Thursday, May 14, 2020

Mandatory Minimum Sentences in Canada Essay - 2983 Words

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†¦show more content†¦The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repe at offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s disc retion during the sentencing process. These will be discussed in more depth throughout this paper. Issues of Mandatory Minimum Sentences There are many mandatory minimum sentences that have been placed in the Canadian law to help prevent crime from happening and toShow MoreRelatedCriminal Code And Charter Sections1414 Words   |  6 PagesSections Sentencing provisions in Canadian law are found in s.718.1 and s.718.2 of the Criminal Code, which states that, â€Å"sentences must be proportionate to the nature of the offence, reduced or increased depending on the mitigating and aggravating factors, must be similar to sentences imposed on similar offenders for similar offences in similar circumstances, and if the sentence is consecutive, it must not be unduly long or harsh.† Therefore, an offender should not be deprived of their liberty ifRead MoreThe Overcrowding Of The Correctional Facilities1730 Words   |  7 Pageson crime† for political gain. As mandatory minimum sentences and tougher conditional release criteria are introduced the population of those incarcerated increases. It causes unnecessary emotional and physical harm to prisoners. It also places inmates and correctional staff in danger. Something must be done before a major incident occurs as a result of negligent policies. Overcrowding affects nearly every correctional institution in the United States and Canada. In British Columbia some maximum-securityRead MoreThe Challenges of Creating and Implementing Crime Policy in Canada996 Words   |  4 PagesIntroduction Social policies are constructed to guide society. These policies are influenced by the collective morals and values of the people living in a society. Social policies in Canada are founded on the best interest of Canadians. Most importantly, social policies address issues by creating and implementing the appropriate solutions. Politicians have the prime role in creating policies and ensuring that these policies provide an answer to key issues in society. However, along the way theseRead MoreCanada vs. United States: Legal System1141 Words   |  5 PagesSince the British North America Act was adopted in 1867, Canada has been developing and writing up their own laws independently from other countries. Many people believe that, though our Canadian laws have come far from the days of the BNA act, they are still not up to par with the harshness of American laws. The advantage that Canadians have over Americans is that in Canada, there is only one criminal code for all Canadians whereas in the United States, every State has their own criminal codes whichRead MoreMandatory Minimum Sentences : Judicial Discretion1906 Words   |  8 Pages Mandatory Minimum Sentences: Judicial Discretion Twenty-nine offences in the Criminal Code have a mandatory minimum sentence of imprisonment time. The majority of these sentences were introduced with Bill C-68, a set of firearms-related legislation introduced in 1995. In addition, there are also mandatory minimum sentences for several other offences, such as child prostitution, betting, pool-making, and impaired driving. Mandatory minimum sentences impose legislated punishments, furthermoreRead MoreDTSM Assignment882 Words   |  4 Pagesfor up to two years. What is impaired driving? Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while under the influence of alcohol or drugs. It is a crime under the Criminal Code of Canada and the consequences are serious. You may: lose your licence have your vehicle impounded need to pay an administrative monetary penalty need to attend an education or treatment program be fined upon conviction be required to install an ignition interlockRead MoreThe Canadian Bar Association Was An Appropriate Intervener1838 Words   |  8 Pageswas an appropriate intervener for two reasons: the CBA had a strong interest in the mandatory minimums within the impugned legislation and the perspective of implementing an exemption would act as a good alternative to amending the legislation in case the judiciary did not see good enough reason to dismiss the appeal. I will present an explanation for why the CBA argued for an alternative to the mandatory minimum, how it relates to the submissions of the respondents, and the reasoning behind theRead MoreThe Issue Of Gun Control1356 Words   |  6 Pageslaw-abiding citizens who use guns for legitimate purposes. HISTORY OF GUN CONTROL In 1892 Canada passed its first criminal code for gun control required citizens to obtain a permit in order to carry a pistol. In the mid-1930s, the government intensified their gun laws by requiring registration for all handguns. The restriction of automatic weapon ownership was also enacted within the next 40 years. In 1977 Canada passed Bill C-51. This law not only required that citizens obtain a Firearms AcquisitionRead MoreMarijuana Prohibition Canada1372 Words   |  6 PagesMarijuana has been a long on going battle as to whether marijuana should be legal in Canada and taken out of this act. The law behind the drug has a long history and many failed attempts at decriminalization. There are both positive and negative effects to this law, but I believe the positive effects weigh out the negative and that because of this marijuana will be legal in the near future. The Marijuana laws in Canada today are unresolved, as superior courts have ruled all cannabis laws to be of â€Å"noRead MoreAn Unconventional Approach Of Justice1780 Words   |  8 Pagesin Canada The definition of the word â€Å"justice† according to Merriam-Webster is, â€Å"the quality of being just, impartial, or fair† (â€Å"Definition of Justice†). Almost automatically associated with â€Å"justice† to many minds is the â€Å"criminal ‘justice’ system†Ã¢â‚¬â€and criminals. Canada’s criminal justice system and the penalties for crimes committed in Canada have been recent topics of discussion preceding this year’s general election. The Conservative Party of Canada promised mandatory minimum sentences for

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.