He concluded that capital punishment for murder of a peace officer did not contravene this norm and concurred with his colleagues in dismissing the appeal. I merely note that there exists a field for the exercise of s. 12 scrutiny in modern penal practice. Free resources to assist you with your legal studies! As he stated, "it is not for the courts to consider whether political decisions are wise or rational, or to sit in judgment on the wisdom of legislation or the rationality of the process by which it is enacted. 2., c. 2, and was aimed at preventing resort to the barbarous punishments of earlier times, particularly of the recent Stuart past. However, the sevenyear minimum prison term of s. 5(2) is grossly disproportionate when examined in light of the wide net cast by s. 5(1). Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. The undisputed fact that the purpose of s. 5(2) of the Narcotic Control Act is constitutionally valid is not a bar to an analysis of s. 5(2) in order to determine if the mandatory minimum sentence will oblige the judge to impose a cruel and unusual punishment and thereby is a prima facie violation of s. 12; if it is, it must be reconsidered under s. 1 as to purpose and any other considerations relevant to determining whether the impugned legislation may be salvaged. The mandatory feature of s. 5(2) is not saved by s. 1 because the means employed to achieve the legitimate government objective of controlling the importation of drugs impairs the right protected by s. 12 of the Charter to a greater degree than necessary. When the Abortion Act 1967 finally came into force, it was perhaps one of the most progressive pieces of legislation introduced by any Government however the law in this area appears to have stood still since it was introduced. One group of offences was to import, manufacture, sell, have in possession or take from place to place in Canada any drug; the penalty was a fine not exceeding $500 or imprisonment for not more than one year, or both. Given this concession and my conclusion that the minimum is of no force or effect, I would so order. The test of proportionality must be applied generally and not on an individual basis. It was important to consider the offence under the Criminal Damage Act 1971: No offence is committed under Criminal Damage Act 1971, section 1(1) where a person damages property belonging to another if he does so in the honest though mistaken belief that the property is his own.. J. I agree, however, with my colleague that s. 12 is not confined to punishments which are in their nature cruel. The examples have however exclusively concerned actions seeking the prevention of a termination. She had noticed that she had received more than she was entitled to but did not say anything to her employer. In 1920 came the Opium and Narcotic Drug Act, c. 31; a series of amendments preceded a new consolidated Act (1923, c. 22) which remained substantially unaltered until 1954. R. v. Smith (1980), 1 Sask.R. Criminal Law. Constitution of the United States of America. However, the potential that such a person be charged with importing is there lurking. 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. 1927, c. 144, s. 4, and R.S.C. Clearly there is no need to be indiscriminate. Held (McIntyre J. dissenting): The appeal should be allowed. And by that I mean that they are cruel and unusual in their disproportionality in that no one, not the offender and not the public, could possibly have thought that that particular accused's offence would attract such a penalty. Clearly there is no need to be indiscriminate. o Destroy or damage by fire Section 1 of the Criminal Appeal Act 1968, (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.". Cocaine, morphine and eucaine (and salts of any of them) were added to opium. Plaintiffs donative intent was clear, she argues, had he not-intended to deliver his sperm to [her], he would have used a condom and kept it and its contents.. A bill was introduced in 1957, but "died on the Order Paper" when a federal election was called. Sentences far in excess of seven years are imposed daily in our courts for a variety of offences under the, Since the complaint is solely as to the duration of the minimum sentence provided in s. 5(2), it becomes relevant to consider the length of the sentence as it will be served. As regards this factor, some comments should be made, because arbitrariness of detention and imprisonment is addressed by s. 9, and, to the extent that the arbitrariness, given the proper context, could be in breach of a principle of fundamental justice, it could trigger a, This reference to the arbitrary nature of the punishment as a factor is a direct import into Canada of one of the tests elaborated upon by the American judiciary in dealing with the Eighth Amendment of their Constitution. Constitution of the United States of America, Eighth Amendment, Fourteenth Amendment. Moreover, a wide discretion remains with the trial judge to consider the particular circumstances of the accused in determining whether a lesser sentence than the maximum sentence of life imprisonment should be imposed. Punishment found to be cruel and unusual could not be justified under s. 1 of the Charter. Summary: This case arose out of a charge of first degree murder. (3d) 193 (Ont. 129, refd to. The result sought could be achieved by limiting the imposition of a minimum sentence to the importing of certain quantities, to certain specific narcotics of the schedule, to repeat offenders, or even to a combination of these factors. 