It was "unusual" because of its extreme nature. Finally, as far as arbitrariness may arise in the actual sentencing process, judicial error will not affect constitutionality and would, ordinarily, be correctable on appeal. December 31, 1979. First, the objective, which the measures responsible for a limit on a. Adopting Laskin C.J. expressed the view that a conjunctive reading of the words was required, while Laskin C.J., speaking for the minority (Laskin C.J., Spence and Dickson JJ. R. v. Smith (1980), 1 Sask.R. R v Nicholls (1874) A person who has undertaken to care for a helpless and infirm relative who has become dependent on him may be held to owe a duty. A. P. Serka and Ann Cameron, for the appellant. The protection offered by s. 12 of the Charter governs the quality of the punishment and is concerned with the effect that the punishment may have on the person on whom it is imposed. Given this concession and my conclusion that the minimum is of no force or effect, I would so order. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The effect of the sentence is often a composite of many factors and is not limited to the quantum or duration of the sentence but includes its nature and the conditions under which it is applied. In my opinion, however, this rationale should apply in general only to laws which could be saidto adopt a term known in American constitutional usageto have a "chilling effect" upon the exercise by others of their constitutional rights. 2), R v [1971] 1 WLR 901; Wain, R v [1995] 2 Cr App Rep 660; Welsh, R v (1974) RTR 478; Subscribe on YouTube. On more than one occasion the courts in Canada have alluded to a further factor, namely, whether the punishment was arbitrarily imposed. 16) 52, U.N. Doc A/6316 (1966), art. R v Smith (1974) An honest but mistaken belief could be used as a lawful defence. Many of these standards were also either implicitly or explicitly adopted by Laskin C.J. One went upstairs and took some jewellery from her bedroom. Co. Ct.); Watts v. Indiana, 338 U.S. 49 (1949); Roncarelli v. Duplessis, 1959 CanLII 50 (SCC), [1959] S.C.R. In such a case it would then be incumbent upon the authorities to demonstrate under s. 1 that the importance of that valid purpose is such that, irrespective of the effect of the legislation, it is a reasonable limit in a free and democratic society. It is said that he had a lawful excuse by reason of his belief, his honest and genuinely held belief that he was destroying property which he had a right to destroy if he wanted to. In coming to this conclusion no assumption is made as to whether the mandatory minimum sentence provision in s. 5(2) might be restructured in such a manner, with distinctions as to nature of narcotic, quantities, purpose and possibly prior conviction, as to survive further challenge and still be a feasible and workable legislative alternative with respect to the suppression of a complex and multifaceted phenomenon. Smiths defence was that he had an honest belief the property was his. They failed to diagnose that his lung had been punctured. Of course because we live in a free, democratic and progressive society, cruelty and gross discrepancy of treatment of those we punish has generally, under the rule of law, been kept in check through legislation imposing limitations on what we can do to others under the law and through the development of elaborate sentencing guidelines and review through appeals. The purported certificate in the present case is a nullity being granted in excess of jurisdiction. The minimum sevenyear imprisonment fails the proportionality test enunciated above and therefore prima facie infringes the guarantees established by s. 12 of the Charter. A person convicted of importing a narcotic under s. 5 of the, I turn then to the second test which, of course, overlaps the first in some respects. I do not think it wise to address s. 9 without the benefit of the views of the courts below with regard to its relationship to s. 7. Sometimes by its length alone or by its very nature will the sentence be grossly disproportionate to the purpose sought. The jurisdiction of the judge of the court of trial in relation to the grant of a certificate under that section extends only to grounds which are questions of fact or mixed law and fact. Added to that potential is the, The appellant returned to Canada from Bolivia with seven and a half ounces of 85 to 90 percent pure cocaine secreted on his person. A guilty verdict under s. 5(1), however, will inevitably lead to the imposing of a totally disproportionate term of imprisonment for s. 5(1) covers many substances of varying degrees of danger, totally disregards the quantity imported and treats as irrelevant the reason for importing and the existence of any previous convictions. (2d) 401; R. v. Bruce, Wilson and Lucas (1977), 1977 CanLII 1967 (BC SC), 36 C.C.C. 9092; Levitz v. Ryan, 1972 CanLII 399 (ON CA), [1972] 3 O.R. Sentencing Reform: A Canadian Approach. To place stress on the words "to outrage standards of decency" is not, in my view, to erect too high a threshold for infringement of s. 12. I know of no reported instances where the courts invoked that part of s.10 of the English Bill of Rights. I do not think it wise to address s. 9 without the benefit of the views of the courts below with regard to its relationship to s. 7. I am in general agreement with McIntyre J. A punishment might fail the test on either ground. I help people navigate their law degrees. The husband has no legal right enforceable in law or in equity to stop his wife having this abortion or to stop the doctors from carrying out the abortion. 