What is a mandatory minimum sentence in Canada?
A mandatory minimum penalty (MMP) is a floor set by Parliament below which a judge cannot sentence for a given offence. Examples include impaired driving fines, certain firearm offences, and murder. Where an MMP applies, the court cannot grant a discharge or conditional sentence for that offence.
Did Bill C-5 remove mandatory minimums?
Bill C-5 (2022) repealed mandatory minimum penalties for all drug offences under the Controlled Drugs and Substances Act and for several firearm offences, and it expanded the availability of conditional sentences. Many, but not all, mandatory minimums remain, including those for murder and repeat impaired driving.
Can a mandatory minimum be challenged?
Yes. Courts have struck down numerous mandatory minimums as unconstitutional under section 12 of the Charter, which prohibits cruel and unusual punishment, where the minimum would be grossly disproportionate for a reasonably foreseeable offender. Cases like R. v. Nur and R. v. Hills are leading examples.
Which offences still carry mandatory minimums?
Murder (life imprisonment), repeat impaired driving, several firearm offences involving use of a weapon, and some other serious offences still carry mandatory minimums. Because the law is changing rapidly through legislation and Charter litigation, always confirm the current position for the specific charge with a lawyer.