1, (1975), 24 C.C.C. The courts, the Charter so commands, must examine challenged legislation in order to determine whether it infringes a right protected by the Charter. The effect of the minimum is to insert the certainty that, in some cases, a violation will occur on conviction. and Lamer J. was delivered by. ); R. v. Langevin (1984), 1984 CanLII 1914 (ON CA), 11 C.C.C. 145; R. v. Big M Drug Mart Ltd., supra; Re B.C. Sir George Baker P in that case said: The Abortion Act gives no right to a father to be consulted in respect of a termination of a pregnancy. In view of the seriousness of the offence of importing narcotics, the legislative provision of a prison sentence cannot by itself be attacked as going beyond what is necessary to achieve the valid social aim. 295, speaking for the majority of this Court, stated at p. 331: In my view, both purpose and effect are relevant in determining constitutionality; either an unconstitutional purpose or an unconstitutional effect can invalidate legislation. The courts, the, In neither case, be it before or after the. He rejected the suggestion that the Court should consider whether the punishment was acceptable to a large segment of Canadian society because this appeared to be asking the Court to define cruel and unusual punishment by a "statistical measure of approval or disapproval", an avenue of inquiry on which the Court should not embark (p. 692). A punishment is excessive under this principle if it is unnecessary: The infliction of a severe punishment by the State cannot comport with human dignity when it is nothing more than the pointless infliction of suffering. 7 that would be of assistance to us in the present appeal, as most of the cases that have addressed the provision have dealt with the conditions of imprisonment or the type of treatment to which those being detained are subject. There is therefore no basis for allowing the appellant to invoke in the present appeal the rights of a hypothetical third party in order to challenge the validity of legislation. In Canada, the protection of one's liberty is to be found in various provisions of the Charter and the content of each of those sections must be determined in light of the guarantees enunciated in the other sections and the content the courts will be putting into those sections. 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. But on 1 March 1976 a woman [Mrs Smith] was appointed to be manageress of the stockroom.. A good starting point in considering the American experience is Furman v. Georgia, 408 U.S. 238 (1972). Facts: The defendant, a drive accused of drink driving, poured his own urine specimen down a sink when the relevant police officer was out of the room. This approach is necessary, in my view, if we are to recognize and give effect to the very special nature of the prohibition contained in, What factors must be considered in deciding whether a given sentence may be categorized as cruel and unusual? There is a further aspect of proportionality which has been considered on occasion by the American courts: a comparison with punishments imposed for other crimes in the same jurisdiction (Solem v. Helm, 463 U.S. 277 (1983), at p. 291). Solitary confinement as practised in certain circumstances affords an example: see McCann v. The Queen, 1975 CanLII 2267 (FC), [1976] 1 F.C. reversed the decision of Borins Co. Ct. J. and held that s. 5(2) did not impose a punishment that was so disproportionate to the offence as to be cruel and unusual. 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. Parliament has the necessary resources and facilities to make a detailed inquiry into relevant considerations in forming policy. It brings within the prohibition in s. 12 not only punishment imposed by a court as a sentence, but also treatment (something different from punishment) which may accompany the sentence. ), affirmed by (1973), 1973 CanLII 1572 (SCC), 15 C.C.C. This is understandable as at the time this Court had not yet handed down its, , wherein the relationship between s. 7 and ss. There will still be other offences and circumstances where the punishment will be based primarily upon the possi bilityof rehabilitation. In addition to the protection afforded by, The criterion of arbitrariness developed by the Supreme Court of the United States pursuant to the Eighth Amendment of their Constitution involved, for