A three-year mandatory minimum sentence for possessing a loaded prohibited gun is unconstitutional, ruled the highest court in the province of Ontario on Tuesday, Nov. 12. The ruling is a blow to the current Canadian government which has passed several measures to get tough on crime.
The Canadian constitution protects citizens from cruel and unusual punishment and the court ruled a three-year prison sentence for a first offence would violate that protection.
The problem, ruled the court, is that the law does not discriminate between different types of crime. For example, a person keeping a restricted firearm with ammunition in their cottage when their licence requires it to be stored in their home would face the same minimum sentence as a person on the street with a loaded gun in a back pocket and the intent to use it.
Justice minister defends minimum sentences
The justice minister says he will continue to defend the constitutionality of mandatory prison sentences for serious criminals because they show Canadians that “the rights of criminals will no longer trump the rights of victims of crime.” That probably means the government will appeal the decision to the Supreme Court of Canada.
Critics in the legal community say mandatory minimum sentences don’t reduce crime and do more harm than good.
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