Edward Smith, a twenty-seven-year-old man with multiple convictions for drug-related offences, was arriving back in Canada from Bolivia.

To assess the provision the court should consider both the gravity of the offence, the particular facts of the case, as well as the offender's personal characteristics.

Lamer speculated that even a young person caught bringing a single joint across the border will be subject to the sentencing provision.

On applying the section 1 test to the violation, it was found that the provision was rationally connected to the pressing objective of deterring drugs importation, but it failed to be proportional.

The standard for cruel and unusual punishment should be based on public outrage and the degradation of the offenders dignity, none of which was found.