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Simon Shields, LLB

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Since 2005

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Charter - Administrative versus Penal Sanctions

Administrative Law - Penal Sanctions

Guindon v Canada (A-G) (SCC, 2015)

In this case the Supreme Court of Canada considered at length when penalties (here fines under the Income Tax Act), within an otherwise administrative law statute, rise to the level of penal so as to attract the protection of the several Charter s.11 protections - which are triggered not by a risk of incarceration as with Charter s.7 - but by the conditioning phrase ``charged with an offence`` (para 41-90).

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