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 nameHer Majesty The Queen v Willy Goltz
Citations[1991] 3 S.C.R. 485
Docket No.21826 [1]
RulingAppeal 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
MajorityGonthier J., joined by La Forest, L'Heureux-Dubé, Sopinka, Cory and Iacobucci JJ.
DissentMcLachlin J., joined by Lamer C.J. and Stevenson J.

Background

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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

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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

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  1. ^ SCC Case Information - Docket 21826 Supreme Court of Canada