Mandatory Minimum Sentences: Law and Policy

“Introduction: Mandatory Minimum Sentences: Law and Policy” (2001), 39 Osgoode Hall Law Journal, pp. 261-272

12 Pages Posted: 8 May 2013

See all articles by Elizabeth A. Sheehy

Elizabeth A. Sheehy

University of Ottawa - Common Law Section

Date Written: 2001

Abstract

This special issue of the Osgoode Hall Law Journal takes up the theme of mandatory minimum sentencing in Canada: the historical and current manifestations in criminal laws; its public policy dimensions; its impact on diverse communities; the pressures it exerts at different points in the criminal process; and its constitutional implications. Mandatory minimum sentences are sentences that are dictated by legislation as either an absolute mandatory sentence, for example life imprisonment for an individual convicted of murder in Canada, or as a minimum sentence below which a judge cannot descend in considering sentencing options for a given offence. When framed as a minimum sentence, the judge's only discretion is to sentence above the minimum threshold up to the legislated maximum.

Keywords: mandatory minimum sentencing Canada, mandatory minimum & criminal laws, mandatory minimum & public policy dimensions, mandatory minimum & diverse communities, mandatory minimum & constitution, judges discretion, legislated maximum, absolute mandatory sentence

Suggested Citation

Sheehy, Elizabeth A., Mandatory Minimum Sentences: Law and Policy (2001). “Introduction: Mandatory Minimum Sentences: Law and Policy” (2001), 39 Osgoode Hall Law Journal, pp. 261-272. Available at SSRN: https://ssrn.com/abstract=2261426

Elizabeth A. Sheehy (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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