Blog of the International Journal of Constitutional Law

Category: Discretion

  • Prelude to the End of Mandatory Minimums in Canada?

    On Friday, the Supreme Court of Canada may have signaled the imminent demise of mandatory minimum sentences. In Nasogaluak, a unanimous Court expressed deep reservations about the current sentencing regime in Canada. Earlier, the Court of Appeal had declared that sentencing judges were bound by the statutorily prescribed mandatory minimum sentences, and therefore could not exercise any discretion to depart from them.