An informative piece on why mandatory minimum sentences for various offences don’t work. They have been declared unconstitutional by Courts across the country, including the Supreme Court of Canada, to be contrary to the Charter of Rights and Freedoms.
The creation of mandatory minimum sentences has resulted in a dangerous and ineffective justice tool that has disproportionately affected Indigenous and other visible minorities in Canada.
In particular, mandatory minimum sentences for firearms related offences, and certain sexual offences, have been increasingly declared unconstitutional in Ontario, British Columbia, and other provinces.
Sadly, making an application to argue the unconstitutionality of a mandatory minimum sentence is a very costly and time consuming process, making it more challenging for many accused persons who don’t have the means to do so.