Supreme Court


Charter of Rights

CRUEL AND UNUSUAL TREATMENT OR PUNISHMENT
Minimum sentence legislation did not minimally impair rights

Accused convicted of carrying loaded prohibited firearms. Crown proceeded by indictment. Accused N subject to three-year minimum sentence. Accused C subject to five-year minimum sentence as repeat offender. N and C challenged constitutionality of the minimum sentences. Court of Appeal held that minimum sentences under s. 95(2) of Criminal Code violated s. 12 of Charter. Crown appeals dismissed. Section 95 covers wide spectrum of conduct including minor violations of gun licences. Minimum sentences will impose grossly disproportionate punishment in reasonably imaginable situations. Legislation does not minimally impair rights. Parliament could have drafted minimum sentence capturing only offences with significant moral blameworthiness.

R. v. Nur (Apr. 14, 2015, S.C.C., McLachlin C.J.C., LeBel J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., and Gascon J., File No. 35678, 35684) Decisions at 110 W.C.B. (2d) 264 and 110 W.C.B. (2d) 479 were affirmed.  121 W.C.B. (2d) 117.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Law Times reports that the Correctional Service Canada has been found to be negligent in the severe beating of an inmate. Do you think inmate safety at jails and prisons needs significant improvement?
RESULTS ❯