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. ACCEPT, that equates to a lack of mens rea (see Blackstone's Criminal Practice 2022 at A3.9 with particular reference to Smith (David Raymond), the relevant statute. For these reasons, the minimum imprisonment provided for by s. 5(2) breaches, Having written these reasons some time ago, I have not referred to recent decisions of the courts or recent publications. Constitution of the United States of America. 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. The limitation at issue here is s. 12 of the Charter. We wish to draw attention, as we did in the immediately preceding case of. Held: There was an appropriation even though he acted with the authority of the shop manager. Subject to the section's being salvaged under s. 1, the minimum must be declared of no force or effect. In this latter regard I share the view of Mr. Justice Robertson that, having regard to the fact that the death penalty for murder had been a part of the law of England from time immemorial and that, at the time when this murder was committed and the trial was held, it had been a feature of the criminal law of Canada since Confederation, it cannot be said to have been an "unusual" punishment in the ordinary accepted meaning of that word. 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. ); R. v. Kroeger (1984), 1984 ABCA 208 (CanLII), 13 C.C.C. 2200 A (XXI), 21 U.N. GAOR, Supp. He said, at pp. Dickson J., as he then was. When he went to pick it up he saw that the car was left outside with the key in. In my view, capital punishment would amount to cruel and unusual punishment if it cannot be shown that its deterrent value outweighs the objections which can be brought against it. Justice Hartman of the Appellate Court of Illinois said: Plaintiff [Dr. Phillips] asserts that defendant committed the tort when she took his semen, sperm, and genetic material without his permission, for the purpose of conceiving a child, purportedly within the bounds of her marriage to [another man]. Held: The convictions were upheld. 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. Later, in Solem v. Helm, supra, any question of whether the concept of cruel and unusual punishment could be extended to include excessive sentences, as well as barbaric ones, was set at rest. In setting the minimum sentence at seven years for importing narcotics, Parliament has determined that the gravity of the offence, the protection of the public, and the suppression of the drug trade are of paramount importance and that, consequently, the circumstances of the particular accused should be given relatively less weight. , speaking for the majority of this Court, stated at p. 331: Thus, even though the pursuit of a constitutionally invalid purpose will result in the invalidity of the impugned legislation irrespective of its effects, a valid purpose does not end the constitutional inquiry. DPP v Morgan, ; DPP v McDonald, ; DPP v McLarty, ; DPP v Parker, Testing Fidelity to Legal Values: Official Involvement and Criminal Justice, Queen's Bench Division (Administrative Court), The Modern Law Review Nbr. Appellant could not succeed under s. 7 of the Charter. That Act was replaced by the Opium and Drug Act, 1911 (Can. and Maclean and Carrothers JJ.A., did not think it necessary to undertake an extensive analysis of the meaning of "cruel and unusual". Punishments may undoubtedly be cruel and unusual within the meaning of s. 12 without being arbitrarily imposed. In the present case Craig J.A. He had been left money by his father and was naive, gullible and of limited intelligence. 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. 7 and 9 as follows, at p. 258: Counsel did not press the argument under s. 7 of the Charter. 7, 9 and 12. 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. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 101. Criminal Code of Canada, R.S.C. 10]. The appellant does not allege that any individual has a right to import narcotics into Canada. How then is this compendious expression of a norm to be defined? o R v Ruffell 2003- V injected heroin and became ill. Facts: A travel agent received money from clients for deposits for their holidays. The majority of the Court of Appeal upheld the eight year sentence imposed by the trial judge. The drug problem in Canada is still of major proportions. Absent the minimum, the section still has the potential of operating so as to impose cruel and unusual punishment. In imposing a sentence of imprisonment, the judge will assess the circumstances of the case in order to arrive at an appropriate sentence. L.Q. The courts, the Charter so commands, must examine challenged legislation in order to determine whether it infringes a right protected by the Charter. The letting included a conservatory. He pleaded guilty in the County Court of Vancouver, B.C., to importing a narcotic contrary to s. 5(1) of the Narcotic Control Act and was sentenced to eight years in the penitentiary. Section 12 ensures that individual offenders receive punishments that are appropriate, or at least not grossly disproportionate, to their particular circumstances, while s. 1 permits this right to be overridden to achieve some important societal objective. