Peter R. Hamm

The offender was convicted of cocaine trafficking and related offences, receiving a 6.5-year sentence.

The Crown appealed, arguing the sentencing judge erred in interpreting aggravating factors under the CDSA and in refusing a half-parole order.

The offender cross-appealed, seeking pre-trial custody credit for time spent in custody on unrelated charges that were later stayed.

The Court of Appeal dismissed both appeals, finding the sentencing judge properly weighed the aggravating factors, appropriately exercised discretion regarding parole eligibility, and correctly refused to credit time served on unrelated charges.

Following the release of the court's reasons for judgment, the court received written submissions regarding the costs of the forfeiture hearing.

The court awarded the respondent costs of the forfeiture hearing fixed at $40,000, inclusive of disbursements and HST.

The Attorney General appealed the dismissal of an application for civil forfeiture of a residential property under s. 8(1) of the Civil Remedies Act.

The property owner's son had used the property for a marijuana grow operation and drug trafficking.

The application judge dismissed the forfeiture, finding an unexplained six-year delay by the Attorney General.

The Court of Appeal found the application judge erred in his findings on delay and by ignoring the lack of a limitation period under s. 8(5).

However, conducting a fresh analysis, the Court of Appeal upheld the dismissal, finding that forfeiture would clearly not be in the interests of justice because the owner was not complicit, did not profit from the crimes, and had made significant efforts to help his son overcome his drug addiction.