What is the test for grossly disproportionate sentences in the context of section 12 of the Charter?
Ontario, Canada
The following excerpt is from R. v. Granados-Arana, 2017 ONSC 6785 (CanLII):
Accordingly, as Cory J. affirmed in Steele v. Mountain Institution, 1990 CanLII 50 (SCC), [1990] 2 S.C.R. 1385, at p. 1417, it will “only be on rare and unique occasions that a court will find a sentence so grossly disproportionate that it violates the provisions of s. 12 of the Charter,” as the governing legal standard is “very properly stringent and demanding.”
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