SOC300H5 Lecture Notes - Lecture 4: Solitary Confinement, Surety, Risk Aversion
Document Summary
Outline: finish up last week: charter, risk and organizations, fundamentals of bail, canadian issues in pre-trial detention, why increase in bail, why increase in adjournments, sureties, g20 and preventative detention. Nur case 2015: decided by sc; possession of prohibited firearm and given mandatory min. Is it grossly disproportionate: the seriousness of the offence, the level of culpability of the offender. Is it cup in a reasonable foreseeable instance: creating a hypothetical situation where a person can mistakenly be in possession of prohibited firearms i. e. expired licence. Not a lot of case law on s. 12. Mandatory minimums by their nature are unconstitutional because they depart from proportionality; need to look at each individual case. Not in this case; we see what parliament is trying to do, but it also catches that one person that can come to visit a friend and have a cigrete of marijuana on him.