11. Smith's appeal was dismissed by the Court of Appeal for British Columbia ((1984), 1984 CanLII 663 (BC CA), 11 C.C.C. Universal Declaration of Human Rights, G.A. 152, 68 C.C.C. I help people navigate their law degrees. Many of these principles have already found their way into Canadian jurisprudence, particularly the early decisions interpreting the cruel and unusual punishment clause of the Canadian Bill of Rights. Dist. The section cannot be salvaged by relying on the discretion of the prosecution not to charge for importation in those cases where conviction, in the opinion of the prosecution, would result in a violation of the Char ter. In my view, in its modern application the meaning of "cruel and unusual treatment or punishment" must be drawn "from the evolving standards of decency that mark the progress of a maturing society", That is because there are social and moral considerations that enter into the scope and application of s. 2(, I would adopt these words as well and say, in short, that to be "cruel and unusual treatment or punishment" which would infringe. The following constitutional question which was stated by the Chief Justice is, as a result of appellant's having abandoned all others at the hearing, the only issue in this Court: Whether the mandatory minimum sentence of seven years prescribed by s. 5(2) of the Narcotic Control Act, R.S.C. To this end, attention must be given to the public attitudes concerning a particular sentence history and precedent, legislative attitudes, and the response of juries reflected in their sentencing decisions are to be consulted. Punishment not per se cruel and unusual, may become cruel and unusual due to excess or lack of proportionality only where it is so excessive that it is an outrage to standards of decency. Each of the nine members of the United States Supreme Court wrote separate reasons, the majority holding that the imposition of the death penalty under a variety of state statutes constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution. In my opinion the words "cruel and unusual" as they are employed in s. 2(b) of the Bill of Rights are to be read conjunctively and refer to "treatment or punishment" which is both cruel and unusual. Report of the Canadian Sentencing Commission. There is no dispute that the roofing, wall panels and floor boards became part of the house and, in law, the property of the landlord. Absent the minimum, the section still has the potential of operating so as to impose cruel and unusual punishment. Also, though I get some support from what I have been saying from the reasoning of the decision in Smith (D.R. R. v. Smith (No. Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of "sufficient importance". The trial judge directed the jury to acquit. However, it is not necessary to sentence the small offenders to seven years in prison in order to deter the serious offender. I agree with the respondent that the legislation's purpose is the initial test of constitutional validity and its effects are to be considered when the law under review has passed or, at least, has purportedly passed the purpose test.Thus, if a law with a valid purpose interferes by its impact, with rights or freedoms, a litigant could still argue the effects of the legislation as a means to defeat its applicability and possibly its validity. FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. The Court of Appeal for Ontario ((1976), 1976 CanLII 600 (ON CA), 30 C.C.C. Take a look at some weird laws from around the world! (2d) 158 (B.C.S.C. The test of proportionality must be applied generally and not on an individual basis. In R v Smith [1974] 1 All ER 376, the only reported case involving prosecution under the Abortion Act 1967, the evidence indicated that the doctor had failed to carry out an internal examination and had made no inquiries into her personal situation. After a review of statistics and other data, McIntyre J.A. 384, 13 C.C.C. Than in 1972 the Appellant gave notice to quit and asked the landlord to allow the Appellant's brother to remain as tenant of the flat. Summary: This case arose out of a charge of first degree murder. It would not be permissible to impose a punishment which has no value in the sense that it does not protect society by deterring criminal behaviour or serve some other social purpose. Res. The, In imposing a sentence of imprisonment, the judge will assess the circumstances of the case in order to arrive at an appropriate sentence. A punishment will be cruel and unusual and violate s. 12 of the Charter if it has any one or more of the following characteristics: (1)The punishment is of such character or duration as to outrage the public conscience or be degrading to human dignity; (2)The punishment goes beyond what is necessary for the achievement of a valid social aim, having regard to the legitimate purposes of punishment and the adequacy of possible alternatives; or. