Ronald C. Reimer

On a criminal appeal concerning party liability for cocaine trafficking, the appellants challenged convictions entered after the appellate court set aside acquittals.

The court held that, on the trial judge's factual findings, aiding and abetting through protective conduct for the distribution operation was established.

The reasons accepted that the appellants' acts hindered interference and provided assistance and encouragement to the principal offender.

The court affirmed the appellate disposition and dismissed both appeals.

The appellant, a non-citizen convicted of drug offences, was sentenced to two years' imprisonment pursuant to a joint submission.

Neither counsel nor the Crown had advised the sentencing judge that a two-year sentence would strip the appellant of his right to appeal a removal order under the IRPA.

The Supreme Court held that collateral immigration consequences are a relevant factor in sentencing, flowing from principles of individualization and parity, but must not be allowed to skew the sentencing process or produce artificial sentences.

Since the Crown conceded the sentence should be reduced by one day and both sentences fell within the fit range, the Court allowed the appeal and reduced the sentence to two years less a day.