Sara Weinrib

The applicants initiated a constitutional challenge to sections of the Children’s Law Reform Act and Vital Statistics Act concerning parental recognition for LGBTQ parents.

The respondent failed to file an Answer within the 30-day period and subsequently brought motions for an open-ended extension and directions.

The applicants brought a cross-motion.

The court dismissed all motions but, recognizing the complexity and importance of the constitutional issues, granted the respondent an extension to file an Answer and set a timetable for the litigation.

The respondent was sanctioned with $2,000 in costs for its unreasonable procedural conduct in delaying the filing of its motion for extension.

The appellant, an Aboriginal offender, appealed his 8-month sentence for sexual interference against a child and challenged the constitutionality of the 14-day mandatory minimum sentence under s. 15(1) and s. 7 of the Charter.

The court dismissed the constitutional challenges, finding that the mandatory minimum did not disproportionately disadvantage Aboriginal offenders in a discriminatory manner and did not create institutional bias.

However, the court allowed the sentence appeal, reducing the sentence to 90 days intermittent custody followed by three years' probation, citing fresh evidence of the appellant's remorse and the significant delay in the proceedings.