Category: Sentencing

R v Hilbach: SCC to Hear Constitutional Challenge to Mandatory Minimum Sentence for Firearm Offence

This month, the Supreme Court of Canada (“SCC”) granted leave to appeal from a decision of the Alberta Court of Appeal (“ABCA”), which found that the mandatory minimum sentences for...

Systemic Oppression in Sentencing: SCC Grants Leave to Appeal on Constitutionality of Limiting Conditional Sentences in R v Sharma

In July 2020, the Ontario Court of Appeal (“ONCA”) ruled that two provisions of the Criminal Code are unconstitutional, ultimately making conditional sentences available to more offenders. In particular, the...

A Double-Edged Sword: Bissonnette c. R.

The Court of Appeal’s (“CA”) decision in Bissonnette c. R., 2020 QCCA 1585 (“Bissonnette”), illuminated the importance of respecting Parliament’s authority to re-write legislation when a court declares a statute...