Do you support mandatory minimum sentences?

UPDATE, Feb. 14: An Ontario judge struck down a mandatory minimum sentence Monday against a first-time gun offender, saying it was unconstitutional. Ontario Superior Court Judge Anne Molloy said the mandatory minimum of three years for possessing a loaded gun was "cruel and unusual punishment."

Dirk Derstine, the defence lawyer on the case, said the judgment is "directly contrary" to what is being proposed in Ottawa.

Original post, Feb. 13:

Mandatory minimum sentences laid out in the omnibus crime bill currently before the Senate could mean more accused criminals are freed than jailed, some Canadian lawyers say.

The omnibus crime bill that is intended to make Canadian streets and communities safer. (iStock) The Canadian Bar Association says that mandatory minimum sentences imposed under Bill C-10 could mean more charges being thrown out due to court backlogs and trial delays.

A rule known in Canada as the Askov rule allows judges to dismiss cases if court delays infringe on an accused criminal's right "to be tried within a reasonable time," as guaranteed under the Charter of Rights and Freedoms.

The association's concern is that mandatory minimums will result in more defendants fighting harder in court and fewer people taking plea bargains to avoid going to trial.

Currently, just one in 10 criminal cases goes to trial.

Other critics of mandatory minimum sentences say the policy will drive up prison costs in both federal and provincial jails. Still others point to the limited success that mandatory minimums have had in the U.S.

Justice Minister Rob Nicholson says the mandatory minimums apply to those accused of committing violence, trafficking drugs and exploiting children, and warns the bill sends a clear message to them that they will face serious consequences for their actions.

Do you think mandatory minimum sentences are a good idea? Why or why not? What concerns do you have about the policy, if any?



(This survey is not scientific. Results are based on readers' responses.)

Related:

• Should provinces have to pay for the omnibus crime bill?
• Should Canada rethink its tough-on-crime stance?