Mandatory Minimum Sentences, the Privilege Against Self-Incrimination, and the SCC's Decision in D.A.I.
Cruel and Unusual Punishment? An Ontario judge struck down the mandatory minimum sentence for possession of a loaded gun on Monday in The Crown v Smickle, 2012 ONSC 602. Justice Molloy found that the minimum 3 year sentence for a first time offender is “cruel and unusual punishment.” She classified the sentencing provision as unconstitutional. […]