In Supreme Court of Canada case of R$.$ v$.$ Brown, $2022$ SCC $18,$ the Supreme Court of Canada concluded that:

a$.$ Section $33\mathrm{.}1$ of the Criminal Code should be declared unconstitutional and of no force or effect pursuant to s$.52(1)$ of the Constitution Act, $1982.$

b$.$ The judgement of the Court of Appeal should be upheld.

c$.$ S$.33\mathrm{.}1$ of the Criminal Code infringed ss$.7$ and $12$ of the Charter.

d$.$ S$.33\mathrm{.}1$ of the Criminal

Code infringed ss$.7$ and $11($d$)$ of the Charter but that the infringements were justified under s$.1$ of the Charter.