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.

Show More
Related

  • Wrongful Conviction - A Miscarriage In The Canadian Justice System

    1655 Words  | 4 Pages

    In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who are innocent from being targeted because of the law.

    Read More

  • Section 11(b) of the Canadian Charter of Rights and Freedoms

    2803 Words  | 6 Pages

    One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.

    Read More

  • Essay On Drug Courts

    849 Words  | 2 Pages

    The complex issues of dealing with offenders in the criminal justice system has been a point of ongoing controversy, particularly in the arena of sentencing. In one camp there are those who believe offenders should be punished to the full extent of the law, while others advocate a more rehabilitative approach. The balancing act of max punishment for crimes committed, and rehabilitating the offender for reintegration into society has produced varying philosophies. With the emanation of drug-induced crimes over the past few decades, the concept of drug treatment courts has emerged. The premise of these courts is to offer a “treatment based alternative to prison,” which consist of intensive treatment services, random drug testing, incentives

    Read More

  • The Theory and Testing of the Reconceptualization of General and Specific Deterrence

    3887 Words  | 8 Pages

    In the May 1995 issue of the Journal of Research in Crime and Delinquency a preliminary test was conducted on Stafford and Warr’s deterrence theory. Raymond Paternoster and Alex Piquero, both professors in the Department of Criminology and Criminal Justice at the University of Maryland, attempted to elaborate on Stafford and Warr’s original findings. They, Paternoster and Piquero, argued that although they could find some support for the basic features of the deterrence theory, there was still a significant component that Paternoster and Piquero could not address. Without being able to measure the consequences of the illegal behavior of their respondents’ peers, they could not separate the effects of indirect punishment avoidance from indirect punishment.2 Furthermore, they claimed that the personal experience of punishment had a definite role in substance abuse, as well as leading to additional criminal activities because of formal sanctions.

    Read More

  • The Pros And Cons Of Mass Incarceration

    958 Words  | 2 Pages

    Mandatory minimums for controlled substances were first implemented in the 1980s as a countermeasure for the hysteria that surrounded drugs in the era (“A Brief History,” 2014). The common belief was that stiff penalties discouraged people from using drugs and enhanced public safety (“A Brief History,” 2014). That theory, however, was proven false and rather than less illegal drug activity, there are simply more people incarcerated. Studies show that over half of federal prisoners currently incarcerated are there on drug charges, a 116 percent percentage rise since 1970 (Miles, 2014). Mass incarceration is an ever growing issue in the United States and is the result of policies that support the large scale use of imprisonment on

    Read More

  • The Flaws of Incarceration in America

    1359 Words  | 3 Pages

    The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...

    Read More

  • Problematic California Prison System

    864 Words  | 2 Pages

    Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...

    Read More

  • Mandatory Sentencing

    1772 Words  | 4 Pages

    To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...

    Read More

  • Principles Of Incarceration

    2046 Words  | 5 Pages

    Canada has among the highest incarceration rates relative to many European countries. The rate of incarceration is usually a pointer to how a country reacts to crime. In Canada, roughly one in every 1,000 residents serve time in a penal institution- a total of 20,000 imprisoned adult offenders each day. Incarceration serves as a means of disapproving certain behavior in authoritative term. Furthermore, penitentiaries serve as a place of exile for those who are ethically condemned by society and the law it

    Read More

  • Crime in Canada

    1672 Words  | 4 Pages

    Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText

    Read More

  • Argumentative Essay: The Canadian Justice System

    507 Words  | 2 Pages

    The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.

    Read More

  • Canada Should Focus More on Rehabilitation and Less on Retribution

    3232 Words  | 7 Pages

    Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...

    Read More

  • The Canadian Criminal Justice System

    1961 Words  | 4 Pages

    In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...

    Read More

  • No Death Penalty for Juveniles

    2179 Words  | 5 Pages

    Lamourie, T., & Parkinson, D. (2007, September 17). Canadian Coalition Against the Death Penalty: Toronto Patterson. Retrieved from http://ccadp.org/torontopatterson.htm

    Read More

  • Why the Death Penalty Should Be Abolished

    1035 Words  | 3 Pages

    Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.

    Read More

More about Mandatory Minimum Sentences in Canada

Open Document