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The Supreme Court dismissed the appeal and held that mandatory one-year minimum sentences for possessing or accessing child pornography are unconstitutional under s. 12 of the Charter.
The trial judge correctly interpreted s.320.2 as applying its minimums only where the offender had a prior conviction for the same bodily-harm category of offence; because the statutory text and scheme are unambiguous and Parliament did not deem simpliciter convictions to be earlier offences for s.320.2, a nine-month conditional sentence order was legally available and, despite peripheral errors (judicial notice and non‑consideration of s.320.22(e)), the sentence was fit and was therefore upheld.
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The British Columbia Court of Appeal reduced Reza Moazami’s sentence from 23 years to 20 years and 8 months, and dismissed his fresh evidence application.
The court held the mandatory minimum under s. 152(a) unconstitutional, imposed one year custody and 36 months' probation, and ordered DNA and SOIRA registration.
The court held that the 2011 faint hope amendments, when combined with s. 745(a), violated s. 12 of the Charter, but dismissed the other Charter challenges.
The Yukon Court of Appeal dismissed Crown appeals challenging 90-day mandatory minimum sentences for sexual exploitation and sexual interference as cruel and unusual punishment.
Leave to appeal sentence granted; the 12‑month sentence for distribution of child pornography is not demonstrably unfit and is upheld; the sentence for child luring was demonstrably unfit and is reduced to 12 months, to be served consecutively, producing a total of 24 months imprisonment; the Court declined to decide the Charter s.12 challenge to the mandatory minimum for distribution because it would not affect the result and resolution is better left to the Supreme Court of Canada.
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The Court dismissed the conviction appeal (no misdirection as the charge, read as a whole, required subjective proof of belief and purpose; entrapment not made out because police conduct did not objectively induce the appellant), admitted fresh evidence, granted leave to appeal sentence, and on sentencing allowed appellate intervention because an intervening legislative change made conditional sentences available for the child luring count and the trial judge therefore failed to consider a relevant non‑custodial option; given the appellant's youth, lack of record, exceptional mitigation inclu…
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On the evidence the Court was satisfied beyond a reasonable doubt that Moorhouse was wilfully blind to the existence of a real 14-year-old and that neither intoxication nor mental health issues were proven on the required standard to significantly lessen moral blameworthiness; the joint recommendation of consecutive 12-month sentences (total 24 months) was within the fit range, not grossly disproportionate to mandatory minimums, and therefore imposed with ancillary orders.
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Grant leave to appeal but dismiss the appeal: appellate court not obliged to re-sentence because the trial judge made clear she would not have imposed a conditional sentence and the mandatory minimum in s.153(1.1)(a) kept sexual exploitation ineligible; the trial judge did not err in refusing to litigate the constitutionality of s.153(1.1)(a) as the question was moot given the fit sentence; the sentences (14 months for sexual exploitation and 3 months consecutive for sexual assault) were not demonstrably unfit given repeated touching, breach of trust, grooming and significant harm to a minor…
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