The respondent was convicted of driving while prohibited under the British Columbia Motor Vehicle Act and sentenced to the mandatory minimum of seven days' imprisonment and a $300 fine.
The trial judge upheld the sentence, but the summary conviction appeal court and the Court of Appeal found the mandatory minimum violated the guarantee against cruel and unusual punishment in s. 12 of the Charter.
The Supreme Court of Canada allowed the Crown's appeal, holding that the mandatory minimum sentence does not infringe s. 12 when the prohibition from driving is based on an unsatisfactory driving record, as the punishment is not grossly disproportionate to the gravity of the offence.
