Crown appeal from sentence for sexual exploitation. Trial judge declared that the 1-year mandatory minimum under s. 153(1.1)(a) violated s. 12 of the Charter, and ultimately imposed a CSO.
Held: Appeal allowed, 1-year minimum upheld; 4 years jail.
Trial judge erred in finding that the mandatory minimum under s. 153(1.1)(a) would be grossly disproportionate in reasonably foreseeable cases. “With all due respect to the Nova Scotia Court of Appeal in R v Hood, [2018 NSCA 18] … this court cannot envision a set of circumstances constituting a reasonable hypothetical based on reason and common sense where the exploiting offender could claim that a 12 month sentence would shock anyone, let alone the enlightened public … The minimum sentence signals that adults who knowingly exploit young people for a sexual purpose can expect to go to prison.” CSO of 2 years less a day was demonstrably unfit and disproportionate; 4 years jail substituted.
B. Der – Defence Counsel