Supreme Court strikes down 2 Conservative sentencing reforms

mentalfloss

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Jun 28, 2010
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Supreme Court strikes down 2 Conservative sentencing reforms

The Supreme Court of Canada has ruled that two key "tough on crime" measures brought in by the previous Conservative government are unconstitutional.

In the first case, the court ruled 6-3 that a mandatory minimum sentence of one year in prison for a drug offence violates the Charter of Rights and Freedoms.

It centres on Joseph Ryan Lloyd, an addict from Vancouver's Downtown Eastside, who was convicted of trafficking after police caught him in 2013 with less than 10 grams of heroin, crack cocaine and crystal methamphetamine.

The court ruled the sentence cast too wide a net over a wide range of potential conduct, catching not only the serious drug trafficking that is its proper aim, but also conduct that is "much less blameworthy. "

"If Parliament hopes to maintain mandatory minimum sentences for offences that cast a wide net, it should consider narrowing their reach so that they only catch offenders that merit that mandatory minimum sentence," the decision reads. "In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment."

The dissenting view argued that the law as drafted was narrow enough, and that it did not amount to cruel and unusual punishment.

The sentence imposed stemmed from the so-called "omnibus crime bill" brought in by the Stephen Harper government in 2012. The Safe Streets and Communities Act, also known as C10, made sweeping changes to Canada's criminal justice system, including mandatory minimum sentences for non-violent drug offenders.

Credit for time served

In the other case, the Supreme Court was unanimous in ruling that a person who is denied bail because of prior convictions should be able to receive credit for time served before sentencing.

Normally, a person denied bail can get 1.5 days of credit for each day spent in pre-sentence custody, reflecting what are often harsh conditions with a lack of access to programs.

Under sentencing reforms introduced by the Conservatives in 2009, a person denied bail because of a previous conviction is not eligible for enhanced credit.

Supreme Court strikes down 2 Conservative sentencing reforms - Politics - CBC News
 

JLM

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Supreme Court strikes down 2 Conservative sentencing reforms

The Supreme Court of Canada has ruled that two key "tough on crime" measures brought in by the previous Conservative government are unconstitutional.

Supreme Court strikes down 2 Conservative sentencing reforms - Politics - CBC News


Yeah, I think Harper got a little too horny about his sentencing reforms, possibly after dementia had started to set in. Common sense should play a role when locking guys up forever. We need tougher sentences for killers, rapists, kiddie diddlers and dope importers selling dope to children or for profit, NOT the druggie selling a joint so he can afford his/her next toke! Prisons are sometimes good for isolating dangerous and nefarious A$$holes, but do very little to rehabilitate, especially when the clients are often released back to the street with less than $50 in their pocket. Hard labour 60 hours a week may be more of the deterrent than lolly gagging in a cell playing cards.
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Let's just forget any nuance about life and just pretend that everyone's a saint or an asshat.
 

Curious Cdn

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I guess that we'll have to fill up all of that extra prison space that was designated for that "tough on crime" program meant to bring our incarceration rate up to American standards, with ... I don't know ... Syrian migrants?
 

WLDB

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Its kind of funny that the court is mostly made up of Harper appointees but they almost always voted against his interests both when he was in power and now that he is gone.
 

damngrumpy

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The drug charges in many cases are nonsense most were for less harmful drugs
Now coke and the hard stuff even there the addicts have sites to go I think the whole
war on drugs is a massive failure anyway. We should give all the drugs to selfsame
so he can tellus Gene stories from the Quran
 

petros

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Nov 21, 2008
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Yeah, I think Harper got a little too horny about his sentencing reforms, possibly after dementia had started to set in. Common sense should play a role when locking guys up forever. We need tougher sentences for killers, rapists, kiddie diddlers and dope importers selling dope to children or for profit, NOT the druggie selling a joint so he can afford his/her next toke! Prisons are sometimes good for isolating dangerous and nefarious A$$holes, but do very little to rehabilitate, especially when the clients are often released back to the street with less than $50 in their pocket. Hard labour 60 hours a week may be more of the deterrent than lolly gagging in a cell playing cards.
Let's just forget any nuance about life and just pretend that everyone's a saint or an asshat.

In the first case, the court ruled 6-3 that a mandatory minimum sentence of one year in prison for a drug offence violates the Charter of Rights and Freedoms.

It centres on Joseph Ryan Lloyd, an addict from Vancouver's Downtown Eastside, who was convicted of trafficking after police caught him in 2013 with less than 10 grams of heroin, crack cocaine and crystal methamphetamine.


Yeah sound like this weed smoker really got the nuance shaft.

Only 200 ODs so far this year in the DTES. With his nuanced help maybe it could be double?
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Yeah sound like this weed smoker really got the nuance shaft.

Only 200 ODs so far this year in the DTES. With his nuanced help maybe it could be double?

It's unconstitutional.

Please try and keep up.
 

Locutus

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Soft on crime judges...

By Brian on April 16, 2016 1:17 PM | 13 Comments



The MSM reports that this is a blow to the Harper tough on crime agenda, as if it were not about policy, about judges or really mild sentences but an ongoing battle between them and the hated Conservatives. Meanwhile as I point out at The Rebel...
We aren't talking about people caught possessing small amounts of drugs, we are talking about people caught and convicted of repeat drug trafficking, of being a pusher, of feeding addicts and hooking your kids.

But in a 6-3 decision the unelected judges on the nation's highest court ruled that the mandatory minimum was too much, that it was contrary to the constitution because it was a "cruel and unusual punishment."
More here....
 

Keepitsimple

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It would have made some sense if the Supreme Court had suggested that the legislation be amended to say "the minimum sentence shall apply unless there are clear circumstances that the sentence would constitute cruel and unusual punishment". That would accomplish two things...one, the legislation would still strongly reflect the will of Parliament and two, would provide the courts with the ability to use judgement in the rare, hypothetical cases cited by the SCC.
 

Cliffy

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Rexdale

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No one should be suprised about this, least of all, Stepehen Harper. It was nothing more than an offer of red meat to his rabid base and had zero chance of passing a constitutional challenge, just like prostitution, minimum gun sentences, Senate reform proposals, aboriginal title decision, the Marc Nadon senate nomination, etc, etc. Smoke and mirrors to look like he was "fighting the good fight" all while accomplishing nothing. No wonder he got his *** handed to him last election.