Following findings of guilt, the Crown sought to have the accused convicted under s. 151(a) of the Criminal Code, which carries a mandatory minimum punishment of one year imprisonment.
The court had to determine whether a previous declaration by another Superior Court judge, which found the mandatory minimum unconstitutional and of no force or effect, was binding.
The court held that the previous declaration was binding on the Crown and that the mandatory minimum ceased to exist.
Consequently, sentencing would proceed using applicable principles in the absence of a mandatory minimum.
