The offenders were found guilty of recruiting two minors for the purpose of exploitation and advertising sexual services.
At sentencing, they challenged the constitutionality of the five-year mandatory minimum sentence under s. 279.011 of the Criminal Code, arguing it violated ss. 7 and 12 of the Charter.
The court dismissed the s. 7 overbreadth challenge but found that the mandatory minimum violated s. 12 as it was grossly disproportionate to the offenders' lower level of moral blameworthiness, and it could not be saved under s. 1.
The mandatory minimum was struck down, and the offenders were sentenced to 18 months and 11 months respectively.
