R. v. Boudreau

R. v. Boudreau

The court held s.7(2)(b)(i) CDSA (six-month mandatory minimum for producing 6-200 cannabis plants for the purpose of trafficking) is grossly disproportionate as applied to Boudreau given his low moral blameworthiness, small non-commercial home grow and distribution to friends, and therefore infringes s.12 of the Charter; the provision was refused application in this case and a fit sentence of $3,000 fine and 12 months probation was imposed.

Citation
2018 NSPC 19
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Andre Lyle Boudreau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 April 2018
Procedural Posture
Criminal / Guilty Plea and Sentencing; S.12 Charter Challenge
Outcome
Court found s.7(2)(b)(i) CDSA violates s.12 of the Charter as applied to this offender and refused to apply the six-month mandatory minimum; imposed a fit sentence of a $3,000 fine and 12 months probation.
Legal Topics
Mandatory Minimums, Cruel and Unusual Punishment (s.12 Charter), Sentencing, Constitutional Notice (s.8 Cdsa)
Source Language
English
Criminal Law Constitutional Law Controlled Drugs and Substances Act Mandatory Minimums Cruel and Unusual Punishment (s.12 Charter) Sentencing Constitutional Notice (s.8 Cdsa)

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Parties

Her Majesty the Queen

Crown/prosecution

Andre Lyle Boudreau

Accused/defendant

Procedural Posture

Criminal / Guilty Plea and Sentencing; S.12 Charter Challenge

Legal Issues

  1. 1 Does s.7(2)(b)(i) of the CDSA contravene s.12 of the Charter?
  2. 2 Whether a six-month mandatory minimum is grossly disproportionate in the circumstances of this offender
  3. 3 What sentence is fit and proportionate absent the mandatory minimum

Ratio Decidendi

The court held s.7(2)(b)(i) CDSA (six-month mandatory minimum for producing 6-200 cannabis plants for the purpose of trafficking) is grossly disproportionate as applied to Boudreau given his low moral blameworthiness, small non-commercial home grow and distribution to friends, and therefore infringes s.12 of the Charter; the provision was refused application in this case and a fit sentence of $3,000 fine and 12 months probation was imposed.

Court Disposition

Court found s.7(2)(b)(i) CDSA violates s.12 of the Charter as applied to this offender and refused to apply the six-month mandatory minimum; imposed a fit sentence of a $3,000 fine and 12 months probation.

Orders

  • Fine of $3,000 (imposed)
  • Probation for 12 months (imposed)