Mandatory minimum imprisonment for cannabis cultivation of 6 to 200 cannabis plants "grossly disproportionate", "unconstitutional"
"The Court affirmed the sentencing judge’s conclusion that s. 7(2)(b)(i) is an unconstitutional violation of s. 12 of the Charter and is of no force and effect pursuant to s. 52 of the Constitution Act, 1982"
On appeal from: An order of the Supreme Court of British Columbia, dated May 4, 2016 (R. v. Elliott, 2016 BCSC 1135, Kelowna Docket 78741)
Counsel for the Appellant: P.A. Eccles
Counsel for the Respondent: J.W. Conroy, Q.C.and M.J. Jackson
Place and Date of Hearing:Kelowna, British Columbia January 31, 2017
Place and Date of Judgment: Vancouver, British Columbia June 9, 2017