R. v. Goltz
Encyclopedia
R. v. Goltz, [1991] 3 S.C.R. 485 is a leading constitutional decision of the Supreme Court of Canada
on the right against cruel and unusual punishment
under section 12
of the Canadian Charter of Rights and Freedoms
. The Court considered a test for cruel and unusual punishment and found that based on the test the BC Motor Vehicle Act which requires a minimum sentence of 7 days in prison and a fine for a first conviction for driving without a licence.
At the BC provincial court, Goltz was convicted. It was argued that the provision violated the right against cruel and unusual punishment, but was rejected.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right against cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court considered a test for cruel and unusual punishment and found that based on the test the BC Motor Vehicle Act which requires a minimum sentence of 7 days in prison and a fine for a first conviction for driving without a licence.
Background
In June 1987, Willy Goltz was charged and convicted under s. 88(1) of the B.C. Motor Vehicle Act. He had been driving with a suspended licence.At the BC provincial court, Goltz was convicted. It was argued that the provision violated the right against cruel and unusual punishment, but was rejected.