151

Constitutionality

• The mandatory minimum sentence imposed in paragraph (a) of section 151 has been found to violate section 12 of the Charter in a manner that could not be saved by section 1: R v Hood, 2018 NSCA 18; R v Scofield, 2019 BCCA 3; R v EJB, 2018 ABCA 1452; R v JED, 2018 MBCA 123; R v ML, 2016 ONSC 7082; R v BJT, 2016 ONSC 6616.
• The mandatory minimum sentence imposed in paragraph (b) of section 151 has been found to violate section 12 of the Charter in a manner that could not be saved by section 1: R v Drumonde, 2019 ONSC 1005.

Sexual interference

151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Annotations

• Part V