One: Introduction – (0:00:28)

Two: Facts – (0:03:10)

Three: Legislative Framework – (0:04:27)

Four: Judicial History – (0:10:32)

A: The Sentencing Decision – Ontario Superior Court of Justice – (0:10:34)

B: Court of Appeal for Ontario – (0:14:40)

Five: Analysis – (0:18:33)

A: Section 15 – (0:19:19)

1: Guidance on the Section 15 sub 1 Framework – (0:25:01)

a: Preliminary Point About Substantive Equality – (0:25:05)

b: Step One – Proving the Law, on its Face or in its Impact, Creates or Contributes to a Distinction on the Basis of a Protected Ground – (0:25:56)

c: Step Two – Proving the Law Imposes Burdens or Denies Benefits in a Manner That Has the Effect of Reinforcing, Perpetuating, or Exacerbating Their Disadvantage – (0:33:36)

one: Evidentiary Burden – (0:33:47)

two: Legislative Context – (0:38:34)

three: The Scope of the State’s Obligations to Remedy Social Inequalities – (0:43:21)

2: Application to the Impugned Provisions – (0:46:33)

B: Section 7 – (0:57:47)

1: Introduction – (0:57:49)

2: Application to the Impugned Provisions – (1:02:35)

a: The Impugned Provisions Aim to Enhance Consistency in the Conditional Sentencing Regime by Making Imprisonment the Typical Punishment for Certain Serious Offences and Categories of Offences – (1:02:38)

b: The Impugned Provisions Are Not Overbroad – (1:10:28)

c: The Impugned Provisions Are Not Arbitrary – (1:14:18)

Six: Conclusion – (1:15:45)