Accused convicted of sexual interference after trial and sentenced to 6 months jail plus 3 years probation, after the trial judge struck down the mandatory minimum sentence for s 151(a) CC. Crown appealed. The 20-year-old accused communicated with the 13-year-old complainant on Facebook for a couple months, then had sex with her in a public washroom. Accused suffered a brain tumour as a teenager which caused long-term effects. He was on AISH.
Held: Appeal dismissed; mandatory minimum sentence of no force or effect.
The Court reviewed Nur, 2015 SCC 15, and Lloyd, 2016 SCC 13, and found the mandatory minimum sentence of one-year incarceration for s 151(a) grossly disproportionate when considered against reasonable hypotheticals. Section 151 “requires only a ‘touch’ for a sexual purpose”, which captures a range of conduct less serious than sexual intercourse. The sentence imposed by the trial court was fit in light of the personal characteristics and circumstances of the accused.
A. Millman – Defence Counsel