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The court granted relief from a statutory minimum fine for possessing unmarked cigarettes, imposing a suspended sentence due to the offender's severe financial hardship.
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.
