Top Court Allows Grow Op Operator To Keep House

TOP COURT STRIKES DOWN FORFEITURE OF HOME

The Supreme court of Canada ruled on Thursday that a Vancouver woman who operated a small grow op should not lose her home as the law is far more punitive than necessary.
Judy Ann Craig(a former real estate agent) was convicted of cultivation of marijuana for the purpose of trafficking for growing 186 marijuana plants in her basement which she mostly consumed or sold to friends who were sick or dying of AIDS.
The Supreme Court ruled that Canadas’ forfeiture law( in this case)was for more aggressive than it needed to be and that the size of the operation was of some factor. Ms. Craig by the time she arrived at trial had as well been ordered by Revenue Canada to pay back taxes on her income earned from growing marijuana. She was ordered to pay more than $250,000.00 in taxes based on Revenue Canadas’ assessment.
Craigs’ lawyer stated that
“punitive forfeiture is a relevant consideration in determining the appropriate sentence, since it is the global punishment that must fit the crime.”
The Supreme court felt that the law was not applied evenly and that people who owned property were in a better position to trade off property for a reduced sentence compared to a person that owned no property and rented instead.
Mr Rubin(Craigs’ lawyer) stated that “Not every grow operation is going to play a significant role in the distribution of drugs. This is a woman who had refused to get involved with the Hells Angels and chose to sell to friends and people who had AIDS.”
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