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constitutional law; mandatory minimums; reasonable hypotheticals; r v hills; discretion

R. v. Hills: SCC Clarifies Use of Reasonable Hypotheticals in Section 12 Challenge (Part I)

The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3, the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court to […]