Constitutional Law Mock Appeal Scenario: R. v. Peltier

This resource, originally from the OJEN Fall 2011 Charter Challenge, deals with mandatory minimum sentences for drug possession. Mr. Daniel Peltier plead guilty to a single count of trafficking a controlled substance and was subject to a minimum prison sentence under the Controlled Drugs and Substances Act. Mr. Peltier brought an application challenging the mandatory minimum sentence on the grounds that the law violated his right to be free from cruel and unusual punishment and his equality rights under ss. 12 and 15 of the Canadian Charter of Rights and Freedoms, and his right to self-government within the Makwa First Nation, of which he is a member. This resource includes the trial level decision, which provides the basis for the appeal, as well as a factum template.

About the Charter Challenge

As Ontario’s only provincial appellate-level mock hearing, the Charter Challenge has students prepare arguments of Charter issues raised on appeal. While researching their arguments, students have the opportunity to connect online with other students around the province, as well as with lawyer mentors. Their factums are reviewed and finalist teams have the opportunity to argue the issue before a Court of Appeal judge, either in person or through video-conferencing.