Upcoming Liberal Changes to Mandatory Minimum Sentences Posted onMay 9, 2017June 22, 2020/ David M. Schell It’s not often that political party leaders will keep the promises they have made to the public. However, in the case of mandatory minimum sentences, Prime Minister Trudeau and the Liberal party seem to have kept their promise for reform. Although some legal experts argue that the delivery of the promise is long overdue, it’s important to remember that slow progress is better than no progress. It is indisputable that changes to the criminal justice system and sentencing reforms are necessary. When the Conservatives were in power, they imposed and increased mandatory minimum penalties for dozens of criminal offences, thus taking away the discretionary powers of Canadian judges and thereby contradicting section 718.1 of the Criminal Code (section 718.1 instructs the court to take the degree of responsibility of the offender into account when handing down a sentence). In addition to a clear. 718.1 violation, mandatory minimum sentences are also constitutionally deficient, as they do not allow for an individualized response to sentencing and are therefore disproportionate when applied to intellectually disabled persons for instance. It is a fundamental principle that sentences remain proportionate to the gravity of the offence and the degree of responsibility of the offender. Yvon Dandurand, a criminologist at the University of the Fraser Valley, hypothesizes that the new legislation introduced by the Liberals will again provide flexibility to judges by creating special exceptions to some mandatory minimum penalties, while abolishing others. Of course, the Conservatives will oppose any changes to mandatory minimums, as it is contrary to their agenda to “get tough on crime.” According to one MP, “If some [mandatory minimum sentences] are going to be getting a break in the next couple of weeks here, … obviously we’ll oppose that.” Though any opposition is likely to be baseless, as the Supreme Court has already struck down two of the Conservative sentencing reforms last year. Ultimately, the changes brought in by the previous Conservative government—in an effort to “get tough” on crime—are unjust, socially harmful, unconstitutional in some cases, and are overall bad public policy. Furthermore, they fail to achieve their stated purpose of reducing crime. Change to the system is therefore necessary, and will likely be accepted by Judges across Canada, including those at the Supreme Court. Change to the system is also necessary in order to address the worsening problem of backlogs in the courts. This is a problem Canadians are very aware of following the Supreme Court’s ruling that imposed limits on the length of time an accused person can wait to stand trial. For more information on court delays, check out our previous blog posts by personal injury & criminal lawyer David Schell: Delays in our Ontario Civil Courts Solving Ontario Court Delays: Is Limiting Preliminary Hearings The Answer? As mentioned above, slow progress is better than no progress, and the changes to be introduced by the Liberal government this spring are both highly anticipated and essential. Though there are some concerns as to how cautious an approach the Liberals will take regarding mandatory minimum reform (note the cautious approach being taken in medically-assisted dying for instance), in the long run, it is hoped that Canada will once again return to being a system that emphasizes discretion, rather than one that emphasizes rules. If you are in need of a lawyer, please visit our website and contact one of our many lawyers today. If you have any questions you may also contact us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors David M. Schell 416-446-5096 416-446-5096 david.schell@devrylaw.ca Related Posts Posted onFebruary 22, 2019June 14, 2020/ David M. Schell Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis? The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law and in a previous post we spoke about the use of recreational cannabis and its legalization on October 17, 2018, by the federal government. In response, the [...] Read more Posted onFebruary 11, 2019May 20, 2023/ David M. Schell What Are the Consequences of Filing a False Police Report In Canada? By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago. When the news broke initially, it seemed as though Smollett was a survivor of what appeared to be a hate crime and his colleagues within the entertainment business did not hesitate to express their support [...] Read more Posted onDecember 27, 2018June 15, 2020/ Marc Spivak Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users? In a recent blog post, we discussed the legalities surrounding the operation of motor vehicles while impaired by alcohol or drugs, under the Criminal Code of Canada. Accompanying the fairly new Cannabis legislation, are further stringencies concerning Ontario drivers, which are expected to come into effect on January 1st, 2019. Any driver convicted of distracted [...] Read more