What is the test for a mandatory minimum sentence under section 12 of the Charter?

Nova Scotia, Canada


The following excerpt is from R. v. J.E., 2018 NSPC 4 (CanLII):

The first stage of the section 12 analysis involves two steps. First the court must determine what is an appropriate sentence for the offence having regard to the purpose and principles of sentencing in the Criminal Code. Secondly, the court then must ask whether the mandatory minimum requires the judge to impose a sentence that is grossly disproportionate to the offence and its circumstances. If the answer is yes, then the mandatory minimum provision violates section 12 of the Charter and the court will then have to decide whether it is justified under section 1 of the Charter. R v. Lloyd supra at paragraph 23.

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