Can sentence reduction be a Charter remedy for Charter breaches?

Newfoundland and Labrador, Canada


The following excerpt is from R. v Squires, 2017 CanLII 17175 (NL PC):

Sentence reductions were noted in Nasogaluak to be available for Charter breaches: 57 In the early days of the Charter, La Forest J. recognized sentence reduction as falling along the range of potential s. 24(1) remedies in Mills v. The Queen, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, at p. 974. Since then, the disagreements in the jurisprudence about whether sentence reduction is prima facie available as a Charter remedy have centred more on the types of limits that should constrain a court's resort to this remedy than on the availability of such a remedy.

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