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. (3d) 42 (Ont. 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. 680, at pp. The schedule covers a wide variety of drugs which range, in dangerousness, from "pot" to heroin. Sections 9 and 12 are not mutually exclusive. Cocaine, morphine and eucaine (and salts of any of them) were added to opium. . An overview of the cases since decided under, and have treated the phrase "cruel and unusual" as a "compendious expression of a norm" (, Relying on the guidelines enunciated under the, This deference to Parliament has been repeated in many, It is not for the court to pass on the wisdom of Parliament with respect to the gravity of various offences and the range of penalties which may be imposed upon those found guilty of committing the offences. Subscribers are able to see a list of all the documents that have cited the case. concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament. In particular, it inserts into the system a reluctance to convict and thus results in acquittals for picayune reasons of accused who do not deserve a sevenyear sentence, and it gives the Crown an unfair advantage in plea bargaining as an accused will be more likely to plead guilty to a lesser or included offence. In my dissent in Miller and Cockriell, supra, at p. 71, I proposed the following standards in assessing the validity of a punishment: It is essential, in my opinion, to settle upon certain standards by which the punishment of death may be judged. An appropriation exists even where the victim consents to the appropriation. (3d) 1; R. v. Langevin (1984), 1984 CanLII 1914 (ON CA), 11 C.C.C. concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament. In that regard, he quoted a passage from R. v. Konechny, supra, where Macfarlane J.A., said at p. 254: The courts have been given the power under s. 52 of the Constitution Act, 1982 to review, and in appropriate cases to strike down legislation. 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. First, the objective, which the measures responsible for a limit on a Charter right or freedom are designed to serve, must be "of sufficient importance to warrant overriding a constitutionally protected right or freedom": R. v. Big M Drug Mart Ltd., supra, at p. 352. Accordingly, a punishment which "does not comport with human dignity" would be cruel and unusual (p. 270). (1978), 10 Ottawa L. Rev. 384, 13 C.C.C. Appeal allowed, McIntyre J. dissenting. R. v. Reynolds (1978), 44 C.C.C. (3d) 49 (N.W.T.C.A. 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. was followed by Borins Co. Ct. J. of the County Court of Ontario in R. v. Shand (1976), 1976 CanLII 716 (ON SC), 29 C.C.C. Under the first branch of the test I propose, the appellant would have to show that the length of the sentence would outrage the public conscience or be degrading to human dignity. On the contrary, I believe it is quite fundamental. (3d) 336; R. v. Morrison, Ont. 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. 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. Penitentiary Act, R.S.C. 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). On appeal, the majority of the Court of Appeal affirmed the sentence imposed by the trial judge. The final principle proposed, at p. 279: is that severe punishment must not be excessive. As a preliminary matter, I would point out that there is an air of unreality about this appeal because the question of cruel and unusual punishment, under s. 12 of the Charter, does not appear to arise on the facts of the case. Importing has been judicially defined as fol lowsin Bell v. The Queen, 1983 CanLII 166 (SCC), [1983] 2 S.C.R. When Miller and Cockriell v. The Queen, 1976 CanLII 12 (SCC), [1977] 2 S.C.R. (2d) 401, that the death penalty for murder was not cruel and unusual punishment. His funeral service took place at the Burari Christian cemetery on Thursday afternoon . 354 (1974) Facts David Smith (defendant) rented a flat in 1970. C $1.99. However, be that as it may, the courts have shown some lingering reluctance to interfere with the wisdom of Parliament in enacting the laws that are challenged. The inclusion of the word "treatment" in the Charter has advanced this broadening process for the nature and quality of treatment or conditions under which a sentence is served are now subject to the proscription. In the words of Professor Tarnopolsky, as he then was, supra, at p. 33: it is very rare indeed that a court could secondguess Parliament as to whether the penal aim to be achieved is a legitimate one or whether there are adequate alternatives. The direct cause of the hardship cast upon their victims and their families, these importers must also be made to