The criminal law in Canada is contained in a range of federal statutes. I believe that, in the absence of a provision, within an act, that prevents someone from being released from minimum penalties by reason of undue hardship, the application would be made under the Charter. The Charter is of national application. It applies to all federal laws, and the application that would be made by such a person would be exempted from the application of an act as a result of cruel punishment.
