Mandatory minimum sentences are unjust because they take away judicial discretion forcing judges to impose a sentence regardless of the offender’s circumstances, their level of blameworthiness, and their prospect for rehabilitation. One way to prevent this injustice is to introduce an exceptions clause into a minimum sentencing provision. This would [...]

On December 5th, 2013 Human Rights Watch released a report entitled "An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty." The report illustrates how US Federal prosecutors use mandatory minimum sentences to coerce defendants to plead guilty rather than going to trial. According to [...]

Bill C-14, An Act to Amend the Criminal Code and the National Defence Act (mental disorder), is better known as the Not Criminally Responsible Reform Act.  First and most importantly, this bill makes the safety of the public the paramount consideration in the decision-making process for individuals who have been [...]

When I was appointed to the Senate of Canada in 2001, I remember the moment when I first stood in the Red Chamber and looked around at my colleagues.  I was surrounded by former lawyers, judges, activists, ex-military professionals and distinguished journalists. Many of these individuals had given their lives [...]

Unlike the United States, there has not been a lot of research on mandatory minimum sentences in Canada. However, the little Canadian research that does exist is not supportive of mandatory minimum sentences. Mandatory minimum sentences have repeatedly been criticized by several government commissions and reviews. In 1987, the Canadian [...]