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R v Smith (1987)
''R v Smith'', () 1 S.C.R. 1045 is a leading Supreme Court of Canada decision. The Court struck down a mandatory seven-year sentence requirement for the importation of drugs as a violation of the right against cruel and unusual punishment contrary to section 12 of the ''Canadian Charter of Rights and Freedoms''.
==Background==
Edward Smith, a twenty-seven-year-old man with multiple convictions for drug-related offences, was arriving back in Canada from Bolivia. At customs he was searched and the officers found over seven ounces of cocaine. He was convicted of importing drugs under the Narcotics Control Act and sentenced to eight years. The Act had required a minimum of sentence of seven years regardless of the amount found. The provision was challenged on the basis that it violated the ''Charter''.
The issue before the Supreme Court of Canada was whether the mandatory minimum sentence of seven years under section 5(2) of the Narcotics Control Act infringe section 7, 9, and 12 of the Charter.
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