Responding to the TRC Calls to Action March 2016

The CBA opposes mandatory minimum sentences and believes removing judicial discretion to design sentences tailored to the individual case is an inappropriate “one – size – fits – all” approach to justice.  This has disproportionately impacted already disadvantaged populations, notably including Indigenous people. In August 2011, the CBA canvassed evidence – based arguments against mandatory minimum sentences and recommended that if these sentences are to remain in Canadian law, judges must have recourse to a legislated exemption when they believe injustice would result from applying the sentences

Call to action 32 highlights the need to return discretion to judges determining a criminal sentence to allow an appropriate balancing of all relevant facts, including those pertaining to being an Indigenous person.

https://www.cba.org/CMSPages/GetFile.aspx?guid=73c612c4-41d6-4a39-b2a6-db9e72b7100d