The mandatory minimum sentence of seven years' imprisonment cannot be held to be valid on its face because of the general seriousness of the offence created by s. 5(1), subject to the power of a court to find that it is constitutionally inapplicable in a particular case. (3d) 306; Belliveau v. The Queen, 1984 CanLII 5298 (FC), [1984] 2 F.C. found that the section was not inconsistent with the Charter and, of the opinion that the eightyear sentence imposed by Wetmore Co. Ct. J. was appropriate, he dismissed the appeal from sentence. Macdonald J.A., obviously referring to the words "capricious, unreasonable or unjustified", then added, at p. 434: I agree with that passage with the reservation that those three words should not be taken as a complete definition of arbitrariness. 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. In his opinion, the non constitutional nature of the, Having reached this conclusion I do not find it necessary, in considering the meaning of "cruel and unusual treatment or punishment" as employed in s. 2(, In my opinion the words "cruel and unusual" as they are employed in s. 2(, In separate reasons, Beetz J. agreed with Ritchie J. that the words "cruel and unusual" were to be read conjunctively. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Relying on the guidelines enunciated under the Canadian Bill of Rights, judges deciding cases under s. 12 of the Charter have been somewhat more willing, and understandably so, to put legislation to the test. When Jordan arrived at the meeting point, the other appellants, Plummer and Haines, emerged from an alleyway where they had been hiding and attacked Jordan. Also, with the landlord's permission, they put up roofing material and asbestos wall panels and laid floor boards. 5 of the Universal Declaration of Human Rights (G.A. I put the flooring and that in, so if I want to pull it down its a matter for me.". 1. There would be no risk of an individual being unable to exercise lawfully the full scope of his or her constitutional rights or being deterred from engaging in a constitutionally protected activity if the appellant were denied status in this case. McGILL LAW JOURNAL Pappajohn: Safeguarding Fundamental Principles In R. v. Pappajohn1 six of seven judges in the Supreme Court of Canada held, in a dramatic rape case, that an honest, unreasonable mistake as to consent is a valid defence. Some of the tests are clearly aimed at the nature or quality of the punishment, others concern themselves more with the duration of punishment under the heading of proportion ality. ); R. v. Lyons (1984), 1984 CanLII 48 (NS CA), 15 C.C.C. The "street value" of the narcotic, after dilution, was estimated to be between $126,000 and $168,000. (3d) 26, 2 C.R.R. (2d) 401; R. v. Bruce, Wilson and Lucas (1977), 1977 CanLII 1967 (BC SC), 36 C.C.C. 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. Therefore, rationality, the first prong of the proportionality test, has been met. ); Pearson v. Lecorre, S.C.C., Oct. 3, 1973, unreported; R. v. Hatchwell (1973), 1973 CanLII 1447 (BC CA), 14 C.C.C. Motor Vehicle Act, supra, at p. 496: In neither case, be it before or after the Charter, have the courts been enabled to decide upon the appropriateness of policies underlying legislative enactments. Canada. You also get a useful overview of how the case was received. The Court of Appeal quashed his conviction for theft: the defendant had only intended to steal something worth stealing, and conditional intent is insufficient for theft. , Eighth Amendment, Fourteenth Amendment. In addition to the submissions based on s. 12 of the Charter, the appellant has also submitted that s. 5(2) violates ss. Parliament has determined that a minimum sentence of seven years' imprisonment is necessary to fight the traffic in narcotics. Everyone has the right not to be arbitrarily detained or imprisoned. In other words, a punishment, though proportionate to the offence, will be cruel and unusual if it is imposed arbitrarily, unevenly and without reason upon some people and not others. I therefore find arbitrariness a minimal factor in the determination of whether a punishment or treatment is cruel and unusual. The legislative approach is clear and direct. , this Court expressly held that a corporation charged with a criminal offence under the, ). The minimum term of imprisonment provided for by s. 5(2) of the Narcotic Control Act fails the proportionality test and therefore prima facie infringes the guarantees established by s. 12 of the Charter. Current bid: US $1.85 [ 2 bids ] ApproximatelyC $2.52 Enter US $2.10 or more Shipping: US $4.95 (approx C $6.74)Standard Shipping. See Lord Justice Scarman's judgment in R v Smith [1974] 1 All ER 376: The legality of an abortion depends upon the opinion of the Doctor. R. v. Smith. & M sess. The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on December 31, 1979. 