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CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Equality rights - Legal rights

Thursday, March 08, 2018 @ 8:41 AM  

Application by the defendant De Sousa challenging the constitutionality of the criminal prosecution. De Sousa was charged with distributing child pornography. For the purposes of the application, it was accepted that De Sousa had the mental characteristics and capacities of a child of 12 because of significant developmental delay. The defence submitted that because of his mental age, De Sousa ought to be given the benefit of s. 13 of the Criminal Code, which stipulated that no person should be convicted of an offence in respect...