Is Section 7522.72 of the Criminal Code of Ontario a punitive punishment for a breach of section 7522 of the Act?
California, United States of America
The following excerpt is from Wilmot v. Contra Costa Cnty. Employees' Ret. Ass'n, 275 Cal.Rptr.3d 52, 60 Cal.App.5th 631 (Cal. App. 2021):
punishment for section 7522.72, one which does serve a legitimate nonpunitive end. "The Act's rational connection to a nonpunitive purpose is a most significant factor in our determination that the statute's effects are not punitive." ( Smith v. Doe , supra , 538 U.S. 84, 102, 123 S.Ct. 1140.)
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