Summary

40704

Abdallah Abdelrazzaq v. His Majesty the King

(Ontario) (Criminal) (By Leave)

Keywords

Charter of Rights — Criminal law — Sentencing — Cruel and unusual treatment or punishment — Applicant sentenced to fine in lieu of forfeiture pursuant to ss. 462.37(3) and (4) of the Criminal Code — Whether s. 462.37(3) and (4) of Criminal Code violate s. 12 of Charter of Rights in light of R v. Boudreault, 2018 SCC 58 — If there is no Charter violation, should the Court clarify and refine the ambit of discretion provided in s. 462.37(3) of the Criminal Code and as partly defined in R. v. Lavigne, 2006 SCC 10, R. v. Rafilovich, 2019 SCC 51 and R. v. Vallières, 2022 SCC 10 to take into account the circumstances of individual offenders — Charter of Rights and Freedoms, s. 12.

Summary

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Following his plea of guilty to trafficking cocaine and possession of the proceeds of crime, the applicant was sentenced to four years imprisonment. The applicant challenged the constitutionality of the Crown’s request for a fine in lieu of forfeiture in the amount of $74,560 (the payment the applicant received for the sale of cocaine to a police agent), on the basis that ss. 462.37(3) and (4) of the Criminal Code violated his rights under the Charter. The trial judge held that the fine in lieu of forfeiture provisions constituted cruel and unusual treatment in violation of s. 12 of the Charter. The Court of Appeal allowed the appeal and overturned the trial judge’s finding of unconstitutionality.

Lower Court Rulings

July 6, 2021
Ontario Court of Justice

Ottawa 20-30051
Ruling: ss. 462.37(3) and (4) of Criminal Code are unconstitutional
February 22, 2023
Court of Appeal for Ontario

2023 ONCA 112, C69696
Appeal allowed: constitutional ruling set aside
April 4, 2023
Court of Appeal for Ontario

2023 ONCA 231
Sentence ruling: fine in lieu of forfeiture in the amount of $74,560 imposed