R v Goltz

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 does not violate section 12 of the Charter.

R v Goltz
Supreme Court of Canada
Hearing: June 7, 1991 Judgment: November 14, 1991
Full case name	Her Majesty The Queen v Willy Goltz
Citations	[1991] 3 S.C.R. 485
Docket No.	21826
Ruling	Appeal allowed
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
Reasons given
Majority	Gonthier J., joined by La Forest, L'Heureux-Dubé, Sopinka, Cory and Iacobucci JJ.
Dissent	McLachlin J., joined by Lamer C.J. and Stevenson J.

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 not in violation of section 12 of the Charter.

See also

• List of Supreme Court of Canada cases

External links

• Full text of Supreme Court of Canada decision at LexUM and CanLII