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Originally Posted by CorsiHockeyLeague
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Ok, so by their dissent they are saying that the appeal should be allowed which overturns the sentencing judge's determination that the provisions were invalid and imposes the minimum sentences as in the 2 sections of the code?
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Per Wagner C.J. and Côté, Rowe and O’Bonsawin JJ. (dissenting): The appeal should be allowed. It has not been shown that the minimum sentences provided for in s. 163.1(4)(a) and (4.1)(a) of the Criminal Code constitute cruel and unusual punishment within the meaning of s. 12 of the Charter. The impugned provisions are constitutionally valid and operative.
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