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Charter - Arbitrariness

. R. v. Sharma

In R. v. Sharma (SCC, 2025) the Supreme Court of Canada allowed a Crown appeal, this from an Ontario Court of Appeal ruling that allowed an appeal, that from a Superior Court sentencing ruling "that a conditional sentence was unavailable, and dismissed Ms. Sharma’s challenges under ss. 7 and 15(1) of the Canadian Charter of Rights and Freedoms".

Here the court considers the respondent's Charter s.7 argument, focussing on 'arbitrariness':
[86] Arbitrariness and overbreadth both consider the connection between the purpose of the impugned law and the limits it imposes on life, liberty, or security of the person (Bedford, at paras. 114-19). A law is arbitrary when it imposes limits on these interests in a way that bears no connection to its purpose ⸺ that is, when it “exacts a constitutional price in terms of rights, without furthering the public good that is said to be the object of the law” (Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331, at para. 83). ....


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Last modified: 19-01-25
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