The CCLA has been granted leave to intervene before the Supreme Court of Canada in AGQ v. Senneville, on appeal from the Quebec Court of Appeal. The issue in this appeal is the correct legal framework to assess whether a mandatory minimum sentence is grossly disproportionate. If so, the mandatory minimum would be a violation of s. 12 of the Charter of Rights and Freedoms, which prohibits cruel and unusual punishment.
The CCLA will raise three points in the appeal. First, the CCLA will identify core principles to assist courts in assessing whether a mandatory minimum sentence is grossly disproportionate when compared to a proportionate sentence. Second, that in order to determine a proportionate sentence, the court must assess the circumstances in which the offence was committed. Third, whether or not a person can obtain parole through the exercise of discretion by the Parole Board of Canada is not relevant to the s. 12 analysis.
The CCLA is grateful to Nader Hasan and Spencer Bass of Stockwoods LLP for their excellent pro bono representation in this matter.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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For further comments, please contact us at media@ccla.org.
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