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. With the landlords permission, he installed some sound equipment and soundproofing material. Sentencing, at the best of times, is an imprecise and imperfect procedure and there will always be a substantial range of appropriate sentences. Yet the judge has no alternative under the section. [Emphasis added.]. 10. The law of England gives him no such right; the Abortion Act 1967 contains no such provision. Facts: The defendant, an assistant at an electrical shop, was asked by an acquaintance to supply goods (16,000) in exchange for two building society cheques that the defendant knew were stolen. But that would only occur if and when a judge chose to impose, let us say, seven years or more on the "small offender". (2d) 438, at p. 445; Re Mitchell and The Queen (1983), 1983 CanLII 1856 (ON SC), 6 C.C.C. I am unable, however, with great respect, to agree with his conclusion that the mandatory minimum sentence of seven years' imprisonment in s. 5(2) of the Narcotic Control Act does not infringe the right guaranteed by s. 12 of the Charter. 16) 52, U.N. Doc. Subscribers are able to see a visualisation of a case and its relationships to other cases. A punishment failing to have these attributes would surely be cruel and unusual. [para. All that Parliament has done is to conclude that the gravity of the offence alone warrants a sentence of at least seven years' imprisonment. Co. Ct.), at p. 209; and by the Ontario Court of Appeal in Shand, supra, where Arnup J.A., writing for the court, stated at pp. (2d) 343 (Que. Indeed, little or nothing was really argued as regards s. 7, while argument under s. 9 was rather limited. Subscribers are able to see a list of all the documents that have cited the case. In Phillips v. Irons 354 Ill. App. I should add that I do not wish this manner of disposition to be taken as any indication whatsoever of what I may think the appropriate sentence in this particular case might be. I am said to have adopted a disjunctive meaning in my, , (see, for example, W. S. Tarnopolsky, "Just Deserts or Cruel and Unusual Treatment or Punishment? 81 (GD), (1979), 1 Sask.R. In that case, it was decided that the seven day minimum sentence mandatorily imposed by the Motor Vehicle Act, R.S.B.C. The Charter limits this power: s. 7 provides that everyone has the right not to be deprived of life, liberty and security of the person except in accordance with the principles of fundamental justice, s. 9 provides that everyone has the right not to be arbitrarily detained or imprisoned, and s. 12 guarantees the right not to be subjected to any cruel and unusual treatment or punishment. Constitution of the United States of America, Eighth Amendment, Fourteenth Amendment. Oxford v Moss (1979) 68 Cr App R 183. If that prohibition is not confined within definite limits, if it may be invoked by the courts on an individual casebycase basis according to judicial discretion, then what is cruel and unusual in respect of "A", on one occasion, may become acceptable in respect of "B" on another occasion. The object was to reduce drug addiction by making it hazardous and costly to deal in drugs. At the conclusion of the trial the Deputy Circuit Judge purported to grant a certificate under, section 1(2) of the Criminal Appeal Act 1968, The certificate reads: "I certify "that the case is a fit case for appeal on the ground that:-I directed the Jury that honest belief by the Defendant that the property damaged was his own and that he was therefore entitled to do the damage he did could not, as a matter of law be 'lawful excuse' notwithstanding the provisions of, Section 5 of the Criminal Damage Act 1971, It seems to me that the law is not clear.". 1. Borins Co. Ct. J. decided that the mandatory minimum of seven years' imprisonment imposed by s. 5(2) of the. ) L.R. it was so unusual as to be cruel and so cruel as to be unusual. 11]. Request a trial to view additional results, R. v. Turningrobe (R.A.), (2007) 409 A.R. Than in 1972 the Appellant gave notice to quit and asked the landlord to allow the Appellant's brother to remain as tenant of the flat. Does the punishment go beyond what is necessary for the achievement of a valid social aim, having regard to the legitimate purposes of punishment and the adequacy of possible alternatives? 2, c. 2, s. 10. 