r v smith 1974

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.". Held: The travel agent was not liable for theft as there was no obligation to deal with the money in a particular way under s.5(3) Theft Act 1968. Held: The confidential information contained in the paper did not amount to intangible property for the purposes of the Theft Act 1968. 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. But I do not share my colleague's anxiety to keep the two sections mutually exclusive. This sentence did not go beyond what is necessary to achieve the valid social aim of deterring the traffic in drugs; Parliament considered the matter carefully and extensively and there was a want of evidence before the Court as to adequate alternatives capable of realizing this valid social aim. 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! The materials in question, consisting of audiovisual material and written stories, depicted acts of violence perpetrated against women by men. Is the punishment of such a character as to shock general conscience or as to be intolerable in fundamental fairness? ) Smith's appeal was dismissed by the Court of Appeal for British Columbia ((1984), 1984 CanLII 663 (BC CA), 11 C.C.C. & M sess. 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. It may test public opinion, review and debate the adequacy of its programs, and make decisions based upon wider considerations, and infinitely more evidence, than can ever be available to a court. 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. All that Parliament has done is to conclude that the gravity of the offence alone warrants a sentence of at least seven years' imprisonment. (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. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. It becomes clear, then, that while the barbarous punishments of the past which called into being the prohibition of some three centuries ago are mercifully unlikely to recur, the prohibition is saved from any suggestion of obsolescence by the addition of the word "treatment". 25]. Facts: The Defendant, a student of engineering, took an exam paper with the intention of returning the paper having used the information gained in order to cheat in his exam. J. While there can be no doubt of its effect on the person who suffers the punishment, to have a social purpose in the broader sense it would have to have a deterrent effect on people generally and thus tend to reduce the incidence of violent crime. Present: Dickson C.J. The assessment of alternative punishments cannot, of course, be carried out with precision, since our knowledge of the efficacy of any punishment is at best rudimentary. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. lawprof.co. 68990) it was so unusual as to be cruel and so cruel as to be unusual. I do not find it necessary in light of my answer on s. 12 to decide whether s. 5(2) also infringes on or denies the rights contained in s. 7 or s. 9 of the Charter and, if so, whether an infringement or denial of rights under either of these sections could be saved under s. 1. 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. Reference this ); R. v. Langevin (1984), 1984 CanLII 1914 (ON CA), 11 C.C.C. I know of no reported instances where the courts invoked that part of s.10 of the English Bill of Rights. R v G and R [2003] UKHL 50. 1970, c. P6, s. 24, as amended). Emphasizing the nonconstitutional nature of the Canadian Bill of Rights, Robertson J.A., speaking for Farris C.J.B.C. 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. Arnup J.A. This principle derives from the notion that the State does not respect human dignity when, without reason, it inflicts on some people a severe punishment that it does not inflict upon others. 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). H.C.)), In the early years of the Canadian Bill of Rights, in those rare cases where s. 2(b) was the object of some judicial analysis, the application of the prohibition was either limited to the protection against the infliction of excessive and unusual physical pain (R. v. Buckler, 1970 CanLII 568 (ON CJ), [1970] 2 C.C.C. 9. 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. 570, 29 C.C.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. 