigarettes for the purpose of sale contrary to Section 29(1) of the Tobacco Act.
The Crown sought a fine of $29,819.00 plus 15 months probation.
The defendant sought a suspended sentence with two years probation.
The court imposed a suspended sentence with two years probation, finding exceptional circumstances warranting relief from the statutory minimum fine of $89,959.25 under Section 59(2) of the Provincial Offences Act.
The court considered the defendant's financial hardship, unemployment due to vision loss, administrative penalties totaling $161,310.26, and the fact that the defendant was a delivery person rather than the primary actor in the scheme.
