Case information

Criminal law — Abuse of process — Entrapment — Cruel and unusual treatment or punishment — Mandatory minimum sentence — Commodification of sexual activity as regards person under age of 18 years — Whether s. 286.1(2)(a) of Criminal Code breaches s. 12 of Canadian Charter of Rights and Freedoms — If it does, whether it is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C 46, s. 286.1 — Canadian Charter of Rights and Freedoms, ss. 12, 24(1) and 52(1).

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Two fictitious advertisements were published by the police on Internet sites offering escort services; the text of the advertisements highlighted the youthfulness of the people. Mr. Denis communicated with someone who turned out to be a police officer acting in an undercover capacity. She stated that she mentioned the young girl’s age at least four times but that Mr. Denis did not react to that information. He was arrested by the police when he entered the room where the “escort” was.

Following the trial, Mr. Denis was convicted of the offence under s. 286.1(2) of the Criminal Code (communication for the purpose of obtaining sexual services for consideration from a person under the age of 18 years). He brought a motion to have the mandatory minimum sentence declared invalid and of no force or effect. The trial judge, considering the six month minimum sentence to be appropriate, did not conduct the Charter analysis.

The Court of Appeal allowed the appeal in part to rule on the constitutional validity of the mandatory minimum sentence and declare it invalid and of no force or effect, in accordance with s. 52(1) of the Charter.