Conditional Sentence

“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 […]

Implementing ‘Impact of Race and Culture Assessments’ in the Sentencing of Black Nova Scotian Offenders: R v Anderson

Systemic Oppression in Sentencing: SCC Grants Leave to Appeal on Constitutionality of Limiting Conditional Sentences in R v Sharma

Tran v Canada (Public Safety and Emergency Preparedness) : Bringing Cohesion Between Criminal Sentencing and Immigration Law

In Tran v Canada (Public Safety and Emergency Preparedness) 2017 SCC 50 [Tran], the Supreme Court of Canada (“SCC”) applied principles of statutory interpretation to answer two questions: First, does a ‘term of imprisonment’ under section 36(1)(a) of the Immigration and Refugee Protection Act, SC 2011, c 27 [IRPA] include conditional sentences? Second, is the […]