POLS 4050 Lecture Notes - Lecture 3: Provincial And Territorial Courts In Canada, 18 Months, Methamphetamine
23 Feb 2017
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Should be too severe for any person committing the same offense: section 12 was not designed or intended to fit the individual sentencing requirement for each individual, it is an absolute right. Punishment is cruel and unusual if it (cid:498)does not comport with human dignity(cid:499) There is also a lack of evidence suggesting that an adequate alternative to the minimum sentence exists which would realize the valid social aim of deterring the importation of drugs. Lamer j (concurring): found that the mandatory minimums imposed by s. A young person who is caught crossing the border with a single joint would be sentenced to 7 years: no one has been charged with this yet, but the potential is there. The purpose for importing and the quantity imported are irrelevant to guilt under section 5. Concludes that the words, (cid:498)but not less than seven years(cid:499) are in contravention to section 12 of the charter.
