Mandatory Minimum Sentencing
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61 CN ON: Column: The Rulings Have Righted Historical WrongsTue, 19 Apr 2016
Source:Hamilton Spectator (CN ON) Author:Walkom, Thomas Area:Ontario Lines:112 Added:04/20/2016

Court Trashes Harper Laws

In decisions released last week, Canada's Supreme Court has accomplished two things.

First, it has cocked a snook - again - at the law-and-order agenda of Stephen Harper's previous Conservative government.

Second, it has significantly expanded the number of Canadians eligible for full aboriginal status under the Constitution.

On Friday, the court unanimously swept aside provisions of the former Conservative government's Truth in Sentencing Act that limited a judge's ability to give credit for time served in pretrial detention.

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62 Canada: Tory Mandatory Minimums KilledSat, 16 Apr 2016
Source:Winnipeg Free Press (CN MB)          Area:Canada Lines:59 Added:04/20/2016

Supreme Court strikes down previous government's laws

OTTAWA - The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pre-trial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

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63 Canada: Supreme Court Rules Against Tough-On-Crime LegislationSat, 16 Apr 2016
Source:Toronto Star (CN ON)          Area:Canada Lines:65 Added:04/20/2016

OTTAWA- The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pretrial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

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64 CN ON: Column: Supreme Court Trashes Tough-on-crime LawsTue, 19 Apr 2016
Source:Record, The (Kitchener, CN ON) Author:Walkom, Thomas Area:Ontario Lines:110 Added:04/20/2016

In decisions released last week, Canada's Supreme Court has accomplished two things.

First, it has cocked a snook - again - at the law-and-order agenda of Stephen Harper's previous Conservative government.

Second, it has significantly expanded the number of Canadians eligible for full aboriginal status under the Constitution.

On Friday, the court unanimously swept aside provisions of the former Conservative government's Truth in Sentencing Act that limited a judge's ability to give credit for time served in pretrial detention.

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65 Canada: Court Strikes Down Two LawsSat, 16 Apr 2016
Source:Sun Times, The (Owen Sound, CN ON)          Area:Canada Lines:107 Added:04/20/2016

Supreme Court rules two tough-on-crime laws unconstitutional

OTTAWA - The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pre-trial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

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66CN AB: Editorial: No Formula For JusticeTue, 19 Apr 2016
Source:Edmonton Journal (CN AB)          Area:Alberta Lines:Excerpt Added:04/19/2016

When it comes to Canada's criminal justice system, the popular political play in recent years has been to follow in the footsteps of our American neighbours and mimic their embrace of "tough on crime" laws with hard and fast rules for mandatory minimum punishments.

The election of Justin Trudeau's Liberal party served as one signal that Canadians may be ready to rethink the wide array of ironclad minimum sentences. That's a good thing in light of a recent Supreme Court of Canada ruling.

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67 CN ON: Editorial: Scrap These LawsMon, 18 Apr 2016
Source:Toronto Star (CN ON)          Area:Ontario Lines:62 Added:04/19/2016

Supreme Court Tears Down Another Harper-Era Crime Law

Bit by bit, the Harper government's punitive and discriminatory "tough on crime" agenda is being dismantled. And not a moment too soon.

The Supreme Court of Canada tore another brick out of the wall on Friday when it struck down two Harper-era laws. One was a mandatory minimum sentence of one year in prison for repeat drug offenders. The other prevented a person with a previous conviction from getting extra credit for time served in custody before trial.

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68 Canada: Editorial: No Longer MandatoryMon, 18 Apr 2016
Source:Globe and Mail (Canada)          Area:Canada Lines:57 Added:04/19/2016

Two criminal-law decisions from the Supreme Court of Canada last week mark the end of a war between the judiciary and the federal government. The judiciary, not surprisingly, won.

Chief Justice Beverley McLachlin has helped restore a balance in "credit" for accused people who are held in jail awaiting trial. The Conservative government, with one of its characteristically rhetorical names for laws, the Truth in Sentencing Act, set stringent limits on how much credit an accused person could earn for jail time before conviction. It seemed to be based on the idea of the more imprisonment, the better.