39]. Smiths defence was that he had an honest belief the property was his. Subscribers are able to see a list of all the documents that have cited the case. It is not necessary, for reasons discussed above, to answer the question as regards ss. 152, refd to. 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. 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. ); Re Mitchell and The Queen, supra; Re Moore and The Queen, supra; R. v. Tobac (1985), 1985 CanLII 180 (NWT CA), 20 C.C.C. ); R. v. Langevin (1984), 1984 CanLII 1914 (ON CA), 11 C.C.C. 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. In that case, it was decided that the seven day minimum sentence mandatorily imposed by the Motor Vehicle Act, R.S.B.C. ); R. v. Natrall (1972), 1972 CanLII 1017 (BC CA), 32 D.L.R. The letting included a conservatory. 121, per Rand J., at pp. ); Ex parte Matticks (1972), 1972 CanLII 1376 (QC CA), 10 C.C.C. Third parties whose rights are violated or threatened by legislation may never be in a position to challenge the legislation because they are deterred from engaging in the prohibited activity and do not find themselves before the courts, or they are simply unable to incur the expense of launching a constitutional challenge. 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. , (Eng. (2d) 438; R. v. Tobac (1985), 1985 CanLII 180 (NWT CA), 20 C.C.C. 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. 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. There was a legal obligation to return the money received by mistake. (3d) 241; Ex parte Matticks (1973), 1973 CanLII 1572 (SCC), 15 C.C.C. Solitary confinement as practised in certain circumstances affords an example: see McCann v. The Queen, 1975 CanLII 2267 (FC), [1976] 1 F.C. That case and others may have to be given limited interpretation in due course if it is concluded that the, Accordingly, I propose to treat the concluding words "but not less than seven years" in s. 5(2) of the Narcotic Control Act inoperable as being in contravention of, Smith's appeal was dismissed by the Court of Appeal for British Columbia (, , also a decision of the British Columbia Court of Appeal. For this reason, I cannot find that s. 7 raises any rights or issues not already considered under s. 12. However, it is not necessary to sentence the small offenders to seven years in prison in order to deter the serious offender. It is conceded that seven years' imprisonment would not be cruel and unusual punishment for many, if not most, conceivable cases of unauthorized importing or exporting of a narcotic. The formation of public policy is a function of Parliament. The Steven John Smith jointly charged is the Appellant's brother. 9 and 7 of the Charter. (3d) 138 (T.D. In other words, the appellant is arguing that legislation which restrains the discretion of the trial judge to weigh and consider the circumstances of the offender and the circumstances of the offence in determining the length of sentence is arbitrary and, therefore, cruel and unusual. (2d) 199. La Forest J.I am substantially in agreement with my colleague, Lamer J. As a matter of law, the soundproofing had become a fixture of the property and belonged to the landlord. By way of summary, I express the view that s.12 of the Charter is a special constitutional provision which is not concerned with general principles of sentencing nor with related social problems. A sevenyear sentence for drug importation is not per se cruel and unusual. (3d) 129; R. v. Guiller, Ont. A convicted person has a right of appeal upon questions of law alone. Present: Dickson C.J. 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. Reasons The defense claimed that in order to convict for murder it would have to be proven that it was Smith's actions that caused the death. Under s. 5(2) of the Act, punishment continues to be imposed for reasons which are rationally connected with the objects of the legislation, that is, the suppression of the illicit traffic in drugs. concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament. It may well be said that, in s. 12, the Charter has created an absolute right, that is, a right to be free or exempt from cruel and unusual punishment. Sometimes it will be the result of the combination of factors which, when considered in isolation, would not in and of themselves amount to gross disproportionality. 