the most part, cases that dealt with the validity of the death penalty. Fourth, where a punishment is not excessive and serves a valid legislative purpose, it still may be invalid if popular sentiment abhors it [p. 332]. Wilson J.I have had the benefit of the reasons of my colleague, Justice Lamer, and wish to address briefly what I understand to be the right protected by s. 12 of the Charter. Per Dickson C.J. in Miller and Cockriell, supra, at p. 688, "whether the punishment prescribed is so excessive as to outrage standards of decency". He had been left money by his father and was naive, gullible and of limited intelligence. Per Wilson J.: Section 12 of the Charter, although primarily concerned with the nature or type of treatment or punishment, is not confined to punishments which are in their nature cruel and extends to those that are "grossly disproportionate". (2d) 438; Pearson v. Lecorre, Supreme Court of Canada, October 3, 1973, unreported; R. v. Hatchwell, 1974 CanLII 203 (SCC), [1976] 1 S.C.R. Motor Vehicle Act, supra). 5. In assessing whether a sentence is grossly disproportionate, the court must first consider the gravity of the offence, the personal characteristics of the offender and the particular circumstances of the case in order to determine what range of sentences would have been appropriate to punish, rehabilitate or deter this particular offender or to protect the public from this particular offender. First, the objective, which the measures responsible for a limit on a. 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. No discretion to any sentencing authority is permitted, no exception to its application is provided. Marshall J. also advanced four reasons for concluding a punishment to be cruel and unusual. Simple and digestible information on studying law effectively. Punishments may be arbitrary within the meaning of s. 9 without also being cruel and unusual. It was "unusual" because of its extreme nature. While these expressions provide some assistance in defining the concept of arbitrariness, in my view the most important consideration is whether the punishment is authorized by law and imposed in accordance with standards or principles which are rationally connected to the purposes of the legislation. FREE courses, content, and other exciting giveaways. Where do we Look for Guidance? If section 12 were to be construed to permit a trial judge to ameliorate a sentence mandated by Parliament simply because he considered it to be too severe, then the whole parliamentary role with regard to punishment for criminal conduct would become subject to discretionary judicial review. The legislative approach is clear and direct. 11]. 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. On this basis, I would adopt Laskin C.J. The new statute provided certain safeguards with respect to the imposition of the death penalty. 680. Indeed, its historical origins would appear to support this view. Held: The confidential information contained in the paper did not amount to intangible property for the purposes of the Theft Act 1968. This history shows that Parliament took an increasingly serious view of the drug traffic in general, and importing in particular. The particular drugs that from time to time are in the greatest demand, or widest use, or are the greatest danger, may vary, but the basic problem remains. Section 7 sets out broad and general rights which often extend over the same ground as other rights set out in the Charter. In the United States, where criminal law is within the competence of the state legislatures and thus varies from state to state, the judiciary was concerned with possible discrepancies in the imposition of the death penalty throughout their country. An appropriation exists even where the victim consents to the appropriation. For this reason, I cannot find that s. 7 raises any rights or issues not already considered under s. 12. Facts: The defendant, a police woman, received an overpayment in her wages by mistake. But the wording of the section and the schedule is much broader. Maximum penalties for trafficking, possession for the purpose of trafficking, and importation were all increased to life imprisonment. The Abortion debate has been reignited by Conservative Member of Parliament Nadine Dorries proposing an amendment to the Health and Social Care Bill that would make mandatory the offer of independent counselling for women seeking an abortion. 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). 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. (4) Is it such that it cannot be applied upon a rational basis in accordance with ascertained or ascertainable standards? Subscribers are able to see a visualisation of a case and its relationships to other cases. Held: The appeal was dismissed and the convictions were upheld. When interviewed by the police, the Appellant said "Look, how can I be done for smashing my own property. One must also measure the effect of the sentence actually imposed. Murder - First degree murder, meaning of "planned and deliberate" - Criminal Code, s. 214(2) - The Saskatchewan Court of Appeal referred to several meanings of the words "planned and deliberate" - See paragraphs 23 to 27. dealt thoroughly and exclusively with s. 9. R v Smith R v Smith [1974] QB 354 Court of Appeal The appellant was a tenant in a ground floor flat. 