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Court of Appeal declared the one-year mandatory minimum in s. 96(2)(a) unconstitutional, but upheld Jason Robertson’s 18-month global sentence.
The court dismissed the Crown’s appeal and held that the 90-day mandatory minimum for summary possession of child pornography violated s. 12 and was of no force and effect.
The court upheld the one-year mandatory minimum under s. 7(2)(b)(iii) of the CDSA, rejected the s. 12 Charter challenge, and imposed the minimum sentence.
The court dismissed a Charter s. 12 challenge to an 18-month mandatory minimum for marijuana production, finding it not grossly disproportionate.
The five-year mandatory minimum in s.95(2)(a)(ii), when Crown proceeds by indictment, is grossly disproportionate in reasonable hypotheticals that capture the full scope of s.95 and therefore violates s.12 of the Charter and cannot be saved under s.1; the s.7 challenge was rejected on the facts and by principle; the statute was declared of no force and effect to the extent described and the appellant's overall sentence was affirmed as fit.
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