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. 7, 9 and 12. ); R. v. Lewis (1984), 1984 CanLII 2027 (ON CA), 12 C.C.C. I see no reason to depart from this overriding consideration in the interpretation of s. 12 of the Charter. 25]. 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. Dist. See Lord Justice Scarmans judgment in R v Smith [1974] 1 All ER 376: The legality of an abortion depends upon the opinion of the Doctor. 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". An appropriation exists even where the victim consents to the appropriation. 9092; Levitz v. Ryan, 1972 CanLII 399 (ON CA), [1972] 3 O.R. Such a result reduces the significance of the absolute prohibition in s. 12 of the Charter and does not afford, in my view, an acceptable approach to a constitutional question. 689-90: I am not satisfied that on this question there is a truly significant difference between the views of the majority and the minority. In imposing a sentence of imprisonment, the judge will assess the circumstances of the case in order to arrive at an appropriate sentence. 156 (B.C.S.C.). 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. . (2d) 86, (N.W.T.S.C. R. v. Nygaard and Schimmens, [1989] 2 S.C.R. (3d) 129 (N.S.C.A. Arnup J.A., speaking for Brooke, Dubin, Martin and Blair JJ.A., took the position that it was preferable not to interfere with Parliament's expressed intention to deter the serious crime of importing drugs, at pp. Second, the means, even if rationally connected to the objective in this first sense, should impair "as little as possible" the right or freedom in question: R. v. Big M Drug Mart Ltd., supra, at p. 352. ACCEPT, refd to. [para. I think this to be a reasonable appraisal, in line with the duty of the Court not to whittle down the protections of the, whether the punishment prescribed is so excessive as to outrage standards of decency. I am prepared to accept this premise, but I am unable to agree that the conclusion that they urge is wellfounded. The question of law in this appeal arises in this way. They were convicted of robbery and appealed on the grounds that the force came after they had appropriate the jewellery and thus did not come within the requirement of being immediately before or at the time of stealing. 171 (Man. The rack and the thumbscrew, the stocks, torture of any kind, unsanitary prison conditions, prolonged periods of solitary confinement were progressively recognized as inhuman and degrading and completely inimical to the rehabilitation of the prisoner who sooner or later was going to have to be released back into the community. 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. A sevenyear sentence for drug importation is not. An honest but mistaken belief could be used as a lawful defence to such a charge under the circumstances. 25% off till end of Feb! 2., c. 2, and was aimed at preventing resort to the barbarous punishments of earlier times, particularly of the recent Stuart past. 1 and 24 of the Charter in the American Constitution, the dynamics of challenges to the validity of American laws are different. 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. 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. A good starting point in considering the American experience is Furman v. Georgia, 408 U.S. 238 (1972). The judgment of Dickson C.J. "Trafficking" was defined as meaning importation, manufacture, sale, etc. Constitution of the United States of America, Eighth Amendment, Fourteenth Amendment. 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. A punishment will be cruel and unusual and violate. ) However, the pursuit of a constitutionally valid purpose is not, in and of itself, a guarantee of constitutional validity. 8. [para. One must also measure the effect of the sentence actually imposed. Adopting Laskin C.J. In the course of his summing-up the Deputy Judge directed the jury in these terms: "Now, in order to make the offence complete, the person who is charged with it must destroy or damage that property belonging to another, 'without lawful excuse', and that is something that one has got to look at a little more, Members of the Jury, because you have heard here that, so far as each Defendant was concerned, it never occurred to them, and, you may think, quite naturally never occurred to either of them, that ". 5. The arbitrary nature of the mandatory minimum sentence is fundamental to its designation as cruel and unusual under s. 12 of the Charter. 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. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. Subscribers are able to see a list of all the cited cases and legislation of a document. We in Canada also have other sections in the Charter to protect the equality of all in face of the law, amongst others, s. 15(1). There are, in my view, three important components of a proportionality test. 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. Es gibt eine Reihe von Gerichtsverfahren mit dem Namen R. v. Smith:Inhalt1 Vereinigtes Knigreich2 Kanada3 Sdafrika4 Unbekannt. Provided that two medical practitioners who have, in good faith, decided that the womans circumstances fit within the statutory grounds the decision is final. The purpose of the importing, namely whether it is for trafficking or for personal consumption, and the quantity imported are irrelevant to guilt under s. 5. As indicated above, s. 12 is concerned with the effect of a punishment, and, as such, the process by which the punishment is imposed is not, in my respectful view, of any great relevance to a determination under s. 12. Clearly there is no need to be indiscriminate. In 1974 the manager of the stockroom was a man named McCullough. It was irrelevant to consider whether such a belief was justifiable or not as if the individual believed the property was his own, he lacked mens rea at the time of the act. Many of these standards were also either implicitly or explicitly adopted by Laskin C.J. In his view, the treatment served no "positive penal purpose", and even if it did, "it [was] not in accord with public standards of decency and propriety". ), c. 17. An example of the Parliamentary approach may be found in the steps taken in enacting s. 5(2) of the Narcotic Control Act, as detailed in the judgment of Arnup J.A. 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). 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 this, we are assisted by the fact that over the years the concept has become broadened by judicial interpretation to encompass more than a consideration of the quality or nature of punishment and to include, as well, under the heading of proportionality, considerations of the extent or duration of punishment in deciding whether it would fall within the prohibition. 69697 that he could not find "that there was no social purpose served by the mandatory death penalty so as to make it offensive to" the cruel and unusual punishment clause of the Canadian Bill of Rights. The schedule covers a wide variety of drugs which range, in dangerousness, from "pot" to heroin. Extract. The approach has been frequently adopted in other cases and, in my view, provides a sound approach to the interpretation of the words in question (see, . 's statement of the test for cruel and unusual punishment under s. 12 of the Charter, including his approach to the application of disproportionality and arbitrariness. This Court has already had occasion to address s. 1. , this Court set out the criteria which must be met in order to discharge this burden. He said: First, there are certain punishments that inherently involve so much physical pain and suffering that civilized people cannot tolerate theme.g., use of the rack, the thumbscrew, or other modes of torture [p. 330]. 39; Re Rojas and The Queen (1978), 1978 CanLII 2309 (ON SC), 40 C.C.C. 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]. Of course, Lambert J.A. Thus, despite the constitutional nature of the Canadian Charter of Rights and Freedoms and the command therein to the courts to oversee the constitutionality of our laws, the approach taken when interpreting laws under the Canadian Bill of Rights, has, to some extent, guided the judiciary when considering a constitutional challenge to laws under the Charter. Res. 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. On the issue of arbitrariness, s. 9, I conclude in the interests of judicial comity that the argument is resolved in favour of the Crown in R. v. Newall (1982), 1982 CanLII 301 (BC SC), 70 C.C.C. This is understandable as at the time this Court had not yet handed down its decision in Re B.C. Since they limited their comments to delineating Parliament's purpose, acknowledging it to be valid and then refusing to interfere, little was said by them as regards the meaning of cruel and unusual treatment or punishment. 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. Ronnie L Kimes in Texas Smith County arrested for EXPIRED M.V.R/NO REGISTRATION 3/27/1974. McMartin v. The Queen, [1964] S.C.R. o R v Nicholls 1874- child died after moving in with grandmother. 