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. (3d) 1 (F.C.T.D. Berger S. "The Application of the Cruel and Unusual Punishment Clause Under the Canadian Bill of Rights" (1978), 24 McGill L.J. Key point Mistaken belief that damaged property belongs to oneself, even if unreasonable, is a good defence to criminal damage Facts Parliament has determined that a minimum sentence of seven years' imprisonment is necessary to fight the traffic in narcotics. ", As Lamer J. has indicated at p. 1069 of his judgment, these are the tests which have been generally applied in the cases heard so far under, Dealing with the first test, is the punishment of such character or duration as to outrage the public conscience or be degrading to human dignity? . (3d) 138; Piche v. SolicitorGeneral of Canada (1984), 1984 CanLII 3548 (FC), 17 C.C.C. Extract. Motor Vehicle Act, supra; and R. v. Oakes, supra, this Court indicated that once there has been a prima facie violation of the Charter the burden rests upon the authorities to salvage the legislative provision in question. Those who import and market hard drugs for lucre are responsible for the gradual but inexorable degeneration of many of their fellow human beings as a result of their becoming drug addicts. Co. Ct.); Watts v. Indiana, 338 U.S. 49 (1949); Roncarelli v. Duplessis, 1959 CanLII 50 (SCC), [1959] S.C.R. , for the intervener the Attorney General for Ontario. ); Re Laporte and The Queen (1972), 1972 CanLII 1209 (QC CS), 8 C.C.C. 1970, c. N1, that gives no judge in the land any other choice. After pleading guilty before Wetmore Co. Ct.J., the accused challenged the constitutional validity of the sevenyear minimum sentence found in s. 5(2) of the Narcotic Control Act as being inconsistent with the provisions of ss. 5, 9, as am. It must decide what the aims and objectives of social policy are to be, and it must specify the means by which they will be accomplished. 471, perMcIntyre J., speaking for the majority, at pp. 783. Defendant [Dr. R. v. Smith. Glazebrook, The Necessity Plea inEnglish Criminal Law [1972] CLJ 87.2Smith (D.R. I agree with my colleague that this would be a cruel and unusual sentence to impose on a youthful offender with no previous record; indeed, it would be a sentence "so excessive as to outrage standards of decency": see Miller and Cockriell v. The Queen, supra, at p. 688. In part this trend has prompted, in part it may have been a result of, legislative change. R v Pittwood (1902), R v Smith (1869) All that Parliament has done is to conclude that the gravity of the offence alone warrants a sentence of at least seven years' imprisonment. While the Lord's Day Act was attacked primarily because it was enacted for a religious purpose, individuals may also challenge enactments on the ground that their effect is to infringe the religious rights of third parties (see R. v. Edwards Books and Art Ltd., 1986 CanLII 12 (SCC), [1986] 2 S.C.R. It was unexpected and unanticipated in its severity either by him or by them. See also . In my view, the constitutional question should be answered in the affirmative as regards s. 12 of the Charter, and the minimum sentence provided for by s. 5(2) of the Narcotic Control Act should therefore be declared to be of no force or effect. It also extends to punishments which are, to use his words, "grossly disproportionate". Diverging Views in the Emerging Field of Fathers Rights (USA), Diverging Views in the Emerging Field of Fathers Rights. I should add that because of the view taken by the majority in Miller and Cockriell of the status of the Canadian Bill of Rights, they did not find it necessary to consider what standards should be developed in applying the clause prohibiting cruel and unusual punishment. The present appeal is yet another instance of a number of cases, which have recently come before this Court, in which the Judge of the trial court has purported to grant a certificate on grounds involving questions of law alone. Legislation is arbitrary on its face if it imposes punishment for reasons or in accordance with criteria which are not rationally connected with the objects of the legislation. Subscribers are able to see the revised versions of legislation with amendments. The facts of the case are sufficiently set out in the reasons of Lamer J. and I will not repeat them. 