When sentencing for possession or attempted possession of a border controlled drug, evidence relevant to the process of importation may be taken into account insofar as it is also relevant to the possession charge, but care must be taken not to make findings of fact constituting proof of importation — a distinct and uncharged offence. The Crown's approach of seeking findings that an offender was 'running a drug importation operation' when only possession is charged risks leading the sentencing judge into De Simoni error. Pre-Olbrich authorities permitting consideration of the 'entire transaction' must be treated with caution.
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