R. v. Webber

R. v. Webber

The mandatory minimum sentences in ss. 279.02(2) (two years) and 279.011(1)(b) (five years) are grossly disproportionate — both as applied to the offender and in reasonably foreseeable hypotheticals — and therefore violate s.12 of the Charter; the Crown conceded they cannot be justified under s.1, and the provisions...

Source-derived case information.

Citation
2019 NSSC 265
Parties
Crown: Her Majesty the Queen; Defendant: Renee Allison Webber
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 January 2019
Procedural Posture
Criminal — Constitutional Challenge to Mandatory Minimum Sentences / Sentencing and Constitutional Challenge (section 12 Charter)
Outcome
Mandatory minimum penalties in ss. 279.02(2) and 279.011(1)(b) declared unconstitutional and of no force and effect; judicial stay entered on s.286.3 conviction; offender to be sentenced without operation of the struck mandatory minimums.
Legal Topics
Mandatory Minimums, Cruel and Unusual Punishment, Section 12 Charter, Section 1 Charter, Human Trafficking, Receiving Material Benefit, Exploitation of Minors, Sentencing Principles
Source Language
english
Criminal Law Constitutional Law Sentencing Mandatory Minimums Cruel and Unusual Punishment Section 12 Charter Section 1 Charter Human Trafficking +3 more

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Parties

Her Majesty the Queen

Crown

Renee Allison Webber

Defendant

Procedural Posture

Criminal — Constitutional Challenge to Mandatory Minimum Sentences / Sentencing and Constitutional Challenge (section 12 Charter)

Legal Issues

  1. 1 Whether mandatory minimums in ss. 279.02(2) and 279.011(1)(b) of the Criminal Code constitute cruel and unusual punishment contrary to s.12 of the Charter
  2. 2 If a s.12 violation is made out, whether the infringement can be justified under s.1 of the Charter

Ratio Decidendi

The mandatory minimum sentences in ss. 279.02(2) (two years) and 279.011(1)(b) (five years) are grossly disproportionate — both as applied to the offender and in reasonably foreseeable hypotheticals — and therefore violate s.12 of the Charter; the Crown conceded they cannot be justified under s.1, and the provisions are declared of no force and effect pursuant to s.52(1).

Court Disposition

Mandatory minimum penalties in ss. 279.02(2) and 279.011(1)(b) declared unconstitutional and of no force and effect; judicial stay entered on s.286.3 conviction; offender to be sentenced without operation of the struck mandatory minimums.

Orders

  • Declared ss. 279.02(2) and 279.011(1)(b) of the Criminal Code of no force and effect pursuant to s.52(1) of the Constitution Act, 1982
  • Entered a judicial stay of conviction under s.286.3 pursuant to Kienapple principle