in s. 7(2)(b)( i) and ( ii) (for production of more than five and less
than 201 plants), which were not applicable to Mr. Vu (1,020
plants). Mr. Vu, on the other hand, submits that the Vu sentencing judge erred in finding that s. 7(2)(b)( i) and ( ii) are severable
from the balance of s. 7(2)(b) and in failing to strike down the
 The Crown seeks leave to appeal the ten-month sentence
imposed on Ms. Pham (1,110 plants) and asserts that the Pham
sentencing judge erred in holding s. 7(2)(b)( v) and ( vi) (two
and three-year mandatory minimum sentences for more than
500 plants) and s. 7(3)(c) (statutory aggravating factor) unconstitutional.
 Mr. Li seeks leave to appeal the 12-month mandatory
minimum sentence imposed on him and asserts the sentencing
judge erred in failing to declare unconstitutional s. 7(2)(b)( iii)
(the mandatory minimum sentence for production of more than
200 and less than 501 plants).
 The issues raised on these grouped appeals overlap. For
the sake of clarity, I will address each appeal separately. For
reasons that I will explain, I would dismiss the Crown’s appeal
in Pham and uphold the declarations that ss. 7(2)(b)( v), ( vi) and
7(3)(c) of the CDSA are unconstitutional. That conclusion will
make it unnecessary to separately address the constitutional
issues raised by Mr. Vu and Mr. Li.
 I would dismiss the Crown’s appeal in Vu. My conclusion
in respect of the Pham appeal governs the constitutional arguments in relation to ss. 7(2)(b)( v), ( vi) and 7(3)(c). The Crown has
not demonstrated that it has an appeal route to this court relating to their s. 7(2)(b)( i) and ( ii) argument as the declarations of
invalidity in relation to those sections had no impact on the
sentence Mr. Vu received. As Mr. Vu has now completed his sentence, I would dismiss his sentence appeal as moot.
 I would allow Mr. Li’s appeal and reduce his sentence
from 12 months’ imprisonment to six months’ less one day.
 Before turning to the individual appeals, I will briefly
review the s. 12 analytical framework, the s. 7(1) CDSA offence
and the mandatory minimum sentencing provisions at issue.
I will also briefly review the regulatory regimes that authorize
production of marijuana in certain circumstances.
B. The S. 12 Analytical Framework
 Section 12 of the Charter provides that “[e]veryone has
the right not to be subjected to any cruel and unusual treatment