R v Basque: Strange Statutory Interpretation
Section 259(1)(a) of the Criminal Code of Canada [Code] imposes a mandatory minimum; at sentencing, judges must apply a driving prohibition of at least twelve months for offenders convicted of...
Tagged: mandatory minimum sentences
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...
“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...
“Time Served” for Mandatory Minimum Sentences?: SCC Grants Leave to Appeal in Basque v The Queen
The Supreme Court of Canada (“SCC”) will revisit mandatory minimum sentences in Jennifer Basque v Her Majesty the Queen (SCC case no. 39997, leave to appeal granted March 10, 2022)....
