Quebec (Attorney General) v. Denis

canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc25, 2026 scc 25 (canlii), 2026, scc, 25, (canlii), 41401, 2026, constitution, constitutional remedies, declaration of invalidity, constitution act, 1982, s. 52(1), whether the court of appeal’s declaration that criminal code, s. 286.1(2)(a) is invalid must be set aside, mandatory minimum sentence upheld as constitutionally valid, declaration set aside, appeal allowed, rights and freedoms, charter of rights, cruel and unusual punishment, canadian charter of rights and freedoms, s. 12, whether six, month mandatory minimum sentence for obtaining sexual services from a person under 18 years for consideration is grossly disproportionate, demanding standard of gross disproportionality applied, no s. 12 infringement, appeal allowed, procedure, constitutional litigation, reasonably foreseeable scenarios, whether hypothetical scenario must be purged of irrelevant details in s. 12 analysis, exclusion of personal characteristics that cannot affect gravity or moral blameworthiness, removal of “romantic feelings” and rejection of “sex worker” terminology for children, scenario reframed for sentencing comparison, appeal allowed, criminal and statutory offences, sentencing, proportionality, criminal code, ss. 718.01, 718.1, 286.1(2)(a), what sentence is fit for an 18, year, old who texts a minor and agrees to have sex for consideration, five, month incarceration found proportionate, one, month disparity not grossly disproportionate, appeal allowed