A new tool is available online to find case law on sentencing for criminal offences in Canada. You can input one or more criminal offences and then add some criteria. Case names appear with links to the reported cases online. It is a valuable service. Visit Rangefindr Canadian Sentencing Database.
Read R. v. I.S. [2011] O.J. No. 3052 indicating that a youth finding of guilt raises the applicable minimum adult sentence if adult conviction with the YCJA access period.
See also R. v. Elliston, [2010] O.J. No. 5152 (S.C.J.) at para. 24 Read R. v. Whitney, [1992] Y.J. No. 59, Courts ability to use the prior youth court record limited by YOA section 45 A Brazil based global commission has written an open letter to Prime Minister Stephen Harper challenging Canada's new war on drugs. They say Canada is about to make grave mistakes similar to those previously experienced in other countries. Read the CBC story.
It appears that Ontario's Premier, Dalton McGuinty is in favour of minimum sentences for gun crimes. He is asking his federal counterparts to enact a four-year minimum sentence for illegal possession of a handgun. Read the CBC story.
Read the decision of Justice Molloy in R. v. Smickle, 2012 ONSC 602 (CanLII)_
In the early 1990's the criminal justice system in Ontario was overloaded by too many trials. In a case called Askov the Supreme Court of Canada stayed charges on a serious matter because trials were taking too long and Mr. Askov's Charter rights were violated. Are we headed in the same direction if the federal government does not pour massive amounts of cash into the provincial administration of justice. Read R. v. Askov.
If Judges lose the discretion to impose a sentence that fits the accused before the Court and their unique circumstances haven't we damaged Canadian society?
Many other countries have tried this approach to sentencing. Their crime rates are greater than ours.
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AuthorStephen R. Biss is a Barrister & Solicitor in Mississauga, Ontario. ArchivesCategories
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