R. v. ANKUR; R. v. CHANDRAN, 2023 NSCA 55, AUGUST 2, 2023.
FACTS: Both accused were charged with drinking and driving offences. They pleaded guilty and argued that the imposition of the mandatory minimum fine, constituted cruel and unusual punishment in contravention of section 12 of the Charter, because of the immigration consequences that would result. The sentencing judges agreed and imposed conditional discharges. The Crown’s appeals to the summary conviction appeal court (Justice Boudreau) were allowed, the discharges were set aside and the mandatory fines imposed. The accused sought leave to appeal to the Nova Scotia Court of Appeal.
HELD: Leave to appeal was denied. The Nova Scotia Court of Appeal concluded as follows (at paragraph 37):
Justice Boudreau did not err in law by imposing the mandatory minimum sentences provided for by the Code. Nor did she err by faulting the Provincial Court judges for fashioning a sentence that avoided deportation, rather than one that was fit and proper. Those sentences did not constitute cruel and unusual treatment or punishment contrary to s. 12 of the Charter. The potential immigration consequences of the applicants being returned to their home countries did not elevate the “punishment” to cruel and unusual. The applicants raise no arguable issue.