Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Tuesday, August 16, 2011

Feds won’t allow judges more leeway on mandatory sentences

HALIFAX Canada’s judges will get no leeway on mandatory minimum sentences as Ottawa proceeds with its anti-crime agenda during the fall session of Parliament, Justice Minister Rob Nicholson said Monday.

A resolution passed by the Canadian Bar Association in Halifax during its annual conference says judges should have more discretion in cases where there could be an injustice by use of a mandatory minimum sentence.

But Nicholson told the association that the government is “comfortable” with current sentencing guidelines.

“There are a number of mandatory minimum sentences ... and I would suggest to you that the ones that we have introduced are reasonable and appropriate,” Nicholson said, adding that sentencing guidelines allow judges to use discretion when delivering sentences.

Nicholson said the public gave the government a mandate to proceed based on an omnibus crime bill that was introduced but not passed before the May 2 federal election. The proposed legislation contained a number of new provisions including new minimum and maximum guidelines for organized drug crime and for sexual predators.

The governing Tories are expected to reintroduce the legislation in the fall.

“I think a reasonable analysis of what we have done in the area of mandatory sentencing will stand up to public scrutiny,” Nicholson said.

But Dan MacRury, a Nova Scotia Crown lawyer, says without more options judges are forced to incarcerate people such as the mentally ill when they may be better treated in community-based health settings.

“Too many people who suffer mental illness in this country are being treated by the criminal justice system as opposed to the mental health system,” MacRury said.

“It’s a concern that we have that certainly has to be addressed.”

The association is seeking a legal exemption from mandatory minimum sentences for what it calls exceptional cases, such as those suffering from permanent brain injury or the mentally ill. It said other countries with mandatory minimum sentences have adopted such a measure, including the United States, United Kingdom, South Africa and Australia.

Origin
Source: the Spec 

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