Law360 Canada ( October 22, 2021, 6:48 AM EDT) -- Appeal by the Crown from a finding that the mandatory minimum sentence of five years imprisonment for procuring a prostitute under age 18, contrary to s. 286.3(2) of the Criminal Code was unconstitutional. The trial judge focused on the facts in a hypothetical, in which the offender was herself a victim of the same crime. Her choices were significantly constrained by her circumstances, including her addiction, background, and ongoing relationship with her pimp. In addition, her offence involved no coercion or threats targeting the victim. The offender in the hypothetical gained no monetary advantage from her actions. The trial judge concluded that the appropriate sentence for the hypothetical offender was between two and two-and one-half years’ imprisonment....