cruel and unusual punishment
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No Big Deal?
I wrote recently about a decision of the Ontario Court of Justice, R. v. Michael, 2014 ONCJ 360, which held that the “victim surcharge” imposed in addition to any other punishment on any person found guilty of an offence is, in its current, mandatory, form unconstitutional, because it amounted to a cruel and unusual punishment… Continue reading
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Cruel
Apologies for my prolonged absence. I’m back. (I think.) And a pretty good place to start is a recent decision by Justice David Paciocco of the Ontario Court of Justice striking down the “victim surcharge” imposed on persons convicted of any offence, regardless of the nature of the offence in question and ― since the enactment… Continue reading
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Misfiring
Almost exactly two years ago, I blogged about a challenge by an Ontario couple whose immense firearms collection was confiscated after they failed to convince the courts that the Criminal Code‘s firearms provisions were unconstitutional. This time, they argue that the Code‘s provision requiring the forfeiture of the guns and ammunition involved in the firearms… Continue reading
Double Aspect 