R. v. Cater

R. v. Cater

The Crown's motion to summarily dismiss the Defence Charter application is granted because, on the facts found at trial showing constructive/joint possession and commercial-level firearms trafficking, the Defence's comparisons and submissions do not provide any basis for concluding the mandatory minimums are grossly disproportionate under s.12; therefore the Charter motion is dismissed without further evidence and sentencing will proceed accordingly.

Citation
2012 NSPC 37
Parties
Prosecution: Her Majesty The Queen; Defendant: Kyle Cater
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 May 2012
Procedural Posture
Criminal Firearms Offences; Charter S.12 Challenge to Mandatory Minimums / Hearing on Crown's Summary Dismissal of Defence Charter Motion (pre Sentencing)
Outcome
Defence Charter application summarily dismissed
Legal Topics
Mandatory Minimum Sentences, Section 12 Charter Cruel and Unusual Punishment, Firearms Possession, Firearms Trafficking, Summary Dismissal of Charter Motion, Remand Credit
Source Language
English
Criminal Law Constitutional Law Administrative/process (summary Dismissal) Mandatory Minimum Sentences Section 12 Charter Cruel and Unusual Punishment Firearms Possession Firearms Trafficking Summary Dismissal of Charter Motion +1 more

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Parties

Her Majesty The Queen

Prosecution

Kyle Cater

Defendant

Procedural Posture

Criminal Firearms Offences; Charter S.12 Challenge to Mandatory Minimums / Hearing on Crown's Summary Dismissal of Defence Charter Motion (pre Sentencing)

Legal Issues

  1. 1 Whether mandatory minimums under ss.95,99,100 of the Criminal Code violate s.12 of the Charter as grossly disproportionate in this case
  2. 2 Whether the facts relied on by the Defence could support a s.12 infringement such that the Charter motion warrants a full hearing
  3. 3 Whether summary dismissal is appropriate where Defence submissions do not meet controlling precedent

Ratio Decidendi

The Crown's motion to summarily dismiss the Defence Charter application is granted because, on the facts found at trial showing constructive/joint possession and commercial-level firearms trafficking, the Defence's comparisons and submissions do not provide any basis for concluding the mandatory minimums are grossly disproportionate under s.12; therefore the Charter motion is dismissed without further evidence and sentencing will proceed accordingly.

Court Disposition

Defence Charter application summarily dismissed

Orders

  • Defence Charter motion under s.12 summarily dismissed
  • Proceed to sentencing on established convictions