R. v. Adwan

R. v. Adwan

On the evidence and applicable law the mandatory minimum fine provisions of the Excise Act and Revenue Act do not meet the high threshold of gross disproportionality under ss.7 or 12 of the Charter; applicants failed to prove Charter breaches on a balance of probabilities, convictions are upheld and statutory penalties applied subject to suspended sentence/probation and payment accommodations.

Citation
2021 NSPC 64
Parties
Prosecution: Her Majesty the Queen; Defendant: Bashar Mohammad Adwan; Defendant: Mohammad Alharoun
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 November 2021
Procedural Posture
Criminal / Sentencing and Charter Motion Decision
Outcome
Application dismissed; convictions affirmed; sentences imposed in accordance with statutory minimums and discretionary sentencing principles
Legal Topics
Mandatory Minimums, Cruel and Unusual Punishment, Sentencing, Contraband Tobacco, Charter S.7 and S.12
Source Language
English
Constitutional Law Criminal Law Taxation Law Mandatory Minimums Cruel and Unusual Punishment Sentencing Contraband Tobacco Charter S.7 and S.12

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Parties

Her Majesty the Queen

Prosecution

Bashar Mohammad Adwan

Defendant

Mohammad Alharoun

Defendant

Procedural Posture

Criminal / Sentencing and Charter Motion Decision

Legal Issues

  1. 1 Whether mandatory minimum fines in the Excise Act and Revenue Act violate ss.7 and 12 of the Charter
  2. 2 What sentence is appropriate for convictions under s.121.1 Criminal Code, s.39 Revenue Act and s.32 Excise Act

Ratio Decidendi

On the evidence and applicable law the mandatory minimum fine provisions of the Excise Act and Revenue Act do not meet the high threshold of gross disproportionality under ss.7 or 12 of the Charter; applicants failed to prove Charter breaches on a balance of probabilities, convictions are upheld and statutory penalties applied subject to suspended sentence/probation and payment accommodations.

Court Disposition

Application dismissed; convictions affirmed; sentences imposed in accordance with statutory minimums and discretionary sentencing principles

Orders

  • For each accused, suspended sentence and 12 months probation for the offence contrary to s.121.1(1) Criminal Code with statutory conditions and additional conditions including reporting to a probation officer within 48 hours and completing counselling and English/employment training
  • For each accused, minimum fine under s.39(1)(a) of the Revenue Act of 134956.00 CAD with 180 days custody in default and three years to pay (additional time may be granted)