His Majesty the King, et al. v. Maxime Bertrand Marchand (39935)

Posted on: 2023-04-19



The respondent pleaded guilty to a charge of sexual interference committed against a minor under the age of 16 between August 1, 2013 and July 19, 2015. During that period, he and the complainant had full sexual intercourse four times. He also pleaded guilty to a charge of child luring arising from interaction with the complainant on social media between February 25 and September 13, 2015. The trial judge sentenced the respondent to imprisonment for 10 months on the count of sexual interference and for 5 months concurrent on the count of child luring. She also found that the mandatory minimum sentence of one year of imprisonment provided for in s. 172.1(2)(a) Cr. C. for the offence of child luring was disproportionate in view of the circumstances in which it had been committed in this case and the respondent’s own circumstances, and that it was therefore contrary to s. 12 of the Charter. As a result, she declared it to be of no force or effect with respect to the respondent. The majority of the Quebec Court of Appeal dismissed the appeal from the sentence of imprisonment for child luring and from the declaration that the minimum sentence was of no force or effect. Levesque J.A., dissenting, would have allowed the appeal, increased the sentence for child luring from 5 to 12 months and set aside the declaration that the minimum sentence was of no force or effect.

Argued Date



Canadian charter (Criminal) - Criminal law, Sentencing - Charter of Rights — Criminal law — Sentencing — Mandatory minimum sentence — Whether majority of Court of Appeal erred in law in downplaying gravity of offence of child luring based on considerations not relevant for sentencing purposes — Whether majority erred in law in finding that once underlying offence (in this case sexual interference) has been committed, subsequent interaction is less serious, even though it has same objective — Whether s. 172.1(2)(a) Cr. C. is contrary to s. 12 of Charter — If so, whether it is appropriate and reasonable limit prescribed by law that can be demonstrably justified in free and democratic society in accordance with s. 1 of Charter — Criminal Code, R.S.C. 1985, c. C-46, s. 172.1(2)(a).


(Quebec) (Criminal) (By Leave) (Publication ban in case)


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