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Ottawa Criminal Defence Law Blog

The Art of Sentencing: Why It's Time to Revisit Mandatory Minimums

There's a saying in criminal law that sentencing is an art, not a science. Sentencing judges carefully weigh the aggravating and mitigating sentences to craft a sentence that appropriately balances all the principles of sentencing to come up with a just and fair sentence. Except, of course, when they can't, because their hands are tied by a mandatory minimum sentence.

Jordan, Cody and Some Friendly Reminders on Delays in the Courts

It has now been almost a year since the Supreme Court of Canada released its decision in R v. Jordan, overhauling the test for a right to a trial in a reasonable time. Last week, the Court revisited the issue of delay in the case of R. v. Cody and confirmed its ruling in Jordan, upholding the 18 and 30 month ceilings for a trial. (As a colleague succinctly put it, the Court essentially re-iterated: "We meant what we said.")

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