Mandatory Minimum Sentences in Canada

2985 Words6 Pages

Introduction This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument. History and Development Mandatory minimum sentences (MMS) affect twe... ... middle of paper ... ...micide': The law and Robert Latimer. Retrieved November 14, 2013, from CBC News: http://www.cbc.ca/news/canada/compassionate-homicide-the-law-and-robert-latimer-1.972561 Jones, C. (2009). Ineffective, Unjust and Inhumane: Mandatory Prison Sentences for Drug Offences. The John Howard Society of Canada. O’Reilly, P. (2013) Case Stated in CC405 Class. Pritchard. (2013). A lesson for Canada as the U.S. turns against mandatory minimums. Globe and Mail. Roberts, J. (2007). Public Attitudes to Sentencing in Canada: Exploring Recent Findings. Canadian Journal of Criminology and Criminal Justice , 49 (1), 75-107. R. v. Smickle. (2012) ONSC 602 (CanLII), Retrieved November 15, 2013 from http://canlii.ca/t/fq2d0 Yu, J. (1994). Punishment celerity and severity: Testing a specific deterrence model on drunk driving recidivism. . Journal of Criminal Justice , 22, 355-366.

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