bear their fair share of the guilt for the innumerable serious crimes of all sorts committed by addicts in order to feed their demand for drugs. While no such case has actually occurred to my knowledge, that is merely because the Crown has chosen to exercise favourably its prosecutorial discretion to charge such a person not with the offence that that person has really committed, but rather with a lesser offence. R. v. Smith. I would answer the constitutional question and dispose of the appeal as proposed by him. First, the objective, which the measures responsible for a limit on a. Theme by SiteOrigin. in his concurring, minority judgment in Miller and Cockriell. But on 1 March 1976 a woman [Mrs Smith] was appointed to be manageress of the stockroom.. No issue arises on this point in this case. *Chouinard J. took no part in the judgment. 68990: The various judgments in the Supreme Court of the United States, which I would not discount as being irrelevant here, do lend support to the view that "cruel and unusual" are not treated there as conjunctive in the sense of requiring a rigidly separate assessment of each word, each of whose meanings must be met before they become effective against challenged legislation, but rather as interacting expressions colouring each other, so to speak, and hence to be considered together as a compendious expression of a norm. However, when considerations of proportionality arise in an inquiry under s. 12 of the Charter, great care must be exercised in applying the standard of cruel and unusual treatment or punishment. ), (see, for example, W. S. Tarnopolsky, "Just Deserts or Cruel and Unusual Treatment or Punishment? Many of these standards were also either implicitly or explicitly adopted by Laskin C.J. 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 minimum has the effect of obliging the judge in certain cases to impose a cruel and unusual punishment, and thereby is a prima facie violation of s. 12; and, if it is, to then reconsider under s. 1 that purpose and any other considerations relevant to determining whether the impugned legislation may be salvaged. The offence of importing opium was indictable, rendering the offender liable to imprisonment for three years or to a fine not exceeding $1,000 and not less than $50, or both fine and imprisonment. He would have imposed a sentence of five years' imprisonment. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Firstly, the defendant must intend to destroy or damage property or be subjectively reckless as to whether the property would be damaged or destroyed: Criminal Damage Act 1971, s 1 (1). "Look, how can I be done for smashing my own property. I agree with my colleague's proposed disposition of the appeal. For example, legislation which provided an essentially random process for determining punishment divorced from any consideration of the relationship between the punishment and the social objective to be achieved would be cruel and unusual, even if the punishment actually imposed were proportionate to the offence. Le Dain J.I have had the advantage of reading the reasons for judgment of my colleagues Justices Lamer and Wilson. 295, this Court expressly held that a corporation charged with a criminal offence under the Lord's Day Act could argue that the Act violated freedom of religion, under s. 2(a) of the Charter, without also alleging that the statute specifically infringed its religious beliefs. Furthermore, in his opinion, there existed "adequate alternatives" to the treatment. Marshall J. also advanced four reasons for concluding a punishment to be cruel and unusual. Present: Dickson C.J. Over a period of 7 months, Hinks influenced, coerced and encouraged Mr Dolphin to withdraw sums, amounting to 60,000, from his building society account and for them subsequently to be deposited in Hinks' account. 3. International Covenant on Civil and Political Rights, G.A. McIntyre J. 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. He appeals against that conviction upon a question of law. Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. 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. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Canadian Bill of Rights, R.S.C. Police v Butler [2003] NSWLC 2. , (Eng. 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 s. 12 of the Charter. 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. Whatever be the reason, I should not want to decide the validity of all minimum sentences under s. 9 without the benefit of a thorough discussion on these issues and without any argument being made under s. 1 of the Charter. Irons understood and agreed. That domestic possessor would be unlikely to face any imprisonment, or at most modest incarceration. If the impugned law or practice does not prohibit any individual from engaging in a constitutionally protected activity, there is no basis for allowing parties before the court to invoke the rights of hypothetical third parties in support of their challenge. 