CBA FALL LAW SERIES 2020

Presented by the CBA Criminal Justice Section

Recent Issues in Sentencing: Conditional Sentences, Mandatory Minimums and Race and Cultural Assessments

In 2017-2018 a total of 12,532 cases in Canada resulted in an acquittal, which represents only 5.5% of total charges. As a result, Crown, Defence and the Judiciary spend a significant amount of time on sentencing. Many of the people who plead or are found guilty are subject to mandatory minimum sentences or limitations on receiving a conditional sentence of imprisonment (a sentence of imprisonment in the community). Many of the mandatory minimums have been struck down in the Appellate Courts and the Supreme Court of Canada.

In the recent case of R. v. Sharma, the Ontario Court of Appeal struck down the prohibition on Conditional Sentences for offences involving drug trafficking or with maximum penalty of 14 years or longer. Additionally, courts have begun to utilize race and cultural assessments when sentencing racialized communities beyond Indigenous communities. Join our faculty for a thoughtful consideration of these issues which affect the criminal justice system throughout Canada.

Presenters

The Honourable P. Andras Schreck, Judge of the Ontario Superior Court of Justice
Nader R. Hasan, Stockwoods LLP
Holly Loubert, Crown Counsel at the Crown Law Office – Criminal, Ministry of the Attorney General, Ontario
Moderator – Jody Berkes, Berkes Law