The accused pled guilty to producing marijuana and possessing marijuana for the purpose of trafficking after police found a 239-plant grow operation in his basement.
He brought a Charter application challenging the constitutionality of the one-year mandatory minimum sentence under s. 7(2)(b)(iii) of the Controlled Drugs and Substances Act.
The court found that while the minimum sentence was not grossly disproportionate for the accused himself, it would be grossly disproportionate in reasonably foreseeable hypothetical scenarios, such as a licensed producer making an honest mistake of law or a family member providing minor assistance.
The court declared the mandatory minimum provision unconstitutional under s. 12 of the Charter and found it could not be saved by s. 1.
