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...