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69 CN ON: Column: Historic, Banner Week For Supreme CourtSun, 17 Apr 2016
Source:Toronto Star (CN ON) Author:Walkom, Thomas Area:Ontario Lines:104 Added:04/19/2016

In decisions released last week, Canada's Supreme Court has accomplished two things.

First, it has cocked a snook - again - at the law-and-order agenda of Stephen Harper's previous Conservative government.

Second, it has significantly expanded the number of Canadians eligible for full aboriginal status under the Constitution.

On Friday, the court unanimously swept aside provisions of the former Conservative government's Truth in Sentencing Act that limited a judge's ability to give credit for time served in pretrial detention.

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70 CN AB: Column: Court Ruling Just Plain WrongSun, 17 Apr 2016
Source:Edmonton Sun (CN AB) Author:Gunter, Lorne Area:Alberta Lines:93 Added:04/19/2016

Striking Down Canada's Mandatory Minimum Drug Sentence Was Not Necessary

The Supreme Court got it wrong.

Not spectacularly wrong. After all, this is no longer the court of former Chief Justice Antonio Lamer. During Lamer's tenure (1990 to 2000), the court frequently made up new laws and new rights out of thin air.

In one especially appalling decision - the 1999 Marshall case from Nova Scotia - the Lamer court so badly misinterpreted the history of the early Maritime treaties with First Peoples that it was forced to issue a formal correction of its ruling.

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71 CN AB: Column: Supreme Court Gets It Wrong On MandatorySun, 17 Apr 2016
Source:Calgary Sun, The (CN AB) Author:Gunter, Lorne Area:Alberta Lines:92 Added:04/19/2016

The Supreme Court got it wrong.

Not spectacularly wrong. After all, this is no longer the court of former Chief Justice Antonio Lamer. During Lamer's tenure (1990 to 2000), the court frequently made up new laws and new rights out of thin air.

In one especially appalling decision - the 1999 Marshall case from Nova Scotia - the Lamer court so badly misinterpreted the history of the early Maritime treaties with First Peoples that it was forced to issue a formal correction of its ruling.

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72 CN AB: Editorial: Supreme Court Has No Agenda, So CharterSat, 16 Apr 2016
Source:Medicine Hat News (CN AB) Author:McCuaig, Alex Area:Alberta Lines:78 Added:04/19/2016

On the eve of the 34th anniversary of the Canadian Charter of Rights and Freedoms, the Supreme Court of Canada has made two significant decisions regarding the constitutionality of legislation passed by the federal Conservatives.

On Friday, the country's top court ruled that mandatory minimum sentencing for repeat offenders in drug offences and the denial of enhanced pretrial custodial credit for accused denied bail were unconstitutional.

It's fair to say these and other so-called tough on crime legislative measures didn't meet the requirements outlined in one of this nation's foundational documents which establishes the rights of Canadians.

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73 Canada: End May Be Near for Tories' Tough-On-Crime SentencesSat, 16 Apr 2016
Source:Globe and Mail (Canada) Author:Fine, Sean Area:Canada Lines:100 Added:04/19/2016

The Supreme Court of Canada has sounded a death knell for mandatory minimum jail sentences passed by the former Conservative government, indirectly sending a message to the Liberal government to get on with the job of undoing Harper-era laws that put judges in a sentencing straitjacket.

In two separate rulings that stress the importance of judges' discretion, the court struck at the heart of former prime minister Stephen Harper's crime agenda.

In the first one, it said a mandatory minimum sentence of one year for drug traffickers who have a previous trafficking conviction is cruel and unusual punishment, and therefore unconstitutional.