22]. (No. The trial judge found the minimum mandatory imprisonment of seven years in s. 5(2) to be cruel and unusual punishment contrary to the Charter because of the potential disproportionality of the mandatory sentence. The various tests suggested in the cases are conveniently summarized by Tarnopolsky in his article, "Just Deserts or Cruel and Unusual Treatment or Punishment? The Court of Appeal for Ontario ((1976), 1976 CanLII 600 (ON CA), 30 C.C.C. ), 1 Wm. 's reasoning concerning s. 12 is in the following passage of his judgment, at p. 261: Section 5 of the Narcotic Control Act is capable of imprisoning for seven years a single possessor of a minimum quantity of any narcotic brought into Canada. these various additions to the house were anything but their own property But Members of the Jury, the Act is quite specific, and so far as the Defendant David Smith is concerned lawful excuse is the only defence which has been raised. In conclusion, I agree with Lamer J. that imprisonment for seven years for the unauthorized importation or exportation of a small quantity of cannabis for personal use would be cruel and unusual punishment within the meaning of s. 12 of the Charter and for this reason the words "but not less than seven years" in s. 5(2) of the Narcotic Control Act must be held to be of no force or effect. Also, though I get some support from what I have been saying from the reasoning of the decision in Smith (D.R. (1)Except as authorized by this Act or the regulations, no person shall import into Canada or export from Canada any narcotic. (2d) 86; Levitz v. Ryan, 1972 CanLII 399 (ON CA), [1972] 3 O.R. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. I believe this is a case where the arbitrary nature of the legislatively prescribed minimum sentence must inevitably in some cases result in the imposition of a cruel and unusual punishment. The appellants did not advance their submissions as being necessarily cumulative, but I take from their contentions that if severity and excessiveness (as they conceived them) were established, that should be enough to sustain their attack on the death penalty in the present case. Third, a penalty may be cruel and unusual because it is excessive and serves no valid legislative purpose [p. 331]. Criminal Code, R.S.C. This is understandable, as the decision of the Court of Appeal in this case was delivered long before this Court's decision in R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. He appeals against that conviction upon a question of law. (2d) 23, rev'g (1976), 1976 CanLII 716 (ON SC), 29 C.C.C. I put the flooring and that in, so if I want to pull it down its a matter for me.". 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. In each view, elements of both cruelty and unusualness are involved in a consideration of the total expression. (2d) 401, that the death penalty for murder was not cruel and unusual punishment. Canadian Bill of Rights, R.S.C. 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. I have already stated, in respect of s. 12, that it is my view that s. 5(2) of the Narcotic Control Act does not impose punishment arbitrarily. Facts: The defendant, a police woman, received an overpayment in her wages by mistake. (3d) 336 (Ont. 713; North Carolina v. Pearce, 395 U.S. 711 (1969); Gooding v. Wilson, 405 U.S. 518 (1971); Hobbs v. State, 32 N.E. 1970, App. and McIntyre, Chouinard*, Lamer, Wilson, Le Dain and La Forest JJ. 129, refd to. Borins Co. Ct. J. decided that the mandatory minimum of seven years' imprisonment imposed by s. 5(2) of the Narcotic Control Act was cruel and unusual. Since the appellant does not dispute the constitutionality of the maximum penalty of life imprisonment but only the minimum seven years' imprisonment, the question in issue is therefore limited to whether the concluding six words of s. 5(2) of the Narcotic Control Act will, under certain circumstances, leave the judge no other alternative but that of subjecting those convicted under the section to cruel and unusual punishment. R v Smith (David) [1974] QB 354 - Case Summary R v Smith (David) [1974] QB 354 by Will Chen 2.I or your money back Check out our premium contract notes! 3839: The debate between those favouring a restrictive application of the, In that case, all the judges of this Court agreed that capital punishment for murder did not constitute cruel and unusual punishment, but different routes were taken to reach this conclusion. 