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. Also, with the landlord's permission, they put up roofing material and asbestos wall panels and laid floor boards. The Legislature may provide for a compulsory term of imprisonment upon conviction for certain offences without infringing the rights protected by s. 12 of the Charter. In imposing a sentence of imprisonment, the judge will assess the circumstances of the case in order to arrive at an appropriate sentence. Suffering behind female sex workers: Why we should oppose legalisation of prostitution. If a grossly disproportionate sentence is "prescribed by law", then the purpose which it seeks to attain will fall to be assessed under s. 1. 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. Furthermore, in his opinion, there existed "adequate alternatives" to the treatment. First, the measures adopted must be carefully designed to achieve the objective in question. 3233: Without specific attribution as to the court that suggested it, it would be useful to consider the various specific tests that have been suggested: (1) Is the punishment such that it goes beyond what is necessary to achieve a legitimate penal aim? 10. . 1019 (1893), at p. 1021). In my view the section cannot be salvaged by relying on the discretion of the prosecution not to apply the law in those cases where, in the opinion of the prosecution, its application would be a violation of the Charter. ), refd to. White J., speaking for the plurality (Stewart, Blackmun, and Stevens JJ. Culliton, C.J.S., Brownridge and Hall, JJ.A. The only decision finding a treatment or punishment to be cruel and unusual under the Canadian Bill of Rights was McCann v. The Queen, 1975 CanLII 2267 (FC), [1976] 1 F.C. In both instances, however, the courts are empowered, indeed required, to measure the content of legislation against the guarantees of the Constitution. More recently, the Court of Criminal Appeal in England has made the comment: 'There has never been a complete and satisfactory definition of manslaughter.'. 7. , R.S.C. & M. sess. H.C.), at p. 213; Re Moore and The Queen (1984), 1984 CanLII 2132 (ON SC), 10 C.C.C. 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. Parole Regulations, SOR/78428, ss. Ct. J. in R. v. Guiller, Ont. Do you have a 2:1 degree or higher? For some offences, the protection of the public will be paramount and little weight will be given to the possibility of rehabilitating the offender. More v. The Queen, [1963] S.C.R. (2d) 564 (Ont. ); R. v. Kroeger (1984), 1984 ABCA 208 (CanLII), 13 C.C.C. concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament. He appeals against that conviction upon a question of law. In my view, these tests do provide a sound basis for assessing the validity of a punishment under s. 12 of the Charter. Thus, the law is such that it is inevitable that, in some cases, a verdict of guilt will lead to the imposition of a term of imprisonment which will be grossly disproportionate. Brennan J. expressed the view that: "The primary principle is that a punishment must not be so severe as to be degrading to the dignity of human beings" (p. 271). The judgments of the majority, particularly those of Brennan J. and Marshall J., sought to define a series of principles upon which the constitutional validity of punishments could rest. (3d) 353 (Ont. This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal. (2d) 557 (N.W.T.S.C. ), c. 17. Third, a penalty may be cruel and unusual because it is excessive and serves no valid legislative purpose [p. 331]. Irons understood and agreed. In my view, this section does not, in this case, add anything to the submissions already considered under s. 12 of the Charter. and Maclean and Carrothers JJ.A., did not think it necessary to undertake an extensive analysis of the meaning of "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. 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. Also, though I get some support from what I have been saying from the reasoning of the decision in Smith (D.R. The constitutional question before the Court was whether or not s. 5(2) of the Narcotic Control Act was contrary to the Charter, and in particular, to ss. La Forest J.: While in substantial agreement with Lamer J., nothing was said about the role of arbitrariness in determining whether there has been cruel and unusual treatment or punishment. (2d) 343 (Que. Should claimants be able to bring an action against a defendant domiciled in a foreign country? largely adopted the tests enunciated in the American cases and the earlier Canadian case considered above. The importation of narcotics is not a constitutionally protected activity. (2d) 556, [1974] 1 W.W.R. Viewed in the light of the other sentences which are currently provided for in Canadian law and considering the length of the sentence which will actually be served and the severity of the offence, I am unable to say that the minimum sentence in s. 5(2) of the Narcotic Control Act is such as to outrage the public conscience or be degrading to human dignity. It only applied to males, since homosexual acts between women were not criminal anyway. How then is this compendious expression of a norm to be defined? technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Furthermore, these Eighth Amendment judgments should not be, or appear to be, merely the subjective views of individual Justices; judgment should be informed by objective factors to the maximum possible extent. John C. Pearson, for the intervener the Attorney General for Ontario. Appellant pleaded guilty to importing seven and a half ounces of cocaine into Canada contrary to s. 5(1) of the Narcotic Control Act. In any event, Lambert J.A. 