August 17th, 2018
One Year Minimum For Sexual Exploitation Of Minor Restored On Appeal – R v E.J.B., 2018 Alberta Court Of Appeal
Law Updates Tags: 153(1)(a), Charter s.12, Minimum Sentence
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 … Read More.
July 27th, 2018
5 Year Minimum For Robbery With Firearm Unconstitutional – 2 Years Less Day Imposed – R v Hilbach, 2018 Edmonton Queen’s Bench
Law Updates Tags: 344(1)(a)(i) C.C., Charter s.12, Minimum Sentence
19-year old accused pleaded guilty to robbery using a prohibited or restricted weapon. Accused, along with a 13-year old accomplice, used an unloaded sawed-off rifle to rob a convenience store of $290 in lottery tickets. Gladue factors. Issue of whether 5-year mandatory minimum under s 344(1)(a)(i) CC violates s 12 of the Charter. Held: minimum … Read More.
July 20th, 2018
Minimum Jail Requirement For Procuring Sex Services From Minor Unconstitutional – R v Alvi, 2018 Calgary Provincial Court
Law Updates Tags: Charter s.12, Minimum Sentence, s. 286.1(2)
Sentencing of accused convicted after trial under s 286.1(2) CC (communication for the purposes of obtaining, for consideration, sexual services of a minor). Accused was caught through a Calgary Police sting operation, where the online ad indicated the (fictitious) sex trade worker was 18 years old, but subsequent communications made it clear she was 17. … Read More.
February 9th, 2018
R v Newborn, 2018 Edmonton Queen’s Bench – Mandatory Life Sentence Not Cruel
Law Updates Tags: Charter s.12, Mandatory Life Sentence Challenged, Murder
Accused was convicted of second degree murder by a jury. Issue regarding constitutionality of ss 235, 745(c) and 745.4 CC. Argument that accused’s low intellectual capacity and psychiatric difficulties rendered mandatory life sentence cruel and unusual. Held: no s 12 violation. 15-year parole ineligibility imposed. Nur, 2015 SCC 15 analysis. While accused’s intellectual disability reduced … Read More.
December 29th, 2017
R v EJB, 2017 Calgary Queen’s Bench – Minimum Sentence For Sexual Exploitation Overturned
Law Updates Tags: 153(1.1)(a)CC, Charter s.12, Minimum Sentence, Overturned
Issue regarding constitutionality of the 1-year mandatory minimum sentence for sexual exploitation under s 153(1.1)(a) CC where Crown proceeds by indictment. 35-year old accused engaged in sexual relations with 16-year old niece (related through marriage) living with his family. Complainant had initiated the sexual relationship. Held: s 153(1.1) (a) CC violates s 12 of the … Read More.
May 19th, 2017
R v Ford, 2017 ABQB 322 per Veit, J:
Law Updates Tags: Charter s.12, Minimum 1 Year Sentence, s.151(a) C.C.
Issue regarding the constitutionality of the statutory minimum sentence of one year imprisonment for the offence of sexual touching (151(a) CC) where the Crown proceeds by indictment. Evidence from a psychologist that accused functioned at a “social development age” of 14 or 15, which would place him into the chronological age exemption set out in … Read More.