Summary

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Summary

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Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Possession of prohibited or restricted firearm with ammunition - Does s. 95(2)(a)(ii) of the Criminal Code infringe s. 12 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does s. 95(2)(a)(ii) of the Criminal Code infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Criminal Code, R.S.C. 1985, c. C-46.

In 2008, the police seized a loaded semi-automatic handgun and ammunition from the Respondent’s room at a boarding house. He did not have a licence to possess the prohibited firearm, nor was the gun registered. The serial number on the gun had been removed. The Crown elected to proceed by indictment. In 2010, the Respondent pled guilty to possession of a loaded prohibited firearm, contrary to s. 95(1) of the Criminal Code, and to other offences including possession of a firearm and ammunition while subject to a prohibition order, but challenged the five-year mandatory minimum sentencing regime under s. 95(2)(a)(ii) of the Criminal Code. The Respondent had a criminal record, which included two convictions in the prior ten years for predicate offences listed in s. 84(5) that trigger the increased mandatory minimum prison sentence in s. 95(2)(a)(ii).

Lower Court Rulings