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Striking Down The Mandatory Minimum, R. v....

In Canada, mandatory minimum sentences are imposed on  individuals convicted of certain criminal offences. This means that sentences imposed on individuals convicted of criminal offences that carry mandatory minimum sentences cannot be less than the corresponding mandatory minimum sentence for that criminal offence. Superior Court Justice, Casey Hill, of Brampton has struck down the mandatory minimum sentence mandated for the criminal offence of importation of a controlled substance, contrary to section 6(1) of the Controlled Drugs and Substances Act. Justice Hill found it would be in violation of the accused’s section 12 Charter Rights, amounting to cruel and unusual punishment, to impose a two year sentence. The accused in this case is Cheyenne Sharma a 23 year old single Indigenous mother living below the poverty line. Sharma, who has no criminal record,  pleaded guilty to importation of a controlled substance, contrary to section 6(1) of the Controlled Drugs and Substances Act. This offence has…

13 Mar 2018

What is the Police Record Check Reform Act?

7 Mar 2018

Individuals living in Ontario who have never been convicted of a criminal offence and therefore do not have a criminal record may still have information disclosed about them pursuant to…

The Canadian Jury System

1 Mar 2018

The jury system is one of the most fundamental institutions in Canada’s criminal justice system. Under the Canadian Charter of Rights and Freedoms every person has the right to be…

Do I Have To Pay The Criminal Injury...

27 Feb 2018

The Criminal Injury Compensation Board’s goal is to provide support to complainants in criminal matters. If an individual is a complainant in a matter, or otherwise affected by a criminal…

What is SOIRA?

22 Feb 2018

  SOIRA stands for Sexual Offender Information Registration Act. According to SOIRA, the purpose is to help police services prevent and investigate crimes of a sexual nature by requiring the…

Sexual Assault, Alcohol and Consent

20 Feb 2018

Sexual assault is a serious crime in Canada and being accused of sexual assault can damage your reputation. The Criminal Code of Canada defines assault as a person who: 1)        …

What is the difference between ‘Impaired...

15 Feb 2018

Impaired Care and Control and Impaired Operation are very similar offences. A slight difference, exists between “operation” and “care or control” as defined in s. 253 of the Criminal Code…