Summary

Keywords

Criminal law — Sentencing — Considerations — Aboriginal offender — Whether the Court of Appeal erred when it held that the sentencing judge adequately considered Gladue principles —Whether the Court of Appeal erred when it held that the sentencing judge properly considered the gravity of the offence.

Summary

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The RCMP executed a search warrant on a seven acre rural property in British Columbia that was occupied by the applicant and others. A large, well established and sophisticated commercial marihuana grow operation was discovered on the property of approximately 4,200 marihuana plants in various stages of growth. Three individuals associated with the property held licences to grow marihuana for personal medical use. Together, those licences only covered about 530 550 plants. The applicant had been part of a group seeking to obtain a lawful production licence, but that application was rejected in 2014. A document authored by the applicant and seized during the search reflected a harvest of 44.5 pounds of marihuana that was sold for $93,600. The applicant was convicted of producing, and possessing marihuana for the purpose of trafficking. The applicant was sentenced to 12 months’ imprisonment. His sentence appeal was dismissed.

Lower Court Rulings