Minimum Sentences

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MANDATORY MINIMUM SENTENCES Introduction The case of Robert Latimer, the Saskatchewan farmer who killed his disabled daughter Tracy, has once again brought into focus the issue of mandatory minimum sentences (MMS). Latimer was twice convicted of second degree murder for what he claimed was a compassionate killing. His case culminated in an appeal to the Supreme Court of Canada on the grounds that the circumstances of the killing merited a constitutional exemption, under s.12 of …

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…nor does it provide a justification for embracing them wholesale. There is a conspicuous lack of evaluation of the implementation and impact of mandatory penalties in Canada. A systematic, non-partisan research effort is required to identify the areas in which these penalties are most likely to be useful and the appropriate magnitude of these penalties. Until this occurs, the legislative agenda will primarily be determined by political considerations and a small number of tragic events.