R. v. D.A.D.

Parties

Procedural Posture

Criminal Appeal (charter S.12 Challenge to Mandatory Minimum Sentences) / Court of Appeal Judgment on Appeals From Supreme Court of Yukon Orders Dated November 25, 2022

Legal Issues

1. 1 Whether 90-day mandatory minimum sentences for summary offences of sexual exploitation (s.153(1.1)(b)) and sexual interference (s.151(b)) violate s.12 of the Charter as grossly disproportionate
2. 2 Whether the appeal judge relied on unreasonable hypotheticals, overstated the scope of the offences, or failed to consider effects on hypothetical offenders and legislative objectives in finding the mandatory minimums unconstitutional

Ratio Decidendi

The Court dismissed the Crown appeals, holding the summary conviction 90-day mandatory minimums for sexual exploitation (s.153(1.1)(b)) and sexual interference (s.151(b)) may be grossly disproportionate in reasonably foreseeable hypothetical cases at the lower end of the conduct spectrum; the appeal judge did not err in relying on those hypotheticals, did not overstate the offence scope, and implicitly considered effects on offenders and parliamentary objectives, so the mandatory minimum provisions are constitutionally vulnerable.

Court Disposition

Appeals dismissed

Orders

• Appeals dismissed
• Declarations that the 90-day mandatory minimum provisions in s.153(1.1)(b) and s.151(b) of the Criminal Code breach s.12 of the Charter and are constitutionally invalid in the circumstances identified by the appeal judge