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Mandatory Minimum Sentences in Canada
Mandatory minimum sentences are the very lowest possible punishment that an individual can receive if he or she is convicted of a criminal offence in Canada. Most offences in the Criminal Code do not have mandatory minimum sentences, and leave it up to the judge's discretion to determine what an appropriate sentence may be. Most recently, new mandatory minimum sentences for several drug offences have come into effect. There are many opponents to these mandatory minimum sentences due to the fact that their effect on crime-prevention is negligible at best, and because of the strain that these mandatory minimums will put on Canada's already over-worked court system. If you are interested in applying for a record suspension after you have completed your mandatory minimum sentence, we encourage you to contact us any time.
What are the Mandatory Minimum Sentences for Drug Offences?
New mandatory minimum sentences have been introduced for some drug possession charges, specifically under s. 5(2) of the Controlled Drugs and Substances Act. The legislation now states that anyone who is found guilty of this offence is now liable to a minimum punishment of imprisonment of one year if the person used or threatened violence; carried, used, or threatened to use a weapon; committed the offence for the benefit of, or in association with a criminal organization; or has been convicted of a substance offence within the past ten (10) years.
There is also a mandatory minimum sentence of two years if the conviction involved persons under the age of 18 specifically if...
(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,
...(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
Criminal Code of Canada
What are the Mandatory Minimum Sentences for Firearms and Assaults?
Certain firearm offences do carry mandatory minimum sentences. For example, the use of a firearm (or imitation thereof) in committing an indictable offence carries with it a minimum punishment of imprisonment for one year. For a second offence, this minimum imprisonment becomes three years.
...subject to a minimum imprisonment of three years, regardless of whether or not the owner knows that the firearm is prohibited.
Additionally, anyone possessing a loaded prohibited or restricted firearm who does not hold the required licence, registration, or authorization for that firearm, is subject to a minimum imprisonment of three years, regardless of whether or not the owner knows that the firearm is prohibited.
What are the Mandatory Minimum Sentences for Impaired Driving Offences?
Impaired driving offences do carry mandatory minimum penalties that scale with repeating offences.
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 30 days, and
(iii) for each subsequent offence, to imprisonment for not less than 120 days;
This is not an exhaustive list of those offences which carry mandatory minimum sentences. Like all federal offences, these will leave you with a criminal record and we encourage you to apply for a record suspension (formerly known as a Pardon) in order to have these convictions removed. Note that even Pardoned convictions can be used for the purposes of sentencing if an individual re-offends.
