Over the last few years, multiple mandatory minimum sentences have been challenged in courts across Canada. The federal government has also toyed with the idea of repealing a number of these sentences that came into force during the Conservative government. However,...
Sexual Exploitation Mandatory Minimum Struck Down
by Ian Carter | Nov 26, 2018 | Sexual Assault
In a recent case in the Onatrio Superior Court of Justice, the mandatory minimum one year jail sentence for Sexual Exploitation was found to be unconstitutional. This decision is part of what is now a long line of cases where mandatory minimum senteces for sexual...
90 day mandatory minimum sentence for sexual interference stuck down
by Ian Carter | Oct 12, 2018 | Sexual Assault
Mandatory minimum senteces for sexual offences are continuing to fall. The mandatory minimum sentence of one year in jail for sexual interference when the Crown proceeds by indictment has previuosly been declared unconstitutional in many cases Now, the mandatory...
Another One Bites the Dust – ONCA strikes down certain Mandatory Minimum Sentences for production of marijuana
by Jacob Legault | Aug 27, 2018 | Drug Offences
In May 2018, the Ontario Court of Appeal in R v Vu, 2018 ONCA 436 has struck down mandatory minimum sentences (MMS) in relation to the productions of marijuana. Parliament had implemented a sliding scale of MMS for marijuana production offences. The MMS go from 6...
Sentencing for drug offences
by Ian Carter | Jun 3, 2016 | Drug Offences
Drug offences are a unique set of offences in Canada, and are criminalized under the Controlled Drugs and Substances Act (CDSA) as opposed to the Criminal Code like most other criminal offences. This also means that drug offences are prosecuted not by the local...
Three Mandatory Minimum Sentences struck down this week
by Ian Carter | Apr 27, 2016 | Drug Offences
The Supreme Court recently released a judgment in Lloyd striking down as unconstitutional a minimum sentence for drug trafficking. The Court found the minimum sentence, a one-year mandatory minimum where the offender has been convicted of a previous drug offence...
Mandatory Minimums for Marijuana Offences
by Ian Carter | Feb 21, 2014 | Drug Offences
There have been some serious amendments to drug offences in Canada in the last year, with substantial changes made to sentencing. Harper's conservative government brought in a series of mandatory minimum sentences, including for marijuana offences. While this change...
Categories
- Announcements (1)
- Appeals (3)
- Assault (5)
- Bail (5)
- Charter Of Rights And Freedoms (3)
- Child Porn And Luring (9)
- Corona Virus (1)
- Criminal Harassment (1)
- Domestic Assault (1)
- Domestic Offences (13)
- Driving Offences (32)
- Drug Offences (16)
- Firearms (3)
- Fraud (1)
- Mental Health (1)
- Murder (2)
- Occupational Health And Safety (1)
- Pardons (1)
- Peace Bond (1)
- Prostitution (2)
- Sentencing (7)
- Sexual Assault (26)
- Terrorism (1)
- Trials (13)
- Uncategorized (1)
- Voyeurism (2)
- Youth (26)