OTTAWA – In its intervention at the Supreme Court of Canada in Lloyd v. R, the Canadian Bar Association argues that in some cases mandatory minimum sentences may run contrary to s. 12 of the Charter of Rights and Freedoms. Section 12 protects an individual from cruel and unusual punishment.
Eric Gottardi of Vancouver, past chair of the CBA’s Criminal Justice Section, will deliver oral arguments to the Court on Jan. 13, 2016. “The CBA submits that it is time for the Court to explicitly recognize that mandatory minimum sentences for broadly defined offences are likely to violate s. 12 of the Charter in the absence of judicial discretion to not apply the minimum sentence,” says the CBA factum.
Eric Gottardi will be available for media interviews on Jan. 13 following the hearing. Contact Hannah Bernstein to arrange an interview.
The CBA is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 36,000 lawyers, notaries in Quebec, law teachers, and law students from across Canada are members.