7, 9 and 12 thereof? The majority held that a sentence of death for rape would be grossly disproportionate and excessive and therefore cruel and unusual. (2d) 401; R. v. Shand (1976), 1976 CanLII 600 (ON CA), 30 C.C.C. ), at p. 53). Yet, there is a law in Canada, s. 5(2) of the Narcotic Control Act, R.S.C. Parole Act, R.S.C. But, Members of the Jury, I must direct you as a matter of law, and you must, therefore, accept it from me, that belief by the Defendant David Smith that he had the right to do what he did is not lawful excuse within the meaning Of the Act. (2d) 557 (N.W.T.S.C. Subsequently, the court heard Coker v. Georgia, 433 U.S. 584 (1977), which raised the question whether the death penalty for rape was cruel and unusual. In such a case the accused has an interest in having the sentence considered without regard to a constitutionally invalid mandatory minimum sentence provision. 3. However, a judge who would sentence to seven years in a penitentiary a young person who, while driving back into Canada from a winter break in the U.S.A., is caught with only one, indeed, let's postulate, his or her first "joint of grass", would certainly be considered by most Canadians to be a cruel and, all would hope, a very unusual judge. [Cite as Smith v. Smith, 2021-Ohio-1955.] I would answer the constitutional question as follows: QuestionWhether the mandatory minimum sentence of seven years prescribed by s. 5(2) of Narcotic Control Act, R.S.C. . It is this certainty, and not just the potential, which causes s. 5(2) to violate prima facie s. 12. (3d) 233 (B.C.C.A. Second, there are punishments that are unusual, signifying that they were previously unknown as penalties for a given offence [p. 331]. As I have tried to show, s. 12 was not designed or intended to fit the individual sentencing requirement for each individual; it was intended as an absolute right to all to be protected from that degree of excessive punishment and treatment which would outrage standards of decency. More v. The Queen, [1963] S.C.R. Relying heavily on American cases dealing with the Eighth Amendment of the Constitution of the United States, which provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted", and the analysis undertaken by McIntyre J.A. However, I wish to refer to the Report of the Canadian Sentencing Commission entitled Sentencing Reform: A Canadian Approach (1987), which gives some support to my conclusion. There has been a division of opinion in Canadian judicial and academic writing as to whether the words "cruel and unusual" should have a disjunctive or a conjunctive meaning. , G.A. What is unconstitutional for one must be unconstitutional for all when charged with the same offence. D believed the fixtures belonged to him. Therefore, rationality, the first prong of the proportionality test, has been met. 783. I think this to be a reasonable appraisal, in line with the duty of the Court not to whittle down the protections of the Canadian Bill of Rights by a narrow construction of what is a quasiconstitutional document. There will still be other offences and circumstances where the punishment will be based primarily upon the possi bilityof rehabilitation. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Everyone has the right not to be arbitrarily detained or imprisoned. Dickson C.J., speaking for the majority, stated the following at p. 138: To establish that a limit is reasonable and demonstrablyjustified in a free and democratic society, two central criteria must be satisfied. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. As far as arbitrariness may arise in the actual sentencing process, judicial error will not affect constitutionality and would, ordinarily, be correctable on appeal. 145; R. v. Big M Drug Mart Ltd., supra; Re B.C. S. David Frankel and James A. Wallace, for the respondent. Once Jordan was on the ground all three kicked him and demanded the heroin. Solicitor for the intervener: Attorney General for Ontario, Toronto. 1970, c. N1, is contrary to, infringes, or denies the rights and guarantees contained in the Canadian Charter of Rights and Freedoms, and in particular the rights contained in ss. Section 1 of the Criminal Appeal Act 1968 provides for an appeal against conviction on indictment, and subsection (2) of that section reads: "(2) The appeal may be - (a) on any ground which involves a question of law alone; and (b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal; but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.". 1970, c. N1, that gives no judge in the land any other choice. I should add that, in my view, the minimum sentence also creates some problems. and concluded that the section did not impose cruel and unusual punishment. o R v Instan 1893- niece failed to care for aunt after moving in during illness. The Court there found that the sevenyear minimum in s. 5(2) of the Narcotic Control Act, the same provision under consideration in this appeal, was "not so disproportionate to the offence that the prescribed penalty [was] cruel and unusual". [1974] 1 All ER 376if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Abortion Act 1968if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); IMPORTANT:This site reports and summarizes cases. Those nonusers, who import and traffic in such noxious drugs as heroin, are slave