R. c. Marchand: SCC to Consider Constitutionality of Mandatory Minimum Sentence for Child Luring
On February 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] heard the appeal in R. c. Marchand, 2021 QCCA 1285 [Marchand QCCA] concerning the constitutionality of the mandatory minimum sentence for the offence of child luring. The case is on appeal from the Québec Court of Appeal [“QCCA”], which upheld the trial judge’s conclusion that the mandatory minimum sentence violated s. 12 of the Canadian Charter of Rights and Freedoms [“Charter”]. Section 12 guarantees the right not to be subjected to cruel and unusual punishment.