R. v. Sawyer [1992] 3 S.C.R. 809: -- Sentencing -- Sentence including mandatory prohibition against possession of firearms or ammunition -- Appellants' employment as stonemasons involving use of explosives and seasonal employment as hunting guides involving use of hunting rifles -- Whether mandatory prohibition cruel and unusual punishment

Present: Lamer C.J. and La Forest, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Constitutional law -- Cruel and unusual punishment -- Criminal law -- Sentencing -- Sentence including mandatory prohibition against possession of firearms or ammunition -- Appellants' employment as stonemasons involving use of explosives and seasonal employment as hunting guides involving use of hunting rifles -- Whether mandatory prohibition cruel and unusual punishment -- Criminal Code, R.S.C., 1985, c. C-46, s. 100 -- Canadian Charter of Rights and Freedoms, s. 12.

LAMER C.J. -- We are all of the view that s. 100 of the Criminal Code, R.S.C., 1985, c. C-46, does not offend s. 12 of the Canadian Charter of Rights and Freedoms. Assuming without deciding the availability of constitutional exemptions, we do not feel that this is a proper case where one should be granted.

Also assuming without deciding that the appellants may be sentenced under the amended s. 100, we find that on the facts of this case the result should not have been different.

Accordingly, the appeal is dismissed.

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