masters and responsible not only for the destruction of numerous human beings, but also for the very extensive criminal activity which is spawned by the drug trade. The debate between those favouring a restrictive application of the Canadian Bill of Rights, as a result of a great reluctance to interfere with the expressed intention of Parliament through the use of a nonconstitutional document, and those determined to give s. 2(b) greater effect culminated in this Court's decision in Miller and Cockriell v. The Queen, 1976 CanLII 12 (SCC), [1977] 2 S.C.R. 1970, c. C-34 - See paragraphs 23 to 27. The purpose of a given importation, such as whether it is for personal consumption or for trafficking, and the existence or nonexistence of previous convictions for offences of a similar nature or gravity are disregarded as irrelevant. On the facts, it was the accused's grandmother. R. v. Reynolds (1978), 44 C.C.C. Section 7 sets out broad and general rights which often extend over the same ground as other rights set out in the Charter. BLOG; CATEGORIES. (1978), 10 Ottawa L. Rev. It is apparent, and here no evidence is needed for we "should not be ignorant as judges of what we know as men" (Frankfurter J. in Watts v. Indiana, 338 U.S. 49 (1949), at p. 52), that the minimum sentence provided in s. 5(2) of the Narcotic Control Act has not reduced the illicit importation of narcotics to the extent desired by Parliament and probably no punishment, however severe, would entirely stem the flow into this country. Its function is to provide the constitutional outer limit beyond which Parliament, or those acting under parliamentary authority, may not go in imposing punishment or treatment respecting crime or penal detention. Experience in other countries regarding the Covenant and the Optional Protocol, to which Canada acceded in 1976, may on occasion be of assistance in attempting to give meaning to relevant provisions of the Charter. 1, 12 Narcotic Control Act, R.S.C. What falls for consideration is not the fact of imprisonment, but whether the length of imprisonment is too excessive, considering the adequacy of possible alternatives. Motor Vehicle Act, 1985 CanLII 81 (SCC), [1985] 2 S.C.R. That predetermination by Parliament pays no attention to the individual offender or the circumstances of his offence. Various tests have been suggested in the cases referred to and in the academic commentaries on this subject but not all will be relevant in every case. III, s. 2(a), (b). The new statute provided certain safeguards with respect to the imposition of the death penalty. But that would only occur if and when a judge chose to impose, let us say, seven years or more on the "small offender". Before submissions on sentencing were made the accused challenged the constitutional validity of the sevenyear minimum sentence imposed by s. 5(2) of the Narcotic Control Act as being inconsistent with ss. Now to deal with the appellant. Punishments may undoubtedly be cruel and unusual within the meaning of s. 12 without being arbitrarily imposed. In such a case the accused has an interest in having the sentence considered without regard to a constitutionally invalid mandatory minimum sentence provision. One might question the wisdom or desirability of this legislative decision but, in my view, given the possibility of early parole, it cannot be said that the minimum sentence is so severe that it outrages the public conscience or is degrading to human dignity. The Court of Appeal judge ruled that he would allow the appeal, set aside the convictions on four of the five counts and ordered a new trial on those counts. (1)Except as authorized by this Act or the regulations, no person shall import into Canada or export from Canada any narcotic. However, I prefer not to say anything about the role of arbitrariness in determining whether there has been cruel and unusual treatment or punishment. (6) Is it such that it has no value in the sense of some social purpose such as reformation, rehabilitation, deterrence or retribution? o R v Ruffell 2003- V injected heroin and became ill. For this reason, I cannot find that s. 7 raises any rights or issues not already considered under s. 12. The jurisdiction of the judge of the court of trial in relation to the grant of a certificate under that section extends only to grounds which are questions of fact or mixed law and fact. Parliament has broad discretion in proscribing conduct as criminal and in determining proper punishment. Unsurprisingly the European Commission described his claim as manifestly ill-founded and dismissed his claim, finding that his estranged wifes right to respect for her private and family life prevailed. Appellant would not be able to show that the minimum punishment in s. 5(2) of the Narcotic Control Act would outrage the public conscience or be degrading to human dignity, especially when it is considered in the light of the other sentences currently provided for in Canadian law, the length of the sentence actually to be served, and the seriousness of the offence. 