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Canada Case Law

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Criminal law 2023 BCCA 191

R. v. Penner

The Court of Appeal allowed the Crown’s appeal, set aside the Charter ruling invalidating the four-year minimum sentence for firearm manslaughter, imposed four years, and stayed the post-appeal custody.

  • Mandatory minimum
  • Manslaughter
  • Firearms
  • Gross disproportionality
  • Moral culpability
  • Stay of execution
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Criminal law 2020 BCCA 65

R. v. Robertson

Court of Appeal declared the one-year mandatory minimum in s. 96(2)(a) unconstitutional, but upheld Jason Robertson’s 18-month global sentence.

  • Mandatory minimum sentences
  • Cruel and unusual punishment
  • Possession of stolen firearms
  • Totality principle
  • Reasonable hypothetical analysis
  • Mandatory-minimum-sentences
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Criminal law 2017 BCSC 2176

R. v. Plehanov

Sentencing reasons in a child sexual assault case. The court rejected a suspended sentence, preferred the Crown expert on reoffending risk, and imposed six months' imprisonment plus probation and ancillary orders.

  • Sexual assault of a minor
  • Risk assessment and recidivism
  • Mandatory minimum challenge
  • Probation and ancillary orders
  • Position of trust
  • Child-sexual-assault
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Criminal law 2017 BCCA 163

R. v. Al-Isawi

The court upheld a seven-year robbery sentence and held that the mandatory consecutive minimum for using an imitation firearm in robbery did not violate s. 12.

  • Mandatory minimum sentences
  • Imitation firearm
  • Consecutive sentences
  • Gross disproportionality
  • Reasonable hypothetical
  • Totality principle
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.