Section 11(i)

R v. Poulin: A Right to the Lesser Punishment

KRJ: A New Way to Understand “Punishment” and the Crown’s Justificatory Burden

The Court’s decision in KRJ this summer provides a new test for “punishment” under s 11(i) of the Charter. While the Supreme Court of Canada’s new test better reflects the goals of the guarantee, overall the case may have a problematic impact because of its treatment of s 1, which rests on an unclear standard […]