Held: The petition for a writ of certiorari is denied unanimously.

Per: /u/AuroraHoC and /u/NintyAyansa : Per Section 91, Subsection 27 of the Constitution Act, 1867, the Federal Government is the exclusive legislative authority on all matters regarding Criminal Law, and as Section 321 was enacted by act of Parliament, it is therefore stayed.

The appellant's arguments of cruel and unusual punishment were considered, however as Section 321 of the Criminal Code of Canada does not specify permanent loss of custody, and in fact specifies the loss of custody is temporary until such time as the Section 7 rights of the child can be demonstably guaranteed sufficiently as a remedy to the offense. It is the opinion of the court that Section 321 does not inflict punishment so excessive as to outrage standards of decency, nor grossly disproportionate to what would have been appropriate.