Do Mandatory Minimums Work?
Back in 2009, Stephen Harper’s Conservative government introduced legislation amending the Criminal Code, which laid out mandatory sentencing minimums for various offences. Since then, these mandatory minimums have received some harsh criticism and the Supreme Court has even struck down a few. The sentencing judge is placed in a unique position where they know a great deal about the circumstances of the offence and the particular characteristics of the offender. The sentencing judge has often heard a trial of the matter, they have heard first hand sentencing submissions from the Crown and defence, and they have observed the offender in person while in the courtroom. This unique position can be pushed to the side when the sentencing judge is forced to abide by mandatory minimums, and sometimes the sentencing judge is forced to levy a sentence that is higher than what they would have otherwise imposed. Sentencing is often very […]