Court ruling on mandatory minimum sentences gets support from Moncton lawyer

MONCTON – A long-time Moncton lawyer says he agrees with the Supreme Court of Canada’s decision to rule mandatory minimum sentences for gun crimes unconstitutional.

The Supreme Court made the ruling Tuesday morning.

The law included a mandatory three year minimum sentence for a first offence of possessing a loaded prohibited gun and a five-year sentence for a second offence.

The ruling said a mandatory a minimum sentence could ensnare people with, “little or no moral fault,” and who pose, “little or no danger to the public.”

Wendell Maxwell has been practising law for 48 years. He says the ruling shows Parliament should let judges do their work.

“Parliament shouldn’t be interfering with what a judge must do,” Maxwell said. “A judge hears the facts in each case and he or she will impose a sentence that’s appropriate for that particular case.”

However, Maxwell said the ruling could see more people challenge criminal code.

“I anticipate we’re going to see a lot of challenges to various sections out of the criminal code that carry minimum sentences,” he said.

The law was part of the federal government’s “tough on crime” agenda. Federal Justice Minister Peter Mackay said he was disappointed with the decision.

“It was disappointing that the Supreme Court has taken this decision but we’ll review it in detail and continue to look for ways to keep Canadians safe,” he said, noting the government will continue to work on legislation to better protect Canadians.