Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern:
Race and mandatory minimum sentences / Cruel and unusual punishment and mandatory minimums:
R. v. Nur (H.) 2013 ONCA 677
Civil Rights – Discrimination – Race and national or ethnic origin – Criminal matters – Mandatory minimum sentences
The accused was charged with one count of possession of a loaded prohibited firearm and accessible ammunition (Criminal Code, s. 95(1)). The Crown proceeded by indictment, and the accused elected to be tried by judge alone. The accused eventually pleaded guilty to the charge. The matter proceeded to sentencing. The accused challenged the constitutionality of the mandatory minimum three year sentence imposed by . . .
R. v. McMillan (B.W.) 2013 MBQB 229
Civil Rights – Cruel and unusual treatment or punishment – What constitutes – Mandatory minimum and consecutive sentences
The accused pleaded guilty to a charge of intentionally discharging a firearm into a place knowing that or being reckless as to whether another person was in that place (Criminal Code, s. 244.2(1)(a)). There was a mandatory minimum sentence of four years for that offence. The issue of sentencing was adjourned to allow the accused to pursue an application challenging the constitutionality of . . .