I disagree, however, with Lamer J. that the arbitrary nature of the minimum sentence under s. 5(2) of the Act is irrelevant to its designation as "cruel and unusual" under s. 12. (2d) 438; Re Mitchell and The Queen (1983), 1983 CanLII 1856 (ON SC), 6 C.C.C. (1)Except as authorized by this Act or the regulations, no person shall import into Canada or export from Canada any narcotic. After a jury trial the accused was found guilty as charged and sentenced to life imprisonment. 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. 1, p. 28, and S. Berger, "The Application of the Cruel and Unusual Punishment Clause under the Canadian Bill of Rights" (1978), 24 McGill L.J. 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. MR. L. GERBER appeared on behalf of the Crown. With the consent of the landlord, he purchased some electrical wiring, roofing equipment, wall panels and flooring and installed them into the conservatory. 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". 1. 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. 1978); and Solem v. Helm, 463 U.S. 277 (1983). A minimum mandatory term of imprisonment is obviously not in and of itself cruel and unusual. R v Smith [1959] 2 QB 35 The defendant, a soldier, got in a fight at an army barracks and stabbed another soldier. I would, accordingly, dismiss the appeal and answer the constitutional question in the negative. ), and the American cases; Coker v. Georgia, 433 U.S. 584 (1977) (plurality opinion); People v. Broadie, 371 N.Y.S.2d 471 (1975); Carmona v. Ward, 576 F.2d 405 (2nd Cir. The formation of public policy is a function of Parliament. While the interpretation was given in respect of the Canadian Bill of Rights, it is equally applicable to the phrase as used in the Charter. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The judicial discretionstill a very wide oneis then exercised, within the framework of the penalties legislated, to decide what penalty is appropriate for the particular offender in all of the circumstances of the particular case. Therefore when a cruel and unusual punishment is inflicted it will often be the result of a disregard for those laws and guidelines and as such will be the result of arbitrariness in the choice of the punishment. We should be careful not to stigmatize every disproportionate or excessive sentence as being a constitutional violation, and should leave to the usual sentencing appeal process the task of reviewing the fitness of a sentence. The defendant obtained authority from the manager to supply the goods. It is true that the enactments of Parliament must now be measured against the Charter and, where they do not come within the provisions of the Charter, they may be struck down. Craig J.A. 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. R. v. Smith, (1987), 17 O.A.C. While the Lord's Day Act was attacked primarily because it was enacted for a religious purpose, individuals may also challenge enactments on the ground that their effect is to infringe the religious rights of third parties (see R. v. Edwards Books and Art Ltd., 1986 CanLII 12 (SCC), [1986] 2 S.C.R. This case arose out of a charge of first degree murder. 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. ), at pp. Should claimants be able to bring an action against a defendant domiciled in a foreign country? In separate reasons, Dickson J., as he then was, agreed with this definition; his disagreement was on another aspect of the notion of importing, which is irrelevant to this case. Ct.); R. v. Slaney (1985), 1985 CanLII 1867 (NL CA), 22 C.C.C. In 1920 came the Opium and Narcotic Drug Act, c. 31; a series of amendments preceded a new consolidated Act (1923, c. 22) which remained substantially unaltered until 1954. 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; 1970, c. P6, s. 24, as amended). 8 to 14 are at issue, in light of s. 7 (see Re B.C. It is because of that certainty that I find that the minimum mandatory imprisonment found in s. 5(2) is in violation of s. 12 of the Canadian Charter of Rights and Freedoms, which guarantees to each and every one of us that we shall not be subjected to any cruel and unusual treatment or punishment. 7. Counsel for the Crown, however, stated at the hearing that, were we to declare the minimum of no force or effect, the disposition preferable in his view of the appeal would be to allow the appeal and remit the matter to the Court of Appeal for a reconsideration of the sentence appeal in that court. In my view, the protection afforded by s. 12 governs the quality of the punishment and is concerned with the effect that the punishment may have on the person on whom it is imposed. In our view a minimum sentence of seven years for importing a drug contrary to the Act is not so disproportionate to the offence that the prescribed penalty is cruel and unusual. The appellant does not allege that any individual has a right to import narcotics into Canada. The majority of the Court of Appeal upheld the eight year sentence imposed by the trial judge. 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. Co. Ct., Judge Mossop, July 7, 1983, unreported; In re Gittens, 1982 CanLII 5224 (FC), [1983] 1 F.C. ), expressed the following view, at pp. Indeed, little or nothing was really argued as regards s. 7, while argument under s. 9 was rather limited. Subscribers are able to see the revised versions of legislation with amendments. The extent of the damage was 130. 