The offender was found guilty of production of marijuana and possession for the purpose of trafficking after police discovered 818 marijuana plants in a residential grow operation.
The offender, who acted as a caretaker or gardener, challenged the constitutionality of the two-year mandatory minimum sentence under s. 7(2)(b)(v) of the Controlled Drugs and Substances Act.
The court found that while the mandatory minimum was not grossly disproportionate for this specific offender, it violated s. 12 of the Charter based on reasonably foreseeable hypothetical scenarios involving licensing infractions.
The mandatory minimum was struck down, and the offender was sentenced to 12 months' imprisonment.
