''R v Smith'',
9871 S.C.R. 1045 is a leading
Supreme Court of Canada decision. The Court struck down a mandatory seven-year sentence requirement for the importation of drugs as a violation of the right against
cruel and unusual punishment contrary to
section 12 of the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
''.
Background
Edward Smith, a twenty-seven-year-old man with multiple convictions for drug-related offences, was arriving back in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
from
Bolivia. At customs he was searched and the officers found over seven ounces of cocaine. He was convicted of importing drugs under the
Narcotics Control Act and sentenced to eight years. The Act had required a minimum sentence of seven years regardless of the amount found. The provision was challenged on the basis that it violated the ''Charter''.
The issue before the Supreme Court of Canada was whether the mandatory minimum sentence of seven years under section 5(2) of the Narcotics Control Act infringe
section 7,
9, and 12 of the Charter.
Opinion of the Court
Justice
Lamer
Lamer is a jargon or slang name originally applied in cracker and phreaker culture to someone who did not really understand what they were doing. Today it is also loosely applied by IRC, BBS, demosceners, and online gaming users to anyone perce ...
, writing for the majority, held that the sentencing provision violated section 12 of the Charter. He noted that when it came to mandatory sentencing it is very important that deference be given except where it is grossly disproportionate. To assess the provision the court should consider both the gravity of the offence, the particular facts of the case, as well as the offender's personal characteristics. The characteristics are particularly important. Lamer speculated that even a young person caught bringing a single joint across the border will be subject to the sentencing provision. This, said Lamer, would subject the first time offender to cruel and unusual punishment.
On applying the
section 1 test to the violation, it was found that the provision was rationally connected to the pressing objective of deterring drugs importation, but it failed to be proportional. Thus, it was struck down.
Dissent
Justice McIntyre, on dissent, objected on a number of grounds. He did not like Lamer's speculation of the first time offender. Smith was a multiple offender and had imported enough narcotics that it was not cruel and unusual to sentence him for over seven years. The standard for cruel and unusual punishment should be based on public outrage and the degradation of the offenders dignity, none of which was found.
See also
*
List of Supreme Court of Canada cases (Dickson Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of ...
External links
*
case summary from mapleleafweb.com
{{DEFAULTSORT:Smith (1987)
Canadian criminal case law
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
1987 in Canadian case law