7, 9 and 12 of the Charter and requested that the judge make a determination in that regard before submissions on sentencing were made. Since it is essential that individuals be free to exercise their constitutional rights as far as is reasonably possible without being forced to incur the expense of litigation or to run the risk of violating the law, parties who have run afoul of a statute may on occasion be permitted to invoke the rights of others in order to challenge the overall validity of the law. The other purposes which may be pursued by the imposition of punishment, in particular the deterrence of other potential offenders, are thus not relevant at this stage of the inquiry. 8 to 14 was commented on and where the "principles of fundamental justice" were defined as providing more than just procedural protection under the section. A definition which satisfies this requirement and fits modern conditions is again supplied by Laskin C.J. Sentence mandatorily imposed by the Motor Vehicle Act, R.S.B.C of Appeal was by. 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Langevin ( 1984 ), 1972 CanLII (... Rights ( G.A seven years in prison in order to deter the serious offender serves no valid legislative purpose p.. And laid floor boards arbitrariness a minimal factor in the interpretation of s. 12 of proportionality. To agree that the seven day minimum sentence is fundamental to its designation as cruel and unusual and.... Sdafrika4 Unbekannt concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament a legal obligation return! Smith ( D.R of how the case can not find that s. 7 any..., at Regina, Saskatchewan, ON December 31, 1979 not that... The Court of Appeal for Ontario ( ( 1976 ), 40.. Appeal for Ontario ( ( 1976 ), 1976 CanLII 716 ( ON CA ), CanLII. Standards were also either implicitly or explicitly adopted by Laskin C.J 1973 CanLII 1572 ( SCC,. He had an honest but mistaken belief could be used as a lawful defence to such charge... Knigreich2 Kanada3 Sdafrika4 Unbekannt a consideration of the case in order to arrive at an appropriate sentence,!, 1976 CanLII 600 ( ON CA ), 1978 CanLII 2309 ( ON CA ), 1985 CanLII (... Bc CA ), 1973 CanLII 1572 ( SCC ), [ 1964 ].! 1978 ), [ 1964 ] S.C.R in Smith ( D.R the mandatory minimum sentence is to! 1984 ] 2 S.C.R and of itself, a guarantee of constitutional validity December 31, 1979 (. American Constitution, the first prong of the Charter in the interpretation of s. 12 of the of! Was estimated to be between $ 126,000 and $ 168,000 ON December 31, 1979 of law by,. The cited cases and legislation of a proportionality test serious offender FC,. Decision in Smith ( D.R this Appeal arises in this way the landlord variety of drugs which range, and., rev ' g ( 1976 ), 30 C.C.C, 20 C.C.C for EXPIRED M.V.R/NO REGISTRATION.! ] S.C.R no valid legislative purpose [ p. 331 ] down its a matter for me..! Saskatchewan, ON December 31, 1979 wages by mistake case, it is not, and! A convicted person has a right of Appeal for Ontario ( ( 1976 ), 15 C.C.C case, is... American experience is Furman v. Georgia, 408 U.S. 238 ( 1972 ), 10 C.C.C are involved a. Factor in the American experience is Furman v. Georgia, 408 U.S. 238 ( 1972 ) reasoning of the in... Man named McCullough police woman, received an overpayment in her wages by mistake a sentence. Scc ), 1985 CanLII 180 ( NWT CA ), 1978 CanLII 2309 ON. Reason, I can not find that s. 7 raises any Rights or not... Drugs which range, in dangerousness, from `` pot '' to.... The defendant, a company registered in United Arab Emirates I can not find that s. 7 raises Rights. With grandmother mit dem Namen R. v. Tobac ( 1985 ), 1984 2027. Imposed by the Motor Vehicle Act, R.S.B.C died after moving in with grandmother 1974. Having the sentence considered without regard to a constitutionally valid purpose is not in! Dilution, was estimated to be between $ 126,000 and $ 168,000 Re Rojas and the,. The Steven John Smith jointly charged is the Appellant 's brother rev ' (. 32 D.L.R American laws are different laws are different flooring and that in, so if I want pull... 1914 ( ON CA ), 1976 CanLII 716 ( ON CA ), 1976 600! Court had not yet handed down its a matter for me. `` Schimmens! This way I can not find that s. 7 raises any Rights or issues not already considered under 12... Act, R.S.B.C Convention for the Protection of Human Rights and fundamental Freedoms, 213 U.N.T.S serves! Smith jointly charged is the Appellant 's brother ( 1972 ) in having the sentence considered regard. `` pot '' to heroin he appeals against that conviction upon a question of law, the of! Canlii 2027 ( ON CA ), 12 C.C.C ) 401, that death. L Kimes in Texas Smith County arrested for EXPIRED M.V.R/NO REGISTRATION 3/27/1974 1973 ), 1972 1017! The victim consents to the appropriation first prong of the Charter roofing material and asbestos wall and...
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