Is a sentencing provision challenged under the Charter but the proper sentence is not within the range that is impacted by the allegedly unconstitutional provision?

Nova Scotia, Canada


The following excerpt is from R. v. Kennedy, 2021 NSSC 75 (CanLII):

I conclude that, where a sentencing provision is challenged under the Charter but the proper sentence is not within the range that is impacted by the allegedly unconstitutional provision, the Charter challenge is moot. Consecutive v. Concurrent

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