the mandatory minimums applicable to Mr. Vu. Under s. 676(1)
of the Criminal Code, the Crown’s sole appeal route in this matter is with respect to sentence, with leave. As the declarations of
invalidity did not, and could not, play a role in the sentencing
decision the Crown challenges, I fail to see how they are the
proper subject matter of a Crown sentence appeal to this court.
 In the result, I would grant the Crown’s request for leave
to appeal the Vu sentence but dismiss the appeal.
G. Li Appeal (475 Plants)
 On May 18, 2013, police executing a search warrant at a
house in Oshawa found Mr. Li in the basement, exiting one of
four marijuana grow rooms. Mr. Li was the only person in the
 The basement contained at least 475, but less than 500
marijuana plants. It was not disputed that the home was used
exclusively for the purpose of running a grow operation.
 On December 14, 2015, following a five-day trial, a jury
found Mr. Li guilty of one count of production of marijuana and
one count of possession for the purpose of trafficking.
 At the sentencing proceedings, Mr. Li brought a
s. 12 Charter application, challenging the constitutionality of
s. 7(2)(b)( iii) of the CDSA, which imposes a 12-month mandatory
minimum for producing more than 200 but less than 501 marijuana plants.
 The Li sentencing judge [ O.J. No. 1371] dismissed
the application, holding that the mandatory minimum was neither grossly disproportionate in relation to Mr. Li nor to the reasonable hypotheticals. She found [at para. 25] that Mr. Li’s
proven involvement in the grow operation was “at the lowest
possible end of the spectrum” and concluded that the appropriate sentencing range was six to 12 months’ imprisonment. She
also stated that, in light of the immigration consequences to Mr.
Li, had she had the discretion to do so, she would be inclined to
sentence him to six months’ less one day to avoid a finding
of “serious criminality” under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, and prevent his near certain deportation. On March 11, 2016, she sentenced Mr. Li to the
mandatory minimum 12 months’ imprisonment for production of
marijuana (359 days in addition to six days’ time served) and
five months’ concurrent for possession of marijuana for the purpose of trafficking.
 Mr. Li seeks leave to appeal sentence and submits that
the sentencing judge erred in failing to strike down s. 7(2)(b)( iii)
of the CDSA as contrary to s. 12 of the Charter.