Article author:
The Canadian Press
OTTAWA — The Supreme Court of Canada has ruled the Punishment.
The Supreme Court has agreed to hear the case of a Quebec man, identified only as H.V., who pleaded guilty to child abduction charges he committed in 2017.
He advocated a mandatory minimum sentence of six months as provided for in s. Section 172.1(2)(b) of the Penal Code was unconstitutional given that the Charter of Rights guaranteed cruel or extraordinary punishment.
A Quebec court imposed two years of probation on him, including 150 hours of community service.
However, the state high court found the sentence imposed by the judge to be too lenient and therefore sentenced the man to his 90-day imprisonment, which he served intermittently.
The Court also concluded that mandatory minimum sentences were unconstitutional, adding that violations were not justified under the Charter. It dismissed the state attorney general's challenge and upheld the judgment and declaration of invalidity.
This Canadian Press report was first published on August 18, 2022.
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