MACKAY: Supreme Court must keep it real when dealing with mandatory sentencing Via PeterMacKay
This purely academic exercise is the height of judicial activism and surely the entry into the realm of Parliament in an effort to re-write laws, previously the sole purview of representatives elected by the people. This hypothetical application of facts is not a practice used in other common-law jurisdictions like the U.K. and the United States.
An examination of case law, years of precedent, will quickly put the notion of massive numbers of criminals being given overly harsh minimum penalties to rest. These sentences are not disproportionate and in addition to increased risk to the public in a revolving door system, it dramatically increases public
It’s baffling and perverse that some of those who are benefiting from this practice are repeat offenders, who end up with lighter sentences than they received the first time they broke the law.Article content
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