V. Goela

The applicant, having been convicted of offences under the Immigration and Refugee Protection Act and having had her appeals dismissed, applied for a writ of habeas corpus alleging unlawful detention.

The court applied the two-part test from R. v. Olson and found no reasonable and probable grounds for the complaint.

The grounds raised had either been previously dismissed at trial and on appeal, or were the subject of a pending application to re-open her appeal.

The application was dismissed.

The defendants were convicted of possession of GBL for the purpose of producing GHB and possession of Ketamine for the purpose of trafficking.

The Crown sought 8.5 years of incarceration, while the defendants sought 4 to 5 years.

The court found the operation to be a mid-level commercial enterprise involving significant quantities of 'date rape' drugs.

Emphasizing denunciation and deterrence, the court sentenced each defendant to a total of 6 years of incarceration, declining to grant Downes credits or reduce the sentence based on potential immigration consequences.