Trudeau government refuses to get "tough on crime"

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driveangry
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Trudeau government refuses to get "tough on crime"

Post by driveangry »

The Canadian people wanted the government to "get tough on crime". Harper did just that with a "tough on crime" law. He was ridiculed by the Liberal gov. that it wasn't tough enough.

http://globalnews.ca/news/2640773/supre ... itutional/

Apparently jail time for a drug trafficker selling crack, meth, and herion shouldn't get a minimum sentence.
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oneh2obabe
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Re: Trudeau government refuses to get "tough on crime"

Post by oneh2obabe »

From your link ... OTTAWA – The Supreme Court of Canada has ruled that two federal laws from the previous Conservative government’s tough-on-crime agenda are unconstitutional.

Harper introduced the "tough-on-crime" bill. The SCOC ruled parts were unconstitutional.
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erinmore3775
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Re: Trudeau government refuses to get "tough on crime"

Post by erinmore3775 »

Please note that it was not the Trudeau government that "chopped" the "tough on crime" minimal sentences, it was the Supreme Court of Canada.

" The provincial court ruled that while the appropriate sentence for Lloyd was one year, the mandatory minimum sentence constituted cruel and unusual punishment and violated the charter.The Supreme Court also says that provisions passed in 2009 which prohibit a trial judge from giving more than one-for-one credit for pre-trial detention if a justice of the peace denies bail to the person because of a previous conviction are unconstitutional."

http://globalnews.ca/news/2640773/supreme-court-rules-harper-governments-tough-on-crime-law-unconstitutional/

As the Globe and Mail article pointed out the BC Supreme Court originally overturned Llyod's mandatory sentence. The previous government appealed the BCSC decision. The SCOC has instructed that "If Parliament hopes to maintain mandatory minimum sentences for offences that cast a wide net, it should consider narrowing their reach so that they only catch offenders that merit that mandatory minimum sentence," the decision reads. "In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment."

http://www.cbc.ca/news/politics/supreme-court-sentencing-mandatory-minumums-1.3537150

It will be interesting to see where this goes now.
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driveangry
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Re: Trudeau government refuses to get "tough on crime"

Post by driveangry »

Correct,,,,,,,,,, so why is it unconstitutional now under a Liberal gov, and not under the Conservative gov. It was challenged back then. Liberals said it wasn't tough enough. Now JT is in it becomes unconstitutional. LOL
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oneh2obabe
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Re: Trudeau government refuses to get "tough on crime"

Post by oneh2obabe »

driveangry wrote:Correct,,,,,,,,,, so why is it unconstitutional now under a Liberal gov, and not under the Conservative gov. It was challenged back then. Liberals said it wasn't tough enough. Now JT is in it becomes unconstitutional. LOL

The SCOC doesn't make snap judgements. Each Justice reviews evidence presented, makes their decision and 1 Justice from each side (if they don't agree) writes a paper supporting that decision. Highly doubt it happens overnight. When all their ducks are in a row (so to speak) the ruling is made public. Don't think makes a whole lot of difference which political party is at the helm when the case was heard or the decision rendered.
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