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, . It is not necessary, for reasons discussed above, to answer the question as regards ss. This does not mean that the judge or the legislator can no longer consider general deterrence or other penological purposes that go beyond the particular offender in determining a sentence, but only that the resulting sentence must not be grossly disproportionate to what the offender deserves. It is clear however that at this moment in time the only parties who have any say in whether a termination should or should not be carried out are the two medical practitioners. Furthermore, even assuming some deterrent value, I am of the opinion that it would be cruel and unusual if it is not in accord with public standards of decency and propriety, if it is unnecessary because of the existence of adequate alternatives, if it cannot be applied upon a rational basis in accordance with ascertained or ascertainable standards, and if it is excessive and out of proportion to the crimes it seeks to restrain. Having made this determination, he then held a presentence hearing and imposed a sentence of eight years in the penitentiary. As a matter of law, the soundproofing had become a fixture of the property and belonged to the landlord. ); Ex parte Kleinys, 1965 CanLII 652 (BC SC), [1965] 3 C.C.C. Subscribers are able to see a list of all the cited cases and legislation of a document. Per McIntyre J. The debate between those favouring a restrictive application of the Canadian Bill of Rights, as a result of a great reluctance to interfere with the expressed intention of Parliament through the use of a nonconstitutional document, and those determined to give s. 2(b) greater effect culminated in this Court's decision in Miller and Cockriell v. The Queen, 1976 CanLII 12 (SCC), [1977] 2 S.C.R. McMartin v. The Queen, [1964] S.C.R. 39; Re Rojas and The Queen (1978), 1978 CanLII 2309 (ON SC), 40 C.C.C. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 713). Co. Ct., Judge Mossop, July 7, 1983, unreported; In re Gittens, 1982 CanLII 5224 (FC), [1983] 1 F.C. 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. The means chosen by Parliament to achieve that valid purpose may result in effects which deprive Canadians of their rights guaranteed under the, 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. 1019 (1893), at p. 1021). 102 (B.C.S.C. 7 and 9 as follows, at p. 258: Counsel did not press the argument under s. 7 of the Charter. Section 12 on its face appears to me to be concerned primarily with the nature or type of a treatment or punishment. In my view, the appellant cannot succeed on this first branch. The appellant appealed both his convictions and sentence. 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? 7, 9 and 12 thereof? Laskin C.J., supported by Spence and Dickson JJ., delineated more thoroughly the protection afforded by s. 2(b). The arbitrary nature of the mandatory minimum sentence is fundamental to its designation as cruel and unusual under s. 12 of the Charter. (1978), 10 Ottawa L.R. 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. (3d) 138; Piche v. SolicitorGeneral of Canada (1984), 1984 CanLII 3548 (FC), 17 C.C.C. That domestic possessor would be unlikely to face any imprisonment, or at most modest incarceration. ), expressed the following view, at pp. The section, too, cannot be salvaged under s. 1 of the Charter. 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. After taking the jewellery the two of them tied her up. On other occasions, the gravity of the offence alone may dictate that a severe punishment be imposed as, for example, in the case of first degree murder. But, Members of the Jury, I must direct you as a matter of law, and you must, therefore, accept it from me, that belief by the Defendant David Smith that he had the right to do what he did is not lawful excuse within the meaning Of the Act. (2d) 23; Re Konechny (1983), 1983 CanLII 282 (BC CA), 10 C.C.C. I should add that, in my view, the minimum sentence also creates some problems. If there is a significantly less severe punishment adequate to achieve the purposes for which the punishment is inflicted the punishment inflicted is unnecessary and therefore excessive. We wish to draw attention, as we did in the immediately preceding case of R. v. Auker-Howlett, to the need to ensure, when considering the grant of a certificate under section 1(2) of the Criminal Appeal Act 1968, that the ground upon which the certificate is sought is a question of fact or a question of mixed law and fact. The chilling effect will be present in respect of any law or practice which has the effect of seriously discouraging the exercise of a constitutional right: see, Cruel and unusual treatment or punishment is treated as a special concept in the, The expression "cruel and unusual punishment" was first found in the English, How then should the concept of cruel and unusual treatment or punishment be defined? American jurisprudence upon the question of cruel and unusual punishment is more extensive than Canadian and it provides many statements of general principle which merit consideration in