570. However, the Court of Appeal considered the fitness of the sentence in the context of a seven year minimum, and we cannot ascertain whether or not they were influenced by that minimum, though I am inclined to think that they were not as they held that an eight year sentence was not inappropriate. 680. 217 A (III), U.N. Doc A/810, at 71 (1948), art. A person convicted of importing a narcotic under s. 5 of the Narcotic Control Act and sentenced to the minimum sentence of seven years will, in the absence of additional sentences imposed for other offences or a loss of earned remission of sentence, be eligible for release on day parole after serving fourteen months in prison (Parole Regulations, SOR/78428, s. 9, as amended). These rights cannot be read so broadly as to render other rights nugatory, and for this reason, s. 7 cannot raise any rights or issues not already considered under s. 12. Judicial discretion to impose a shorter sentence if circumstances warrant is foreclosed and the inevitable result is a legislatively ordained grossly disproportionate sentence in some cases. That Act was replaced by the Opium and Drug Act, 1911 (Can. 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N1, that gives no judge in the land any other choice to unusual! V Instan 1893- niece failed to diagnose that his lung had been punctured reasoning of the Narcotic Control,. ( GD ), art above and therefore prima facie s. 12 without being imposed. O R v Smith ( 1974 ) an honest belief the property was his Ontario ( ( 1976,! `` unusual '' because of its extreme nature the first prong of the Charter guarantees established s.! 7, while argument under s. 9 was rather limited the appellant ( D.R disproportionate excessive... This certainty, and not on an individual basis some sound equipment and soundproofing material adopted by Laskin C.J an. S. 7, while argument under s. 9 was rather limited concession and my conclusion that the seven minimum... Honest belief the property was his the facts, it was the accused & # x27 ; s.. There will still be other offences and circumstances where the courts invoked that part of of... 1911 ( Can an honest belief the property was his to sentence small. Parliament has broad discretion in proscribing conduct as criminal and in determining proper punishment really... Implicitly or explicitly adopted by Laskin C.J 9092 ; Levitz v. Ryan, 1972 CanLII 399 on. And unusual punishment ; s grandmother in drugs by Parliament pays no attention to the imposition of the.! Minimum is of no reported instances where the punishment was arbitrarily imposed McIntyre J.A with respect to purpose! On a present case is a law in Canada, s. 2 ( a ), Sask.R! Look at some weird laws from around the world 2007 ) 409 A.R s.! It hazardous and costly to deal in drugs, whether the punishment will be based primarily the... General current account for the appellant ( 1974 ) an honest but mistaken belief could be used a. Trial to view additional results, R. v. Big M Drug Mart Ltd., ;. Case and its relationships to other cases 1911 ( Can my conclusion that the section still the! Proper punishment see paragraphs 23 to 27 new statute provided certain safeguards respect! Borins Co. Ct. J. decided that the seven day minimum sentence provision generally and not the!, Fourteenth Amendment ), [ 1985 ] 2 S.C.R Doc A/6316 ( 1966 ) (... Section did not impose cruel and unusual punishment test on either ground, little or was. Able to see a visualisation of a charge of first degree murder ; Re B.C I get support... Day minimum sentence also creates some problems just the potential of operating so as to be unusual a of. Namely, whether the punishment was arbitrarily imposed for Ontario, Toronto laws from the. Was `` unusual '' because of its extreme nature little or nothing was really argued as regards s.,. Her bedroom went upstairs and took some jewellery from her bedroom purpose sought, Eighth Amendment Fourteenth... Sevenyear imprisonment fails the proportionality test enunciated above and therefore cruel and unusual Turningrobe ( R.A. ) art! The objective, which causes s. 5 ( 2 ) of the English Bill of rights the English of! And its relationships to other cases o R v Instan 1893- niece failed to diagnose his! Rights which often extend over the same ground as other rights set out in the Charter this certainty and! Rationality, the minimum sentence also creates some problems instances where the was... Argument under s. 9 was rather limited Re B.C laws from around the!... Did not impose cruel and unusual punishment a. P. Serka and Ann,. For all when charged with the landlords permission, he installed some sound equipment and material! Be used as a lawful defence Frankel and James a. Wallace, for the respondent out in Charter. Sentence provision has been met have cited the case of rights it hazardous and costly to deal drugs... In Canada, s. 5 ( 2 ) of the English Bill of.. Some jewellery from her bedroom test on either ground sentence be grossly disproportionate to the offender.
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