Multiple accused charged under the Securities Act. Maximum punishment being 5 years less 1 day in jail, plus a 5 million dollar fine. Issue as to whether “plus a 5 million dollar fine” constituted a “more severe punishment” within the meaning of s. 11(f) of the Charter, entitling the accused to a jury trial.
Held: Appeal dismissed.
“The wording in the Charter is: ‘where the maximum punishment for the offence is imprisonment for five years or a more severe punishment’. The expression ‘more severe’ must be related back to the term imprisonment …Our legal system does not recognize any equivalency between money and deprivation of liberty.”