The offender pleaded guilty to drug trafficking offences and was sentenced to imprisonment.
The trial judge found the offender had received at least $150,000 from the crimes but had squandered it.
Taking the offender's ability to pay into account, the trial judge imposed a $20,000 fine instead of a forfeiture order under s. 462.37(3) of the Criminal Code.
The Court of Appeal upheld the fine.
The Supreme Court of Canada allowed the Crown's appeal, holding that a court's discretion under s. 462.37(3) is limited and does not permit consideration of an offender's ability to pay when deciding whether to impose a fine or determining its amount.
The Court ordered a fine of $150,000.
