Following the overruling of R v Clark in Parente v R, sentences imposed on the basis that drug trafficking in any substantial degree requires full-time imprisonment unless exceptional circumstances exist are liable to be set aside. On resentence, however, the same sentence may be warranted on proper sentencing principles. Residential rehabilitation may constitute quasi-custody warranting backdating of a sentence at approximately 50% of the rehabilitation period, but the onus is on the offender to establish the quasi-custodial nature of the conditions.
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