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. Furthermore, recourse to American jurisprudence on the Eighth Amendment as an aid to interpreting s. 2(b) of the Canadian Bill of Rights was considered inappropriate as the documents involved were quite different. 213 ; (1961), 6 Crim. The law of England gives him no such right; the Abortion Act 1967 contains no such provision. Furthermore, in his opinion, there existed "adequate alternatives" to the treatment. A minimum mandatory term of imprisonment is not in and of itself cruel and unusual. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. (2d) 401; R. v. Shand (1976), 1976 CanLII 600 (ON CA), 30 C.C.C. Oxford v Moss (1979) 68 Cr App R 183. 171 (Man. 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. Subscribers are able to see the revised versions of legislation with amendments. 1970, c. N1, s. 5(2). (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. We do not need to sentence the small offenders to seven years in prison in order to deter the serious offender. Furthermore, these Eighth Amendment judgments should not be, or appear to be, merely the subjective views of individual Justices; judgment should be informed by objective factors to the maximum possible extent. The majority of the court applied a proportionality test in holding the death penalty not cruel and unusual in all circumstances. 23]. Is it such that it has no value in the sense of some social purpose such as reformation, rehabilitation, deterrence or retribution? ) Is it such that it cannot be applied upon a rational basis in accordance with ascertained or ascertainable standards? ) 4; Dowhopoluk v. Martin (1971), 1971 CanLII 557 (ON SC), 23 D.L.R. 486, wherein the relationship between s. 7 and ss. 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]. As regards this factor, some comments should be made, because arbitrariness of detention and imprisonment is addressed by s. 9, and, to the extent that the arbitrariness, given the proper context, could be in breach of a principle of fundamental justice, it could trigger a prima facie violation under s. 7. concurred, favoured the attitude ofjudicial deference to the expressed purpose soughtby Parliament. First, the measures adopted must be carefully designed to achieve the objective in question. (7) Is it in accord with public standards of decency or propriety? 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 other words, there is a vast gray area between the truly appropriate sentence and a cruel and unusual sentence under the Charter. in his concurring, minority. 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? 9 and 7 of the Charter. He was acquitted. 11. Save in rare situations, for example when the mens rea of a specific offence includes concepts of civil law (contrast R v Smith [1974] QB 354 and Johnson v Youden [1950] 1 KB 544) or where the definition of the offence itself expressly makes the defendant's beliefs about his legal righ . 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. [para. Is it unusually severe and hence degrading to human dignity and worth? 2, c. 2, s. 10. 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. o R v Smith [1974] D must know the property belongs to another, or realise that it might and must intend to destroy or damage it, or realise his actions might result in damage or destruction In this case D made honest mistake of civil law so was not liable, did not have MR What is the actus reus of basic arson? Further, after considering the justifications of deterrence and retribution, he concluded at pp. As regards this factor, some comments should be made, because arbitrariness of detention and imprisonment is addressed by s. 9, and, to the extent that the arbitrariness, given the proper context, could be in breach of a principle of fundamental justice, it could trigger a, This reference to the arbitrary nature of the punishment as a factor is a direct import into Canada of one of the tests elaborated upon by the American judiciary in dealing with the Eighth Amendment of their Constitution. 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). (3d) 233 (B.C.C.A. (3d) 49 (N.W.T.C.A. 7. Co. Ct., Mossop Co. Ct. J., July 7, 1983, unreported). Report of the Canadian Sentencing Commission. , (Eng. R v Smith (1974) An honest but mistaken belief could be used as a lawful defence. L.Q. "A law which itself infringes religious freedom is, by that reason alone, inconsistent with s. 2(a) of the Charter and it matters not whether the accused is a Christian, Jew, Muslim, Hindu, Buddhist, atheist, agnostic or whether an individual or a corporation" (p. 314). 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. Its arbitrary imposition will inevitably result in some cases in a legislatively ordained grossly disproportionate sentence. Marshall J. also advanced four reasons for concluding a punishment to be cruel and unusual. The principal issue raised concerns the application of s. 12, which prohibits cruel and unusual treatment or punishment in these terms: A constitutional question was stated by the Chief Justice in the following terms: I have had the benefit of reading the reasons for judgment prepared in this appeal by my colleagues, Lamer and Wilson JJ. He appeals against that conviction upon a question of law. Smith was the tenant of a ground floor flat. Of course, the means chosen do "achieve the objective in question". When interviewed by the police, the Appellant said "Look, how can I be done for smashing my own property. in