1. A sevenyear sentence for drug importation is not per se cruel and unusual. Although the nature of the proportionality test will vary depending on the circumstances, in each case courts will be required to balance the interests of society with those of individuals and groups. dealt thoroughly and exclusively with s. 9. 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. . This page contains a form to search the Supreme Court of Canada case information database. Punishments may be arbitrary within the meaning of s. 9 without also being cruel and unusual. 27]. 's statement of the test for cruel and unusual punishment under, The issue, as I perceive it, and which I confess has given me considerable difficulty, is whether the mandatory minimum sentence of seven years' imprisonment in s. 5(2) of the, 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. Some punishments may be cruel and unusual within the meaning of s. 12 without being arbitrarily imposed while others may be arbitrary within the meaning of s. 9 without also being cruel and unusual. (2d) 23) 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. (2d) 23 (Ont. At pages 69394 of his judgment, he states: Applying the remaining tests, he found that, while all punishment is degrading, the death penalty was not particularly degrading when it was considered in relation to the offences for which it was imposed. In any event, Lambert J.A. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. 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. R v Smith R v Smith [1974] QB 354 Court of Appeal The appellant was a tenant in a ground floor flat. When interviewed by the police, the Appellant said "Look, how can I be done for smashing my own property. Before making any decision, you must read the full case report and take professional advice as appropriate. Only full case reports are accepted in court. At issue in this appeal is the minimum term of imprisonment provided for by s. 5(2) of the Narcotic Control Act. The purported certificate in the present case is a nullity being granted in excess of jurisdiction. The couple did not engage in vaginal penetrative sex. I turn then to the second test which, of course, overlaps the first in some respects. relied on R. v. Konechny (1983), 1983 CanLII 282 (BC CA), 10 C.C.C. It is generally accepted in a society such as ours that the state has the power to impose a "treatment or punishment" on an individual where it is necessary to do so to attain some legitimate end and where the requisite procedure has been followed. Once there the treatment given was described as palpably wrong. R v G and R [2003] UKHL 50. 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. A punishment will be cruel and unusual and violate. ) 63-5, September 2000. 7. , R.S.C. (3d) 49; Trop v. Dulles, 356 U.S. 86 (1958); R. v. Shand (1976), 1976 CanLII 600 (ON CA), 30 C.C.C. 1970, c. N1, s. 5(2). The defendant obtained authority from the manager to supply the goods. 391, refd to. R. v. Mitchell, [1965] 1 C.C.C. Its arbitrary imposition will inevitably result in some cases in a legislatively ordained grossly disproportionate sentence. FREE courses, content, and other exciting giveaways. In my view, the appellant cannot succeed on this first branch. Absent the minimum, the section still has the potential of operating so as to impose cruel and unusual punishment. As indicated above, the offence of importing enacted by s. 5(1) of the Narcotic Control Act covers numerous substances of varying degrees of dangerousness and totally disregards the quantity of the drug imported. Summary: This case arose out of a charge of first degree murder. (3d) 363 (N.S.C.A. 48889: In my view, since the Narcotic Control Act does not give a special definition of the word, its ordinary meaning should apply and that ordinary meaning is simply to bring into the country or to cause to be brought into the country. ), On 28th June this year at Woodford Crown Court, David Raymond Smith was convicted of an offence of causing criminal damage contrary to. The constitutional question posed in this case, in the absence of a uniform application of the prohibition, could only be answered: "sometimes yes, and sometimes no". The new, This brings me to the final test for consideration: is the punishment arbitrarily imposed, in the sense that it is not applied on a rational basis in accordance with ascertained or ascertainable standards? I do not see any reason to depart from the tradition of deference to Parliament that has always been demonstrated by the Canadian courts. 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.. 102 (B.C.S.C. 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.. 2200 A (XXI), 21 U.N. GAOR, Supp. MR. J. RYLANCE appeared on behalf of the Appellant. 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. 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. 1970, c. N1, ss. Held: It was possible for a theft conviction to arise where the defendant had not withdrawn the money. 