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Charter challenge to mandatory minimum for sexual exploitation dismissed; teacher sentenced to 18 months.
The offender, a teacher, was found guilty of sexual exploitation of a student.
At sentencing, the offender brought a Charter challenge arguing that the mandatory minimum sentence of one year under s. 153 of the Criminal Code constituted cruel and unusual punishment under s. 12.
The court dismissed the constitutional challenge, finding the mandatory minimum was not grossly disproportionate given the breach of trust, grooming, and post-offence conduct.
The offender was sentenced to 18 months in jail followed by 12 months of probation, along with ancillary orders.
Accused denied request to sit at counsel table during jury trial.
The accused brought a motion seeking leave to sit at counsel table rather than in the prisoner’s dock during a jury trial on serious criminal charges.
The court considered whether seating location affected the accused’s fair trial rights and the need for courtroom security.
Evidence from courthouse security indicated the case carried heightened security risks due to its high-profile and emotionally charged nature.
The court held that seating the accused in the dock would better ensure security and would not prejudice the accused’s fair trial rights, particularly with appropriate jury instructions.
The motion was dismissed and the accused was directed to remain seated in the prisoner’s dock for the duration of the trial.
