The accused brought a constitutional challenge to the summary conviction provisions of sections 151 and 152 of the Criminal Code, arguing that mandatory minimum jail sentences of 14 days violate the right to trial by jury under section 11(f) of the Canadian Charter of Rights and Freedoms.
The accused was charged with sexual interference and invitation to sexual touching of minors.
The court dismissed the application, holding that section 11(f) protects the right to jury trial only where the maximum punishment for an offence is imprisonment for five years or more, and that mandatory minimum sentences do not trigger this protection.
