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A Toronto area man caught with 93 kg of pungent pot in his pickup during a routine Leamington OPP traffic stop four years ago was sentenced this week to half a year of house arrest.
But while his punishment means no time in jail, Wenhao Chi’s conviction for possession of cannabis for the purpose of distribution means the Scarborough man could be shipped back to his native China.
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Chi’s permanent resident status in Canada was mentioned at his sentencing on Tuesday before Superior Court Justice Brian Dube.
Referring to the gravity of the offence and the need for the court to send a message of denunciation and deterrence to others, the Crown had sought a jail term of nine to 12 months. The prosecution pointed to the “significant amount” of seized pot — suggesting greed as a motivating factor — as well as the fact it took a “relatively lengthy trial” to convict Chi, now 36.
The defence was seeking a suspended sentence with 12 months probation and 60 hours of community service, or else a six-month conditional sentence. Both the Crown and defence cited higher-court rulings to back up their positions.
While it took a criminal trial to convict, Dube pointed to Chi’s subsequent apology as well as his otherwise “pro-social life” and “good prospects for rehabilitation” in deciding in favour of greater leniency.
It’s not automatic that Chi gets sent back to his country of birth. But by imposing a sentence of not more than six months, the judge said the offender “retains his right to appeal” any deportation order.
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“If he had been sentenced to more than six months, there’s no right to appeal,” federal prosecutor Richard Pollock told the Star outside court. A suspended sentence, he added, and Chi “would have dodged deportation.”
Pollock wouldn’t say whether the prosecution might seek to appeal the sentence. “The Crown always considers whether an appeal is in the public interest,” he told the Star, adding the judge “gave considered thought … to all relevant sentencing objectives and principles.”
Chi and another woman, Minjin Yu, were driving in Leamington on Oct. 17, 2020, when their pickup was pulled over under the Highway Traffic Act for non-working taillights shortly after 11 p.m. The OPP officer detected a strong smell of cannabis. Two open bins were in the back seat, while more bins were subsequently discovered in the covered bed of the pickup.
The trial heard expert evidence suggesting the 92.6 kg of fresh pot seized was the equivalent of 18.5 kg of dried cannabis. The trial concluded Chi was transporting the illicit drug. The judge cited the defence’s position that marijuana is “one of the softer drugs” and there was no evidence he was part of any larger or sophisticated drug-trafficking operation.
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Yu was charged with the same Cannabis Act offence, but Pollock told the court on Monday the Crown had dismissed its case against the co-accused.
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Chi, who immigrated to Canada with his parents and brothers in 2012, has no spouse or children. A Scarborough resident, the court heard he has no criminal record, “a good work ethic” and is a store business manager in Hamilton.
In addition to his six-month conditional sentence, Chi was ordered to perform 60 hours of community service. Outside of five hours every Saturday to cover “the necessities of life” (like shopping for groceries), he must remain at home except for work, religious services and approved appointments.
The judge gave an additional exemption, on Jan. 28, from 11 p.m. to 1 a.m., to allow Chi to celebrate the Chinese New Year with his family.
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