R. v. Hills: SCC Overturns Harper-Era Mandatory Minimum Sentence (Part II)
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC...
Category: Sentencing
R v Hilbach: SCC Holds Mandatory Minimum Sentence for Firearm Offence is Constitutional
Last year, the Supreme Court of Canada (“SCC”) heard three cases in relation to the constitutionality of certain firearm offences with mandatory minimums in the Criminal Code, RSC 1985, c...
“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court”] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks...
SCC Continues to Roll Back Harper-Era Criminal Code Amendments in R. v. Ndhlovu
In its recent decision, R v Ndhlovu, 2022 SCC 38 [Ndhlovu], the Supreme Court of Canada [“SCC”] struck down two provisions of the Criminal Code, RSC 1985, c C-46 [“the...
