The End of Constitutional Exemptions

Criminal Reports, Vol. 54, No. 6, p. 220, 2008

3 Pages Posted: 22 Aug 2012

See all articles by Steve Coughlan

Steve Coughlan

Dalhousie University - Schulich School of Law

Date Written: 2008

Abstract

In R. v. Ferguson (reported ante p. 197) the Supreme Court decided that constitutional exemptions are not available as a remedy when a mandatory minimum sentence is said to violate section 12 of the Charter. This is a well reasoned and sensible decision. As mandatory minimum sentences are the context in which the possibility of the constitutional exemption as a Charter remedy has most frequently arisen, as a practical matter Ferguson largely disposes of the issue. Nonetheless, a further clarification at some point that constitutional exemptions are not available in any context, for other violations of section 12 or of any other Charter right, would be a laudable follow-up.

Keywords: Section 12, R v. Ferguson, mandatory minimum sentence, constitutional exemption

Suggested Citation

Coughlan, Steve, The End of Constitutional Exemptions (2008). Criminal Reports, Vol. 54, No. 6, p. 220, 2008, Available at SSRN: https://ssrn.com/abstract=2133512

Steve Coughlan (Contact Author)

Dalhousie University - Schulich School of Law ( email )

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Halifax, Nova Scotia B3H 4H9
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