Six band members of Pikangikum First Nation challenged the unavailability of intermittent sentences for mandatory minimum drinking and driving offences, arguing the practical impossibility of compliance due to geographic isolation violated their Charter rights to equality, freedom from cruel and unusual punishment, and constituted an abuse of process.
The court found the provision violated section 15 of the Charter as it discriminated against on-reserve members of the First Nation based on an analogous ground.
The Crown's undertaking to finance transportation to the jail rendered the applications moot, but the court addressed the constitutional issues given their public importance and impact on future cases.
