Ontario Criminal


Charter of Rights

Cruel and unusual treatment or punishment
Mandatory minimum sentences declared of no force or effect

Accused was convicted of living on avails of prostitution of female person under age of 18 years, procuring under 18-year-old female to prostitution, and obtaining sexual services from female person who was under age of 18 years. First and third count carried minimum custodial sentences. Accused brought motion for declaration that mandatory minimum sentences be of no force and effect. Motion granted. Section 212(2) and (4) of Criminal Code were declared of no force or effect. Sentences would be out of line for persons within reasonably foreseeable hypothetical situation. Violation of s. 12 of Canadian Charter of Rights and Freedoms was established. Hand in hand with that consideration was denial of fundamental justice. Section 1 of Charter could not save impugned sections because they were far beyond acceptability to society.

R. v. Badali (Feb. 1, 2016, Ont. S.C.J., B. Glass J., 12-06456G) 127 W.C.B. (2d) 634.

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