Section 11(i): Lesser Punishment

R. v. K.R.J., [2016] 1 SCR 906

In considering the retroactive effect of new probation provisions for sexual offenders, the Supreme Court considered the effect of section 1 of the Charter (reasonable limits) on subsection 11(i) thereof (benefit of the lesser punishment). Continue reading

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Filed under Section 1: Reasonable Limits, Section 11: Legal Rights, Section 11(i): Lesser Punishment

Canada (Attorney General) v. Whaling, 2014 SCC 20

When the federal government passed the Abolition of Early Parole Act, three inmates serving sentences for first-time, non-violent offences argued that the retroactive application of such legislation infringed their right not to be “punished again” for the same offence. When they were sentenced, these individuals were eligible for day parole after just one sixth of their custodial sentences were served. The new legislation, however, extended their sentences far beyond what was initially imposed. Continue reading

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Filed under Section 11: Legal Rights, Section 11(g): Retroactivity, Section 11(h): Double Jeopardy, Section 11(i): Lesser Punishment