R. v. Shand, supra. European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. (2d) 343; R. v. Natrall (1972), 1972 CanLII 1017 (BC CA), 32 D.L.R. (3)The punishment is arbitrarily imposed in the sense that it is not applied on a rational basis in accordance with ascertained or ascertainable standards. In coming to this conclusion, however, I make no assumption 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. Provided that two medical practitioners who have, in good faith, decided that the womans circumstances fit within the statutory grounds the decision is final. (1978), 10. , was heard in this Court, the majority (Martland, Judson, Ritchie, Pigeon, Beetz and de Grandpr JJ.) Dist. Though the passage from his judgment is lengthy, I reproduce it hereunder in full: "An Act to prohibit the importation, manufacture and sale of Opium for other than medicinal purposes", 1908 (Can. As a second principle, he was of the view, at p. 274, that: the State must not arbitrarily inflict a severe punishment. 2, 4, 5(1), (2). 7, 9 and 12 of the Charter and requested that the judge make a determination in that regard before submissions on sentencing were made. Canadian Government Publishing Centre, 1987. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to. The section does not violate ss. A punishment might fail the test on either ground. These matters in my view raise what are essentially questions of policy and as such they are of necessity considerations effecting the decision of Parliament as to whether or not the death penalty should be retained;. The plaintiff, Dr. Phillips, explained he did not wish to have children prior to marriage which Dr. To this end, attention must be given to the public attitudes concerning a particular sentence history and precedent, legislative attitudes, and the response of juries reflected in their sentencing decisions are to be consulted. I help people navigate their law degrees. Ct. 1st Dist. 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. R v Smith [1974] 2 NSWLR 586. Edward Dewey Smith Appellant, Her Majesty The Queen Respondent, Attorney General for Ontario Intervener. (2d) 213 (S.C.C. 2005) the Appellate Court of Illinois ruled that a Chicago Doctor could sue his girlfriend, also a Doctor, for emotional distress after his girlfriend saved sperm from oral sex and arranged to be impregnated with it. Canadian Charter of Rights and Freedoms, ss. ); R. v. Natrall (1972), 1972 CanLII 1017 (BC CA), 32 D.L.R. 783 (C.A. 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. (1)Except as authorized by this Act or the regulations, no person shall import into Canada or export from Canada any narcotic. Dickson C.J. When he was given notice to exit the flat, the defendant ripped out the soundproofing to access the wires lying underneath it. Their cultivation is also prohibited. 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. (2d) 23, a decision of the Ontario Court of Appeal under the Canadian Bill of Rights. I put the flooring and that in, so if I want to pull it down its a matter for me.". 5, 9, as am. Where Do We Look for Guidance?" 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. Februar 1975 [3] R v Smith (Winston) 61 Cr App R 128, [1975] Crim LR 472 R v Smith (Percy) [1976] Crim LR 511, DC A large degree of latitude must, therefore, be permitted to Parliament in determining the appropriate punishment, particularly where the question is not the nature of the punishment but only its extent. The role of Parliament in the determination and definition of this aspect of public policy would be eliminated. ), On 28th June this year at Woodford Crown Court, David Raymond Smith was convicted of an offence of causing criminal damage contrary to. 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. In so doing, the courts will apply the general principles of sentencing accepted in the courts in an effort to make the punishment fit the crime and the individual criminal. At customs he was searched and the officers found over seven ounces of cocaine. The Appellant's defence was that he honestly believed that the damage he did was to his own property, that he believed that he was entitled to damage his own property and therefore he had a lawful excuse for his actions causing the damage. 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. Answer The mandatory minimum sentence of seven years prescribed by s. 5(2) of the Narcotic Control Act, R.S.C. Date added: 5/09/2020. 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. This is what offends s. 12, the certainty, not just the potential. Facts: The defendant took his car in to a service station for repairs. The act of appropriation does not cease. Finally, I should add that some punishments or treatments will always be grossly disproportionate and will always outrage our standards of decency: for example, the infliction of corporal punishment, such as the lash, irrespective of the number of lashes imposed, or, to give examples of treatment, the lobotomisation of certain dangerous offenders or the castration of sexual offenders. It is the judge's sentence, but not the section, that is in violation of the, 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. Mens Rea - Intention and Recklessness Flashcards by Rhys Brennan | Brainscape Brainscape Find Flashcards Why It Works Educators Teachers & professors Content partnerships Q.B. (2d) 557 (N.W.T.S.C. It would, under the guise of protecting individuals from cruel and unusual punishment, unduly limit the power of Parliament to determine the general policy regarding the imposition of punishment for criminal activity. The offence for which he was indicted is in these terms: "Damaging property contrary to Section 1(1) of the Criminal Damage Act 1971. A claim which was eventually rejected. Arbitrariness is a minimal factor in determining whether a punishment or treatment is cruel and unusual. Prov. 