A B.C. Supreme Court Justice is hearing a challenge to the "mandatory minimum" as part of a sentencing hearing for a former Prince George man convicted of sexually interfering with a minor.
Justice James Williams, who found Michael Horswill, 46, guilty of the offence in January, is being asked to consider the one-year minimum for the crime "grossly disproportionate to his particular situation."
In November, an Ontario Superior Court Justice struck down the mandatory minimum for a man convicted of the same offence and sentenced him to seven months in jail followed by two years probation.
If successful in the argument, defence counsel will seek a conditional sentence - which is served at home - for Horswill, who no longer lives in Prince George. Crown counsel has argued for 18 months to two years less a day in jail followed by three years probation.
In finding him guilty of the offence, Williams concluded Horswill had molested the four-year-old daughter of a family friend while staying overnight at a cabin near Prince George in July 2013.
The incident occurred 11 months after parliament passed legislation raising the minimum from 45 days if the case is proceeded by indictment. For cases treated summarily, it was raised to 90 days from 14.
Crown argued Horswill's failure to plead guilty and so force a trial on the matter, the victim's extreme young age, and the pain she endured means he deserved more than the minimum term allowed under the current law.
Horswill continues to deny committing the act.
A second Crown lawyer has been brought in to provide arguments against the constitutional challenge. Three days have been booked at the Prince George courthouse for the hearing.
