The appellant pleaded guilty to criminal negligence causing death after a firearm he was holding discharged while he was intoxicated, killing his friend.
He challenged the constitutionality of the four-year mandatory minimum sentence under s. 220(a) of the Criminal Code, arguing it violated s. 12 of the Charter.
The Supreme Court of Canada held that the mandatory minimum sentence does not constitute cruel and unusual punishment, as it is not grossly disproportionate for the offender or for reasonable hypotheticals.
However, the Court allowed the appeal in part to credit the appellant for pre-trial custody against the mandatory minimum sentence.