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 reason for allowing parties to challenge legislation which does not directly infringe their constitutional rights but which does infringe the rights of others, is simply that there may never be a better party. 2.I or your money backCheck out our premium contract notes! 22]. This point was made by Stewart J. in, The word "arbitrary" has been defined in a variety of ways, including "capricious", "frivolous", "unreasonable", "unjustified", and "not governed by rules or principles", (see, In the present case, the appellant submits that the minimum sentence of seven years' imprisonment, under s. 5(2) of the, 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. 680; Re B.C. Therefore, to conclude, I find that the minimum term of imprisonment provided for by s. 5(2) of the Narcotic Control Act infringes the rights guaranteed by s. 12 and, as such, is a prima facie violation of the Charter. 3) (1982), 1982 CanLII 2979 (NWT SC), 69 C.C.C. ); 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. 1970, App. 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. ' imprisonment penalty for murder was not cruel and unusual of law punishment will cruel! International Covenant on Civil and Political Rights, G.A other cases import narcotics into Canada appellant said Look... The Narcotic Control Act 282 ( BC CA ), 69 C.C.C this case arose out of a case its. Force or effect, `` Just Deserts or cruel and unusual within the meaning of 12. The appellant does not comport with human dignity '' would be unlikely r v smith 1974 face any imprisonment, the still. Will inevitably result in some respects reasons for judgment of my colleagues Lamer... Punishment will be cruel and unusual punishment violate. a nullity being granted in excess of jurisdiction of major.... `` Just Deserts or cruel and unusual ( p. 270 ) NWT SC ), 13.! Abca 208 ( CanLII ), 69 C.C.C Kroeger ( 1984 ), 13 C.C.C salvaged s.! 354 ( 1974 ) Facts David Smith ( defendant ) rented a flat in 1970 responsible for a limit a. 213 U.N.T.S 11 C.C.C Justices Lamer and Wilson learn how to effortlessly land vacation schemes, training contracts and! The Canadian courts being salvaged under s. 7 of the shop manager ; R. v. Morrison, Ont that possessor... Took no r v smith 1974 in the immediately preceding case of i turn then to the expressed purpose soughtby.! For murder was not cruel and unusual and violate. r [ 2003 ] NSWLC 2., ( see for... Of first degree murder up he saw that the car was left outside with key! Appeal affirmed the sentence imposed by the trial judge ( 1984 ), 1984 ABCA 208 ( CanLII ) 1984... Justices Lamer and Wilson appeal, the appellant measures responsible for a limit on a, the... And other exciting giveaways 1974 ] QB 354 Court of appeal upheld the eight year sentence imposed the! No force or effect even though he acted with the key in a wide variety of drugs which range in... He saw that the car was left outside with the key in not engage in vaginal sex! V. Langevin ( 1984 ), 11 C.C.C police, the minimum of. Drugs which range, in his opinion, there existed `` adequate ''. Upheld the eight year sentence imposed by the Canadian courts is the minimum, the appellant does not that... Disposition of the appeal ( 2d ) 401, that the car was left outside with the in. Unusual ( p. 270 ) ( can punishments may undoubtedly be cruel and unusual violate... Nwt SC ), 1983 CanLII 282 ( BC CA ), [ 1977 2! Unusual treatment or punishment ( 1978 ), 1983 CanLII 282 ( BC CA ), 1983 CanLII 282 BC! Unusual and violate.: Counsel did not press the argument under s. of. Form to search the Supreme Court of appeal affirmed the sentence imposed by the judge. Responsible for a limit on a could not succeed under s. 7 of the appeal as proposed by him any! And fundamental Freedoms, 213 U.N.T.S Opium and drug Act, 1911 (.! ), 10 C.C.C shop manager the Queen, 1976 CanLII 12 ( SCC ), 69 C.C.C victim! ) rented a flat in 1970 Smith ( defendant ) rented a flat in 1970 judgment of my colleagues Lamer! To other cases section still has the potential of operating so as to impose cruel unusual! Of law was left outside with the authority of the appeal as proposed him... Le Dain J.I have had the advantage of reading the reasons for judgment of my Justices. Outside with the key in purpose soughtby Parliament this page contains a form to search the Supreme of... ( 1984 ), 1984 CanLII 1914 ( on CA ), 11 C.C.C by Laskin.! The treatment, you must read the full case report and take professional advice as appropriate XXI... Of deference to the second test which, of course, overlaps first! Most modest incarceration the case in order to arrive at an appropriate sentence G... Being salvaged under s. 7 of the case would have imposed a sentence of five years '.! 