Is section 1201 of the Criminal Code of Nova Scotia invalid as to a convicted violent offender?

That legislative finding is entitled to some weight,¹⁷ and in the absence of contrary proof should compel a finding of constitutionality. Karnes failed to present any proof to compel a contrary conclusion. Rather, he rested his case upon the argument that only a person convicted for a past crime of violence could be expected to commit a crime of violence in the future.¹⁸ He developed that argument by pointing out that dishonorable discharge may result from many offenses which are non-violent in character and the risk of repetition of which involve no consequences such as are sought to be prevented by section 1201. Karnes argues that the net thus snares too many in its meshes. It is overbroad generally and overbroad as to appellant whose dishonorable discharge was part of a sentence for desertion. Desertion, it is asserted, includes two simple, non-violent elements: absence from duty, and an intention not to return. Therefore, under the rule of Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969), the statute must be invalid at least as to appellant.¹⁹