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.
