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Canada's Supreme Court authorizes discount for police misconduct while upholding mandatory sentencing term

By Douglas A. Berman

As detailed in this article from the Toronto Star, which is headlined "High court clarifies minimum sentences: They can be lowered to remedy police abuse, but in most cases mandatory penalty must apply," the Supreme Court of Canada handed down a very interesting sentencing ruling late yesterday. Here are the basics: Trial judges can lower sentences to denounce police misconduct, but in most cases cannot undercut a mandatory minimum penalty set by Parliament, the country's top court says.  The Supreme Court of Canada's ruling stems from a 2004 Alberta case in which a drunk driver was beaten by police.  The decision is considered important because it focuses on mandatory minimum penalties, a contentious tool the federal Conservatives have increasingly invoked in their "tough-on-crime" agenda...continue to full post

Full post as published by Sentencing Law and Policy on February 20, 2010 (boomark / email).