Supreme Court Strikes Down Mandatory Minimum Sentences for Gun Crimes

In a 6-3 decision, the Supreme Court has upheld an Ontario ruling that struck down mandatory minimum sentences for crimes involving prohibited guns. A cornerstone of the Conservatives’ “tough on crime” agenda, the sentencing laws had originally been enacted in 2008.

Although both the Federal and Ontario governments argued that the minimums don’t breach  Charter protection against cruel and unusual punishment, the Supreme Court ruling stated concern that the legislation could endanger people with “little or no moral fault”, and posing no risk of danger to the public. For example, say you inherited a firearm but fail to immediately secure a license for the weapon. Under the 2008 sentencing law, if this was your first offence, you would be dealt a hefty three year sentence. If it were your second offence, your sentence would stretch to a mandatory five years.

It’s important to remember that the effectiveness of mandatory minimum sentences in deterring gun-related crimes has not been established. Thus, not only is such legislation potentially impotent in crime prevention, but it also comes at an enormous cost to taxpayers as the number of individuals in the court and prison systems increases exponentially with mandatory minimums such as those recently struck down.

Firearms offences are notoriously complex under Canadian law, making it critical to secure the assistance of a Criminal Defence Lawyer to evaluate your case and provide you with an accurate understanding of the charges brought against you. My extensive experience defending firearms offences allows me to effectively assist my clients in securing the best possible outcome for their case, regardless of the circumstances. As a Criminal Defence Lawyer in Toronto, I work tirelessly for my clients, crafting defence strategies that secure results. If you have been charged with or wrongly convicted of a firearms offence, reach out to my office for a free, confidential consultation.

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Do you believe the Supreme Court was justified in striking down the Government’s mandatory minimum sentences for gun crimes?