The defendant was convicted of defrauding the Ontario government social assistance plan of $18,636.00 over three years and pleaded guilty to defrauding a Visa cardholder of $7,944.75 while awaiting trial on the first offence.
The defendant challenged the constitutionality of amendments to the Criminal Code (Bill C-10) that removed the conditional sentence option for offences with a maximum term of 14 years or life imprisonment.
The defendant argued this violated sections 12 and 7 of the Canadian Charter of Rights and Freedoms.
The court dismissed the constitutional challenge, finding that the removal of the conditional sentence option does not constitute cruel and unusual punishment and does not violate the principles of fundamental justice.