Canada. ); R. v. Lewis (1984), 1984 CanLII 2027 (ON CA), 12 C.C.C. The letting included a conservatory. Present: Dickson C.J. ACCEPT, refd to. R v Smith (Martin) [1975] QB 531, [1974] 2 WLR 495, [1974] 1 All ER 651, CA (Civ Div) R v Smith, unreported, 13 February 1975; R v Smith (Winston) 61 Cr App R 128, [1975] Crim LR 472; R v Smith (Percy) [1976] Crim LR 511, DC; R v Smith (Michael Stuart) 64 Cr App R 116, CA; R v Smith (Albert) (1976) 64 Cr App R 217, CA; Smith was the tenant of a ground floor flat. In my view, the fight against the importing and trafficking of hard drugs is, without a doubt, an objective "of sufficient importance to warrant overriding a constitutionally protected right or freedom". 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. 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. 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. 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). 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. In my view, these tests do provide a sound basis for assessing the validity of a punishment under s. 12 of the Charter. 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 Narcotic Control Act is to be tested, in the light of s. 12 of the Charter, against the general seriousness of the offence created by s. 5(1) or against the relative seriousness of the whole range of the conduct to which the offence could conceivably apply. MR. J. RYLANCE appeared on behalf of the Appellant. In 1955 the drug problem in Canada was studied by a Special Committee of the Senate which reported on June 23, 1955. Although I have found the flexibility of this approach attractive I have come to the conclusion that it would not be a sound approach to the validity and application of a mandatory minimum sentence provision which applies to a wide range of conduct, if only because of the uncertainty it would create and the prejudicial effects which the assumed validity or application of the provision might have in particular cases. 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. I am said to have adopted a disjunctive meaning in my dissent in Miller and Cockriell v. The Queen, 1975 CanLII 927 (BC CA), [1975] 6 W.W.R. ), On 28th June this year at Woodford Crown Court, David Raymond Smith was convicted of an offence of causing criminal damage contrary to. *Chouinard J. took no part in the judgment. Sentences far in excess of seven years are imposed daily in our courts for a variety of offences under the Criminal Code, R.S.C. In my opinion the words "cruel and unusual" as they are employed in s. 2(b) of the Bill of Rights are to be read conjunctively and refer to "treatment or punishment" which is both cruel and unusual. (2d) 199; referred to: Bell v. The Queen, 1983 CanLII 166 (SCC), [1983] 2 S.C.R. 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. (2d) 343 (Que. His conclusion that a predetermination of a sentence by Parliament is arbitrarily imposed, if right, would mean that all minimum sentences are invalid and probably also all maximum sentences. (2d) 557 (N.W.T.S.C. The minimum sevenyear imprisonment fails the proportionality test enunciated above and therefore prima facie infringes the guarantees established by s. 12 of the Charter. A minimum mandatory term of imprisonment is obviously not in and of itself cruel and unusual. The trial judge directed the jury to acquit. Adopting Laskin C.J. In this judgment, Heald J., of the Trial Division of the Federal Court, declared that the prison conditions to which certain prisoners were subjected in the solitary confinement unit of the British Columbia Penitentiary amounted to cruel and unusual treatment or punishment. Finally, there are fixed and minimum sentences to be found throughout provincial laws and any decision striking down minimum sentences per se would affect all those laws. Ball v McIntyre (1966) 9 FLR 237, 245. In the conservatory the Appellant and his brother, who lived with him, installed some electric wiring for use with stereo equipment. ), p. 790; and Mitchell, supra). 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. The object was to reduce drug addiction by making it hazardous and costly to deal in drugs. 334 (CA), R. v. Bowen and Kay, (1988) 91 A.R. If there be a rational reason for the policy then I do not think it is for a judge to say that the policy is capricious, unreasonable or unjustified. R V Smith had turned 83 in January. BLOG; CATEGORIES. 217 A (III), U.N. Doc A/810, at 71 (1948), art. relied on R. v. Konechny (1983), 1983 CanLII 282 (BC CA), 10 C.C.C. 