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sentencing principles

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 […]

Systemic Oppression in Sentencing: ONCA to Rule on Anti-Black Racism Reports in R v Morris

On February 11, 2021, the Ontario Court of Appeal (“ONCA”) will hear the Crown’s appeal to Justice Shaun Nakatsuru’s decision in R v Morris, 2018 ONSC 5186 [Morris]. In his decision, Justice Nakatsuru used pre-sentencing reports on anti-Black racism and the social history of the defendant to account for the factor of systemic racism in […]