Joseph Ryan Lloyd v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)




Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act S.C. 1996, c. 19 - Must a court find an inflationary effect on the sentence of the person bringing a s. 12 Charter claim in order to consider the constitutionality of the mandatory minimum in issue - Does s. 5(3)(a)(i)(D) of the CDSA violate ss. 7, 9 and 12 of the Charter - Does the provincial court of British Columbia have jurisdiction to declare legislation to be of no force and effect if legislation is found to infringe a Charter right - Should an appellate court disturb a sentence that is not demonstrably unfit as it is within the range of accepted sentence but at the low end of the range.

Lower Court Rulings

January 24, 2014
Provincial Court of British Columbia

217586, 2014 BCPC 0008
Applicant’s motion challenging the constitutionality of s. 5(3)(a)(i)(D) of the CDSA as violating s. 12 of the Charter granted; one year concurrent sentences imposed
February 19, 2014
Provincial Court of British Columbia

217586, 2014 BCPC 0011
Section 5(3)(a)(i)(D) of the CDSA declared of no force or effect as contrary to s. 12 of the Charter
June 6, 2014
Court of Appeal for British Columbia (Vancouver)

CA041594, 2014 BCCA 224
Leave to appeal sentence granted; Crown’s appeal allowed; declaration set aside; sentence increased to 18 months for each of the one year concurrent sentences imposed, with a credit for 258 days