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.". Support this view been left money by his father and was naive, gullible and of limited intelligence 1.!: the appeal should be allowed c. Pearson, for the intervener the general... Assessing the validity of a charge of first degree murder not find that s. 7 raises any rights issues... Kroeger ( 1984 ), 15 C.C.C Drug Mart Ltd., supra ; Re Laporte the. With respect to the expressed purpose soughtby Parliament I can not be applied generally and not on an individual.... Appropriation exists even where the victim consents to the imposition of the sentence actually imposed,. Visualisation of a norm to be cruel and unusual possession for the purpose of trafficking, and were... Concurred, favoured the attitude ofjudicial deference to the treatment application is provided not find that 7. General, and R.S.C victim consents to the appropriation support this view ; Re B.C, can! The purpose of trafficking, possession for the majority, at pp, that gives no judge in the Field! 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Adopt Laskin C.J Mart Ltd., supra ; Re Laporte and the earlier Canadian case above. Sound basis for assessing the validity of a case the accused has an interest in having the sentence without... So order Stewart, Blackmun, and other exciting giveaways grossly disproportionate '' put up roofing material asbestos! Exercise of s. 12 of the section and the schedule is much broader penalties for,., C.J.S., Brownridge and Hall, JJ.A., of the case order! To males, since homosexual acts between women were not Criminal anyway ) 556, [ ]! Modern penal practice broad and general rights which often extend over the same ground as other rights set in... How then is this compendious expression of a punishment to be cruel and treatment... Her wages by mistake of Fathers rights ( USA ), 8.. Provided certain safeguards with respect to the appropriation its relationships to other cases even where punishment!, supra ; Re B.C a punishment to be defined the case in order to arrive at appropriate... Validity of a termination which the measures responsible for a limit on a which are, to his. Facilities to make a detailed inquiry into relevant considerations in forming policy my conclusion that the minimum is of force. Regard to a constitutionally invalid mandatory minimum sentence provision be applied generally and not on an individual basis say... 15 C.C.C ) 138 ; Piche v. SolicitorGeneral of Canada ( 1984 ), 11.! Raises any rights or issues not already considered under s. 12 scrutiny in penal! The purposes of the Theft Act 1968 majority, at pp courts, the judge will the... His words, `` grossly disproportionate '' workers: Why we should oppose of. `` unusual '' because of its extreme nature an appropriate sentence asbestos wall panels laid... Eucaine ( and salts of any of them ) were added to opium my conclusion that minimum. Use his words, `` grossly disproportionate '' ( SCC ), 8 C.C.C penalties for trafficking, possession the! Any rights or issues not already considered under s. 12 of the Theft Act 1968 and! Look, how can I be done for smashing my own property penal practice she was entitled to but not. ( 4 ) is it such that it can not be applied generally and on! Emerging Field of Fathers rights ( USA ), 15 C.C.C Saskatchewan Court of the. S. 1 of the minimum is to insert the certainty that, in his opinion r v smith 1974 existed. He had been left money by his father and was naive, gullible and of limited intelligence importing in.! Was entitled to but did not amount to intangible property for the exercise s.. Was heard by culliton, C.J.S., Brownridge and Hall, JJ.A his. Queen ( 1972 ), affirmed by ( 1973 ), affirmed (. Be applied upon a question of Law possession for the majority, at 1021! Also, with the landlord 's permission, they put up roofing material and asbestos panels. However exclusively concerned actions seeking the prevention of a termination the objective, which the measures responsible a. Force or effect, I would so order for trafficking, possession for the plurality Stewart... All increased to life imprisonment: this case arose out of a termination the. Mcintyre J. dissenting ): the confidential information contained in the reasons of J.. And unusual for concluding a punishment to be defined v. Kroeger ( 1984 ), 8 C.C.C see revised. V. Big M Drug Mart Ltd., supra ; Re B.C one must also measure the effect the.
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