Sentencing
R. v. Hills: SCC Overturns Harper-Era Mandatory Minimum Sentence (Part II)
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3 [“Hilbach”], the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court […]
R v Hilbach: SCC Holds Mandatory Minimum Sentence for Firearm Offence is Constitutional
Last year, the Supreme Court of Canada (“SCC”) heard three cases in relation to the constitutionality of certain firearm offences with mandatory minimums in the Criminal Code, RSC 1985, c C-46 (the “CC”). This line of cases included: R v Hills, 2023 SCC 2 [Hills], R v Hilbach, 2023 SCC 3 [Hilbach], and R v […]
“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]