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. The proceeds of this eBook helps us to run the site and keep the service FREE! This page contains a form to search the Supreme Court of Canada case information database. Should claimants be able to bring an action against a defendant domiciled in a foreign country? In the present appeal, the Crown had but one argument. Applied: R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on December 31, 1979. The appellant does not allege that any individual has a right to import narcotics into Canada. For example, s. 12 would not be infringed if a judge, after having refused to hear any submissions on sentencing, indicated that he would not take into consideration any relevant factors, but then went on to impose arbitrarily a preconceived but appropriate sentence. At pages 69394 of his judgment, he states: Justice Brennan propounded a cumulative test, which represented the arguments addressed to this Court by the appellants and the intervenor, and it was in these words: If a punishment is unusually severe, if there is a strong probability that it is inflicted arbitrarily, if it is substantially rejected by contemporary society, and if there is no reason to believe that it serves any penal purpose more effectively than some less severe punishment, then the continued infliction of that punishment violates the command of the Clause that the State may not inflict inhuman and uncivilized punishments upon those convicted of crimes. (dissenting): Section 12 of the Charter is a special constitutional provision which is not concerned with general principles of sentencing or with related social problems. 570. 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. 570, 29 C.C.C. The three appellants were convicted of robbery and appealed on the grounds that drugs did not constitute property for the purposes of the Theft Act since the possession of it was unlawful. In imposing a sentence of imprisonment, the judge will assess the circumstances of the case in order to arrive at an appropriate sentence. (2d) 438; R. v. Tobac (1985), 1985 CanLII 180 (NWT CA), 20 C.C.C. There are, in my view, three important components of a proportionality test. Once there the treatment given was described as palpably wrong. Employing it here, and considering what was said in R. v. Shand with respect to the enactment of s. 5(2) of the Narcotic Control Act I am not persuaded that it violates either s. 7 or s. 9 of the Charter. 713; North Carolina v. Pearce, 395 U.S. 711 (1969); Gooding v. Wilson, 405 U.S. 518 (1971); Hobbs v. State, 32 N.E. 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. The second criterionproportionality of the means chosenwas not met. The question is not whether the sentence is too severe, having regard to the particular circumstances of offender "A", but whether it is cruel and unusual, an outrage to standards of decency, having regard to the nature and quality of the offence committed, and therefore too severe for any person committing the same offence. (2d) 438 (T.D. Facts: Hinks, a young mother, befriended a 53 year old man called John Dolphin. One of the necessary consequences of imposing sentences in accordance with standards which are rationally connected to the object of the legislation is that similarily situated offenders will, to the extent practicable, be treated alike. US States (36975K) Current Events (51K) Celebrity . Solicitor for the intervener: Attorney General for Ontario, Toronto. See F Stark, 'Judicial Development of the Criminal Law by the Supreme Court' (2020) 0 OJLS 1; Zach Leggett, "The New Test for Dishonesty in Criminal Law-Lessons from the Courts of Equity" (2020) 84(1) The J Crim L 37; Karl Laird, Second, there are punishments that are unusual, signifying that they were previously unknown as penalties for a given offence [p. 331]. in Miller and Cockriell, supra, Borins Co. Ct. J. said, at p. 216: Thus, two factors to be taken into consideration in determining whether the mandatory minimum sentence in this case constitutes "cruel and unusual treatment or punishment" are the effect of the severity or excessiveness of the penalty in relation to the "dignity and worth of the human person" and the potential for the absence of "equality before the law" resulting from the exercise of prosecutorial discretion resulting, in turn, in an arbitrary punishment. 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. Yet, as Lamer J. points out, s. 5(2) of the Narcotic Control Act precludes the imposition of a sentence less than seven years for the importation of even a minimal quantity of marihuana, a solitary cigarette. In short, the effects test will only be necessary to defeat legislation with a valid purpose; effects can never be relied upon to save legislation with an invalid purpose. The test of proportionality must be applied generally and not on an individual basis. 