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CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Protection against cruel and unusual punishment

Wednesday, March 14, 2018 @ 8:40 AM  

Appeal by the Crown from the sentence imposed on the accused for sexual offences involving the accused’s former students; appeal by the accused from conviction of the offences. The appellant suffered from Bipolar Mood Disorder. Forensic psychiatrists had opined that the appellant’s condition rendered the appellant not criminally responsible for the offences she committed while ill. The Crown’s forensic psychiatrist said it did not. The trial judge preferred the Crown’s psychiatrist’s opinion and convicted the appellant. The judge struck down as unconstitutional the mandatory minimum penalties...