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74 Canada: Court Strikes Down Two LawsSat, 16 Apr 2016
Source:Tribune, The (CN ON)          Area:Canada Lines:106 Added:04/17/2016

Supreme Court Rules Two Tough-On-Crime Laws Unconstitutional

OTTAWA - The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pre-trial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

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75 Canada: Court Strikes Down Two LawsSat, 16 Apr 2016
Source:Packet & Times (CN ON)          Area:Canada Lines:106 Added:04/17/2016

Supreme Court Rules Two Tough-On-Crime Laws Unconstitutional

OTTAWA - The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pre-trial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

[continues 608 words]

76 Canada: Mandatory Minimums KilledSat, 16 Apr 2016
Source:Toronto Sun (CN ON)          Area:Canada Lines:58 Added:04/17/2016

Supreme Court Strikes Down Previous Tory Government Laws

OTTAWA - The Supreme Court of Canada has struck down two federal laws from the previous Conservative government's tough-on-crime agenda, ruling both to be unconstitutional.

The decisions mean an end to rules for minimum sentences for specific drug crime convictions and limits on credit for pre-trial detention in certain conditions where bail is denied, giving trial judges more leeway in how they deal with offenders.

In both decisions, the top court said Parliament has the right to set laws to maintain public safety, but the rules should not be so overly broad that they capture offenders whose incarceration would benefit neither themselves nor the public.

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77 US OH: PUB LTE: Reform Would Save Money, Better-Serve AddictsSat, 16 Apr 2016
Source:Columbus Dispatch (OH) Author:Pace, Greg Area:Ohio Lines:47 Added:04/16/2016

Let's do something meaningful in Washington that is fully bi-partisan. Sen. Charles Grassley, R-Iowa, sponsored bill S2123, the Sentencing Reform and Corrections Act of 2015, with 11 bipartisan co-sponsors. As of February, Senate Majority Leader Mitch McConnell, R-Ky., had said he would put the bill on the floor for a vote if 10 more Republicans would co-sponsor.

As of April, he only needs three more Republicans, but time is running short to get this done prior to the election.

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78 US NY: Editorial: Outrageous Sentences For MarijuanaThu, 14 Apr 2016
Source:New York Times (NY)          Area:New York Lines:76 Added:04/14/2016

Lee Carroll Brooker, a 75-year-old disabled veteran suffering from chronic pain, was arrested in July 2011 for growing three dozen marijuana plants for his own medicinal use behind his son's house in Dothan, Ala., where he lived. For this crime, Mr. Brooker was given a life sentence with no possibility of release.

Alabama law mandates that anyone with certain prior felony convictions be sentenced to life without parole for possessing more than 1 kilogram, or 2.2 pounds, of marijuana, regardless of intent to sell. Mr. Brooker had been convicted of armed robberies in Florida two decades earlier, for which he served 10 years. The marijuana plants collected at his son's house - including unusable parts like vines and stalks - weighed 2.8 pounds.

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79 CN SN: Legalization And LiberalsThu, 14 Apr 2016
Source:Planet S (CN SN) Author:Beatty, Gregory Area:Saskatchewan Lines:237 Added:04/14/2016

Trudeau promised to make marijuana legal. Where's that at?

Instead of "Hump Day" on April 20, thousands of Canadians will celebrate "Hemp Day" through the annual 4/20 protest against pot prohibition. With the Trudeau Liberals committed to legalizing cannabis, spirits should be high.

But the fact remains that unless you're a licensed medical user, if you possess or share marijuana at the protest, you're breaking the law.

Bill Blair, the former Toronto police chief who's the government's point man on the file as parliamentary secretary to Justice Minister Jody Wilson-Raybould, made that crystal clear in a recent CBC interview.

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80 US DC: PUB LTE: Smart Criminal-justice Reform In Md.Mon, 11 Apr 2016
Source:Washington Post (DC) Author:Dumais, Kathleen M. Area:District of Columbia Lines:50 Added:04/12/2016

The inaccuracies and misinformation in the April 6 editorial "Striking the right balance on judicial reform," which discussed criminal-justice reform bills in the Maryland legislature, are inexcusable.

The editorial should have mentioned the data, report or discussions of the Justice Reinvestment Coordinating Council, which served as the basis of the legislation. The House bill, as amended, would save about $100million over the next 10 years, not the $247 million the editorial cited, because it strikes the right balance between criminal-justice reform and public safety. And the House took the time to reach consensus on the bill in an open, collaborative and transparent process.

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