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CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against cruel and unusual punishment - Remedies for denial of rights

Monday, January 29, 2018 @ 8:25 AM  

Appeal by the Crown from a judgment finding that the statutory minimum sentences under ss. 7(2)(b)(v) and 7(2)(b)(vi) of the Controlled Drugs and Substances Act (CDSA) violated s. 12 of the Canadian Charter of Rights and Freedoms (Charter) and declaring those provisions to be of no force and effect. A 10-month sentence of imprisonment was imposed on McGee following his guilty pleas to production of marihuana and possession of more than three kilograms of marihuana for the purposes of trafficking, contrary to ss. 7(1) and 5(2)...