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Immigration consequences can affect sentencing, SCC rules
The Supreme Court of Canada has granted a convicted drug dealer a reduction in his sentence so that can appeal his deportation from Canada.In his first written decision since joining the top court’s...
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B.C. court libraries to offer free access to sentencing tool
Criminal lawyers in British Columbia have been given free access to an online sentencing tool accessible via their smartphones.Rangefindr.ca is being made available through Courthouse Libraries B.C.,...
View ArticleNWT judge takes aim at Truth in Sentencing provisions
Sentencing rules restricting the credit a criminal can receive for time spent on remand are unconstitutional, a Northwest Territories judge has found.The March 13 decision by Justice Garth Malakoe of...
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This week at the SCC
In the first week of the spring session, the Supreme Court of Canada will hear five appeals including a highly anticipated Charter challenge on court hearing fees from British Columbia, and a case that...
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This week at the SCC
This week, the Supreme Court of Canada will hear five appeals including a number of wiretapping cases. In one, accused drug trafficker Andrew Wakeling is fighting extradition to the U.S. In another,...
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Prosecutors need not consider Aboriginal status: SCC
Aboriginal people are not entitled to special consideration by the Crown in the exercise of prosecutorial discretion. So ruled the Supreme Court of Canada today in R. v. Anderson, overturning a...
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Truth in Sentencing Act declared unconstitutional in N.W.T.
A judge at the superior court level has for the first time directly responded to a Charter challenge of the Truth in Sentencing Act — Ottawa’s attempt to limit credit for time served — deeming...
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Unanimity not necessary for jury recommendations: BCCA
As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court’s authority,...
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Heroin not the worst drug: judge
Is heroin worse than other hard drugs and therefore worthy of higher sentences? An Ontario judge doubts that’s the case but has dismissed a defence lawyer’s bid for a lesser punishment and has instead...
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Conditional sentence for gun crime not appropriate: judge
A 65-year-old businessman with health issues and no prior criminal record has been sentenced to 21 months in jail for the illegal possession of a loaded handgun, stored in a dresser in the bedroom of...
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SCC quashes mandatory minimums for gun crimes
The Supreme Court of Canada has ruled that the mandatory minimum sentences in place for illegal possession of a firearm are unconstitutional.The 6-3 decision released this morning in R v. Nur and R v....
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