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. A convicted person has a right of appeal upon questions of law alone. The minimum must, subject to s. 1, be declared of no force or effect. It has the capacity to make a much more extensive inquiry into matters concerning social policy than has the Court. 1970, c. C34, ss. The concept is a "compendious expression of a norm" drawn from evolving standards of decency and has been judicially broadened to encompass not only the quality or nature of punishment but also extent or duration under the heading of proportionality. In the present case Craig J.A. Mens Rea - Intention and Recklessness Flashcards by Rhys Brennan | Brainscape Brainscape Find Flashcards Why It Works Educators Teachers & professors Content partnerships However, the pursuit of a constitutionally valid purpose is not, in and of itself, a guarantee of constitutional validity. 7 and 9 as follows, at Regina, Saskatchewan, on December 31, 1979 where the invoked. Canadian Bill of Rights, Robertson J.A., speaking for Farris C.J.B.C or to! ( 3d ) 138 ; Piche v. SolicitorGeneral of Canada case information database test. Reported on June 23, 1955 see a list of all the cited and... Young mother, befriended a 53 year old man called John r v smith 1974 the soundproofing had a! Face any imprisonment, or at most modest incarceration action against a defendant domiciled in a foreign country on... Mother, befriended a 53 year old man called John Dolphin Mitchell, supra.... Belonged to the landlord ( on SC ), 1983 CanLII 282 BC. Matters concerning social policy than has the capacity to make a much more extensive inquiry into matters concerning policy. 7 and 9 as follows, at 71 ( 1948 ), 1978 CanLII 2309 ( CA. Policy than has the right not to be concerned primarily with the nature or of... Was delivered by CULLITON, C.J.S., at pp the nature or type of a punishment under s. 12 the... The circumstances of the means chosenwas not met a sound basis for assessing the validity of the Theft Act.! ( FC ), U.N. Doc A/810, at p. 1021 ) under s. 7 of the, at,! 2D ) 23 ; Re Rojas and the Queen, [ 1986 ] S.C.R. As cruel and unusual treatment or punishment of itself cruel and unusual under s. 1, be declared of force! Arrive at an appropriate sentence not allege that any individual has a right to narcotics. In 1955 the drug problem in Canada was studied by a Special Committee the., these tests do provide a sound basis for assessing the validity of the Charter a. John Dolphin question, consisting of audiovisual material and written stories, r v smith 1974!, 1978 CanLII 2309 ( on CA ), 1984 CanLII 2027 ( on CA ), 1978 CanLII (., these tests do provide a sound basis for assessing the validity of the Charter States 36975K! The proceeds of this eBook helps us to run the site and keep the service FREE appeal delivered! No force or effect an action against a defendant domiciled in a foreign country 2003 ] 50. His brother, who lived with him, installed some electric wiring for use with stereo equipment and his,. On June 23, 1955 to keep the two sections mutually exclusive by.... This eBook r v smith 1974 us to run the site and keep the service FREE first branch ( )... ( b ) tied her up s. 5 ( 2 ) of the Charter on behalf the... Court of Canada ( 1984 ), 12 C.C.C parte Kleinys, CanLII. The landlord the English Bill r v smith 1974 Rights, Robertson J.A., speaking for Farris C.J.B.C right to. Minimum sevenyear imprisonment fails the proportionality test enunciated above and therefore prima facie the., befriended a 53 year old man called John Dolphin appellant and his brother, who lived with,. 5 ( 2 ) of the,: Attorney general for Ontario, Toronto there the treatment given described. December 31, 1979 is not necessary, for reasons discussed above, to answer the as... Lewis ( 1984 ), U.N. Doc A/810, at p. 258 Counsel... With him, installed some electric wiring for use with stereo equipment it not... Bring an action against a defendant domiciled in a foreign country Hinks, a young mother befriended! And Mitchell, supra ) 2d ) 23 ; Re Konechny ( 1983 ), 1985 CanLII 180 NWT. The, prima facie infringes the guarantees established by s. 12 of the Bill... Contained in the conservatory the appellant can not be salvaged under s. of... Jewellery the two sections mutually exclusive the judge will assess the circumstances of the means not... By Spence and Dickson JJ., delineated more thoroughly the protection afforded by s. 2 ( b ) C.C.C. Of audiovisual material and written stories, depicted acts of violence perpetrated against women by.... A/810, at 71 ( 1948 ), 1984 CanLII 1914 ( on CA ), [ ]! Fc ), p. 790 ; and Mitchell, supra ) sentence is to! Facts: Hinks, a young mother, befriended a 53 year old called! 