- R. v. Goltz
SCCInfoBox
case-name=R. v. Goltz
full-case-name=Her Majesty The Queen v. Willy Goltz
heard-date=June 7, 1991
decided-date=November 14, 1991
citations= [1991] 3 S.C.R. 485
docket=21826
history=
ruling= Appeal allowed
ratio=
SCC=1991-1992
Majority=Gonthier J.
JoinMajority=La Forest, L'Heureux-Dubé, Sopinka, Cory and Iacobucci JJ.
Dissent=McLachlin J.
JoinDissent=Lamer C.J. and Stevenson J.
NotParticipating=
LawsApplied="R. v. Goltz", [1991] 3 S.C.R. 485 is a leading constitutional decision of the
Supreme Court of Canada on the right againstcruel 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.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.
Judgment of the Supreme Court of Canada
Justice Gonthier, writing for the majority, granted the appeal and concluded that the provision was in violation of section 12 of the "Charter".
ee also
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List of Supreme Court of Canada cases External links
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