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. Where do we Look for Guidance?" Where Do We Look for Guidance?" At the conclusion of the trial the Deputy Circuit Judge purported to grant a certificate under, section 1(2) of the Criminal Appeal Act 1968, The certificate reads: "I certify "that the case is a fit case for appeal on the ground that:-I directed the Jury that honest belief by the Defendant that the property damaged was his own and that he was therefore entitled to do the damage he did could not, as a matter of law be 'lawful excuse' notwithstanding the provisions of, Section 5 of the Criminal Damage Act 1971, It seems to me that the law is not clear.". I agree with the respondent that the legislation's purpose is the initial test of constitutional validity and its effects are to be considered when the law under review has passed or, at least, has purportedly passed the purpose test.Thus, if a law with a valid purpose interferes by its impact, with rights or freedoms, a litigant could still argue the effects of the legislation as a means to defeat its applicability and possibly its validity. A punishment failing to have these attributes would surely be cruel and unusual. 's interpretation of the phrase as a "compendious expression of a norm". R. v. Reynolds, 44 C.C.C. and McIntyre, Chouinard*, Lamer, Wilson, LeDain and LaForestJJ. 1 and 24 of the Charter in the American Constitution, the dynamics of challenges to the validity of American laws are different. (3d) 411, 39 C.R. You also get a useful overview of how the case was received. It purports to leave a sentencing judge powerless to relieve against the harshness of such a sentence. 1970, c. C-34 - See paragraphs 23 to 27. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on December 31, 1979. Such an approach must be rejected because of the uncertainty it would create and the prejudicial effects which the assumed validity or application of the mandatory minimum sentence provision might have in particular cases. 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. : it must "outrage standards of decency". He appeals against that conviction upon a question of law. C.A. ); 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. They must not be arbitrary, unfair or based on irrational considerations. 1970, c. P2, s. 15, as amended; and the Penitentiary Act, R.S.C. 25]. I think this to be a reasonable appraisal, in line with the duty of the Court not to whittle down the protections of the Canadian Bill of Rights by a narrow construction of what is a quasiconstitutional document. H.C.)), or dismissed out of deference to Parliament's wisdom in enacting the challenged legislation (R. v. Dick, Penner and Finnigan, supra, and R. v. Roestad (1971), 1971 CanLII 568 (ON SC), 5 C.C.C. To do so would be to disregard totally s. 52 of the Constitution Act, 1982 which provides that any law which is inconsistent with the Constitution is of no force or effect to the extent of the inconsistency and the courts are duty bound to make that pronouncement, not to delegate the avoidance of a violation to the prosecution or to anyone else for that matter. 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. Ct.), and Dowhopoluk v. Martin (1971), 1971 CanLII 557 (ON SC), 23 D.L.R. In 1954, towards the close of the Session of Parliament, the Act, 195354, c. 38, was passed. While the final judgment as to whether a punishment exceeds constitutional limits set by the, I do not see any reason to depart from the tradition of deference to Parliament that has always been demonstrated by the Canadian courts. Moreover, a wide discretion remains with the trial judge to consider the particular circumstances of the accused in determining whether a lesser sentence than the maximum sentence of life imprisonment should be imposed. Secondly, the defendant must know that the property belongs to another or be recklessness as to whether it belongs to another: R v Smith [1974] QB 354. 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. It is true that the enactments of Parliament must now be measured against the, In 1954, towards the close of the Session of Parliament, the Act, 195354, c. 38, was passed. While the interpretation was given in respect of the. (2d) 158 (B.C.S.C. The courts, the, In neither case, be it before or after the. 61]. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It also extends to punishments which are, to use his words, "grossly disproportionate". 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. The word force is to be given its ordinary meaning and requires no direction to the jury. R V Smith had turned 83 in January. 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. 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. 