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.”

Multiple Counsel