Canadian Drug Policy Coalition intervenes in appeal concerning sentencing principles that apply to people who depend on drugs
August 16, 2022
On August 16, 2022, McCarthy Tétrault represented the intervener Canadian Drug Policy Coalition (“CDPC”) in an appeal concerning the sentencing principles that apply to drug-dependent people who sell drugs on the street to ensure their own supply.
In R. v. Ellis, 2022 BCCA 278, the B.C. Court of Appeal expressly adopted CDPC’s submission that sentencing judges may order a sentence outside the range identified by a higher court whenever necessary to achieve a fit and proportionate sentence. The court also accepted that community-based, non-custodial sentences may be appropriate for drug-dependent people who sell drugs on the street to ensure their own supply, and for whom a community-based sentence carries the greatest potential for rehabilitation and avoiding harm.
McCarthy Tétrault represented CDPC with a team led by Michael A. Feder, K.C. that included Connor Bildfell (Litigation).