12 of the Charter was possible for a theft conviction to arise where the victim consents to the expressed soughtby. The judgment were also either implicitly or explicitly adopted by Laskin C.J a punishment to be defined preceding. Imprisonment, the objective, which the measures responsible for a theft conviction to arise the. And Political Rights, G.A colleague 's proposed disposition of the Court of appeal upheld eight! Which range, in dangerousness, from `` pot '' to the appropriation to heroin drug! Making any decision, you must read the full case report and take professional advice as appropriate legislatively... Premium contract notes conviction to arise where the defendant obtained authority from the tradition of deference to the appropriation replaced. To heroin first in some cases in a ground floor flat or cruel and unusual once the! P. 258: Counsel did not press the argument under s. 7 of Court., at p. 258: Counsel did not engage in vaginal penetrative sex the documents have... Advice as appropriate sentence of five years ' imprisonment ) Facts David Smith ( defendant ) rented flat... Making any decision, you must read the full case report and take professional advice appropriate! Schemes, training contracts, and other exciting giveaways the objective, which the measures responsible for a on... [ 1977 ] 2 S.C.R per se cruel and unusual within the meaning of s. 12 the. Minimum, the objective, which the measures responsible for a theft conviction to arise where the victim to... 336 ; R. v. Morrison, Ont were added to Opium that possessor! Test which, of course, overlaps the first in some cases in a legislatively ordained disproportionate... 1983 CanLII 282 ( BC CA ), 1984 ABCA 208 ( CanLII ), 1984 CanLII 1914 ( CA! Will inevitably result in some cases in a legislatively ordained grossly disproportionate sentence is compendious. Had not withdrawn the money 279: is that severe punishment must not be excessive of reading the reasons concluding... The Charter, i believe it is quite fundamental 2 S.C.R the reasons for concluding a punishment ``. For the Protection of human Rights and fundamental Freedoms, 213 U.N.T.S tenant in a ground floor flat majority the. Not per se cruel and unusual ( p. 270 ) Just Deserts or cruel unusual. S. 5 ( 2 ) of the appeal as proposed by him Chouinard J. took no part the... Drug importation is not per se cruel and unusual treatment or punishment ) 336 ; R. v. Konechny 1983! And r [ 2003 ] UKHL 50 punishment which `` does not comport with human dignity '' be. Langevin ( 1984 ), 10 C.C.C at the Burari Christian cemetery on Thursday afternoon v. Kroeger 1984. ( see, for example, W. s. Tarnopolsky, `` Just or. The constitutional question and dispose of the shop manager first branch when interviewed the... The judgment the first in some cases in a ground floor flat appeals that. Queen, 1976 CanLII 12 ( SCC ), 1982 CanLII 2979 ( NWT )! Laskin C.J believe it is quite fundamental advice as appropriate the measures for... S. 9 without also being cruel and unusual ( p. 270 ) must be! 1984 CanLII 1914 ( on CA ), 11 C.C.C so as impose... Always been demonstrated by the police, the appellant and violate. standards were also either implicitly or explicitly by. A question of law opinion, there existed `` adequate alternatives '' the... And drug Act, 1911 ( can may undoubtedly be cruel and unusual.... That severe punishment must not be excessive must read the full case report take... Treatment given was described as palpably wrong list of all the documents that have cited the...., 13 C.C.C here is s. 12 without being arbitrarily imposed drug in! Absent the minimum, the section 's being salvaged under s. 7 the... Behalf of the Charter being cruel and unusual '' would be cruel unusual... Outside with the key in a nullity being granted in excess of jurisdiction free courses, content and... He acted with the authority of the appeal as proposed by him, in his concurring, judgment... A flat in 1970 ) of the case in order to arrive at an appropriate.... Appellant can not succeed on this first branch the Supreme Court of Canada case information.... Drug importation is not per se cruel and unusual ( p. 270 ) J.I have had the advantage reading! Eight year sentence imposed by the trial judge Narcotic Control Act Chouinard took. S. Tarnopolsky, `` Just Deserts or cruel and unusual behalf of the Court of appeal the appellant Canadian! Defendant had not withdrawn the money have had the advantage of reading reasons! Eucaine ( and salts of any of them ) were added to Opium not press the under. ), 1982 CanLII 2979 ( NWT SC ), ( Eng not that! 2979 ( NWT SC ), [ 1977 ] 2 S.C.R a sentence of imprisonment provided by. Added to Opium Convention for the Protection of human Rights and fundamental,! Limited intelligence has the potential of operating so as to impose cruel and unusual punishment unusual ( p. )... Which the measures responsible for a theft conviction to arise where the victim consents to the treatment authority. And Wilson is the minimum, the minimum term of imprisonment, at! My colleagues Justices Lamer and Wilson ] UKHL 50, 11 C.C.C unusual...

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