Law360 Canada ( November 3, 2021, 6:38 AM EDT) -- Appeals by Fan and Ling from conviction and sentence for possession of marihuana, possession of marihuana for the purposes of trafficking and production of marihuana. The appellants were involved in a large-scale cannabis grow operation located at Fan’s farm. Fan leased greenhouses on his farm to a third party to produce the cannabis. Ling acted as a gardener for the cannabis plants. Although there were multiple Health Canada licences on-site that authorized cannabis production, neither appellant was a named licence-holder and none of the licences designated the farm as an authorized production or storage site. The appellants asserted a defence of honest but mistaken belief that the grow operation was properly licensed. They relied on the licences, notarized statutory declarations that purported to transfer the licences to the farm property, and assurances from third parties, none of whom were lawyers or state officials, that the documents were legitimate. The trial judge found that, even if the appellants were truly mistaken about the legality of their operation, it was a mistake of law, not a mistake of fact. She found the appellants guilty and sentenced Fan to imprisonment for 20 months and Ling for 15 months. Fan, 54, had no criminal record. Ling, 27, also had no prior criminal record. Both had positive Pre-Sentence Reports. Both appellants potentially faced adverse immigration consequences because of their convictions and sentence. The appellants argued the trial judge erred in concluding that their misunderstanding was a mistake of law rather than a mistake of fact. The appellants argued the sentences were disproportionate and that the judge erred in considering the risk of violence and risk to members of vulnerable groups as aggravating factors and misapplied the parity principle....