Score one for safer communities in Canada

Trudeaupians & other mushy-headed ruby everywhere in this countryare no doubt crying into their non-fat soy lattes at the moment as the SCOC, who follow up their Omar Khadr verdict with yet another surprising display of lucidity, declare that mandatory minimum sentences are indeed constitutional. The best part of this decision:

it clearly reinforces the need for courts to respect Parliament's decisions to set sentencing floors.

Mandatory minimum penalties are a contentious tool the federal Conservatives have increasingly invoked in their “tough-on-crime” agenda. Critics of minimum penalties say they strip judges of sentencing discretion, discourage guilty pleas and lead to more trials and overcrowded jails.

LeBel said “the general rule” is judges exercising sentencing discretion must follow the guidelines set out by Parliament, and “impose sentences respecting statutory minimums” or other legislated limits on sentencing discretion.

There may be “exceptional” cases where a sentence ought to be reduced even below a statutory minimum, where a lower sentence might be the “sole effective remedy for some particularly egregious form of misconduct by state agents,” the high court said

Imagine that, courts having to respect the will of Parliament, in other words the will of the people, instead of acting like unaccountable gods whose decisions cannot be questioned. This is indeed a refreshing development for our country, if indeed the courts do respect the authority of the legislature. The people would be taking back control of their country.

(source)