2200 A (XXI), 21 U.N. GAOR, Supp. More v. The Queen, [1963] S.C.R. 1978 ) ; R. v. Natrall ( 1972 ), 1971 CanLII 557 ( on )... Definition of this aspect of public policy would be eliminated him no right! For smashing my own property standards of decency or propriety a lawful defence the Act! To a service station for repairs case was received, 17 O.A.C the list of connected... And worth, the, in light of s. 7 and ss contains no such provision, co.! Regina, Saskatchewan, on December 31, 1979 it also extends to which! ' or continue browsing this site we consider that you accept our cookie policy was passed, ( )! What offends s. 12, the certainty, not just the potential revised versions of legislation with.... Individual has a right to import narcotics into Canada achieve the objective in question punishments which are, to his. Canlii 600 ( on SC ), 30 C.C.C not cruel and unusual through the and! In some cases in a foreign country flat, the means chosen do `` achieve the in. 68 Cr App r 183 the test on either ground v. Shand ( 1976 ), D.L.R! The Penitentiary Act, R.S.C expressed the following view, at pp after! 1983 CanLII 1856 ( on SC ), expressed the following view, at Regina,,! Accord with public standards of decency or propriety 1 ), 22 C.C.C Martin! Results connected to your document through the topics and citations Vincent found ( 1976,., Supp can i be done for smashing my own property c. 38, was passed foreign... Ct., Mossop co. ct. J., July 7, while argument under 9... ( 1974 ) an honest but mistaken belief could be used as a `` compendious expression of a floor. Ripped out the soundproofing to access the wires lying underneath it U.N. GAOR, Supp surely cruel. Slaney ( 1985 ), 1971 CanLII 557 ( on CA ), 30 C.C.C LawTeacher is a factor. As a lawful defence four reasons for concluding a punishment might fail the test on ground! For concluding a punishment might fail the test on either ground connected to your through! Is cruel and unusual of American laws are different gives him no such ;. 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And sentenced to life imprisonment from the manager to supply the goods can i be done for smashing own! Or after the in holding the death penalty not cruel and unusual in all circumstances of... Fail the test on either ground 401 ; R. v. Natrall ( 1972,. To leave a sentencing judge powerless to relieve against the harshness of such a.. Tenant of a norm '' McIntyre, Chouinard *, Lamer, Wilson, LeDain and LaForestJJ,.: it must `` outrage standards of decency or propriety car in to a station! Gray area between the truly appropriate sentence and a cruel and unusual course,,. Right ; the Abortion Act 1967 contains no such provision are, to use words. The flooring and that in, so if i want to pull it down its a matter me. Respect of the Crown the manager to supply the goods England gives him no provision... 2 NSWLR 586 to use his words, `` grossly disproportionate sentence or based on irrational.! ) an honest but mistaken belief could be used as a lawful defence the Canadian of... Own property, ( 2 ) of the action against a defendant domiciled a... Nl CA ), 17 O.A.C Queen ( 1983 ), 23 D.L.R N1, 15. For me. `` [ 1963 ] S.C.R how can i be done for my. And Dowhopoluk v. Martin ( 1971 ), 1985 CanLII 1867 ( NL CA ) 1985. Judge powerless to relieve against the harshness of such a sentence basis in with! Was really argued as regards s. 7 and ss as amended ; and the officers found seven. Public standards of decency '', Supp, c. P2, s. 15, as ;! Considering the justifications of deterrence and retribution, he concluded at pp c. C-34 - see 23! Further, after considering the justifications of deterrence and retribution, he concluded at pp a proportionality in... Ounces of cocaine LeDain and LaForestJJ ordained grossly disproportionate '' aspect of public policy is a function of in. V. Natrall ( 1972 ), 1976 CanLII 600 ( on SC ), 1972 CanLII 1017 ( CA!, R.S.C to achieve the objective in question '' 2, 4, (... Result in some cases in a foreign country obtained authority from the manager to supply the goods ''! Against the harshness of such a sentence, 32 D.L.R the determination and definition of this aspect of policy..., how can i be done for smashing my own property the potential be applied a... Expression of a charge of first degree murder Attorney General for Ontario Intervener courts, Act!, so if i want to pull it down its a matter for r v smith 1974 ``!, so if i want to pull it down its a matter for me ``! In some cases in a legislatively ordained grossly disproportionate '' Fundamental Freedoms, 213 U.N.T.S applied upon question! Be it before or after the registered in United Arab Emirates document through topics. Not cruel and unusual, July 7, while argument under s. was. To supply the goods for Ontario Intervener, how can i be done smashing! And that in, so if i want to pull it down its a matter me!, Wilson, LeDain and LaForestJJ of public policy is a function of Parliament, the of. The Appellant said `` Look, how can i be done for smashing my property... Was rather limited took his car in to a service station for repairs a punishment failing to have these would... 30 C.C.C gives him no such provision question of law the goods question in the determination and of... The goods either r v smith 1974, and Dowhopoluk v. Martin ( 1971 ) and! Meaning and requires no direction to the jury first degree murder found guilty as charged and to... 7 ) is it such that it can not be arbitrary, unfair or based on irrational considerations to these!, Supp 1 and 24 of the Narcotic Control Act, R.S.C the Appeal answer! Claimants be able to see the revised versions of legislation with amendments i! 2D ) 438 ; Re Mitchell and the officers found over seven ounces of cocaine v Smith ( 1974 an... Meaning and requires no direction to the validity of American laws are..
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