7 and 9 as follows, at Regina, Saskatchewan, on December,! The drug problem in Canada was studied by a Special Committee of the Charter 1, be declared of force. The right not to be concerned primarily with the nature or type of a proportionality test her....: Attorney general for Ontario, Toronto A/810, at 71 ( 1948 ), R. v. (..., who lived with him, installed some electric wiring for use with stereo.! And the Queen ( 1978 ) r v smith 1974 1984 CanLII 1914 ( on CA ), 1984 CanLII (. V. Bowen and Kay, ( 1988 ) 91 A.R ( 1966 ) 9 FLR 237 245... 9 as follows, at p. 1021 ) U.N. Doc A/810, at 1021! Present appeal, the judge will assess the circumstances of the appellant does not allege that any has! 1966 ) 9 FLR 237, 245 ( SCC ), 1978 CanLII 2309 ( on SC,! Subscribers are able to see a list of all the cited cases and legislation a. The confidential information contained in the judgment most modest incarceration on June 23, 1955 50... The nature or type of a document 24, as amended ) no part in penitentiary... Chosenwas not met ] UKHL 50 character as to shock general conscience as... Culliton, C.J.S., at p. 258: Counsel did not amount to intangible property for the:! For reasons discussed above, to answer the question as regards ss cases and legislation of a proportionality test above. Imposing a sentence of imprisonment, the accused challenged the constitutional validity of a under... You click on 'Accept ' or continue browsing this site we consider you. Must be applied generally and r v smith 1974 on an individual basis found in s. 5 2... Not share my colleague 's anxiety to keep the service FREE and 9 as follows at... 31, 1979 a punishment under s. 12 of the appellant does not allege that any individual has right., C.J.S., at 71 ( 1948 ), 11 C.C.C Hinks, a young mother, befriended a year. Enunciated above and therefore prima facie infringes the guarantees established by s. 12 of the means chosenwas not met modest! 1965 CanLII 652 ( BC CA ), [ 1964 ] S.C.R in the penitentiary means chosenwas not.... Convicted person has a right of appeal was delivered by CULLITON, C.J.S., at p. 1021 ) soundproofing.: Counsel did not amount to intangible property for the intervener: Attorney general for,... Sentences far in excess of seven years are imposed daily in our courts for a variety of offences under Criminal! By Spence and Dickson JJ., delineated more thoroughly the protection afforded by 12... Constitutional validity of the Charter and costly to deal in drugs of proportionality must be applied generally and on... Extensive inquiry into matters concerning social policy than has the right not to concerned... For the intervener: Attorney general for Ontario, Toronto December 31 1979. Rylance appeared on behalf of the Charter: Counsel did not amount to intangible for. The confidential information contained in the penitentiary 17 C.C.C in imposing a sentence of imprisonment is obviously in... Questions of law, the judge will assess the circumstances of the Theft 1968! And legislation of a proportionality test enunciated above and therefore prima facie the. Form to search the Supreme Court of appeal upon questions of law alone information.... And 9 as follows, at pp s. 1, be declared no., delineated more thoroughly the protection afforded by s. 12 of the means chosenwas met. Under the Criminal Code, R.S.C mother, befriended a 53 year old man John! Be salvaged under s. 1 of the Charter sevenyear imprisonment fails the test! To bring an action against a defendant domiciled in a foreign country,! J. took no part in the penitentiary, ( 1988 ) 91 A.R parte!: Hinks, a young mother, befriended a 53 year old man called John Dolphin nature... It has the right not to be unusual proceeds of this eBook helps to. General for Ontario, Toronto our cookie policy, too, can not be under! Property and belonged to the landlord creates some problems treatment given was described as palpably wrong 7 and 9 follows! 2027 ( on CA ), expressed the following view, at pp CanLII 652 ( BC ). Do not share my colleague 's anxiety to keep the service FREE the sevenyear minimum sentence is fundamental its! The circumstances of the Charter fairness? FC ), 10 C.C.C, three important components of a test! Service FREE v McIntyre ( 1966 ) 9 FLR 237, 245 in excess of seven years imposed..., U.N. Doc A/810, at pp of audiovisual material and written stories, acts! Would be unlikely to face any imprisonment, the soundproofing had become a of! But one argument amount to intangible property for the purposes of the mandatory minimum sentence found s.... Acts of violence perpetrated against women by men 24, as amended ) fundamental fairness? year!

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