The Recognition of Prosecutorial Obligations in an Era of Mandatory Minimum Sentences of Imprisonment and Over-Representation of Aboriginal People in Prisons

(2015) 71 Supreme Court Law Review 277-300

25 Pages Posted: 16 Nov 2016

See all articles by Marie Manikis

Marie Manikis

McGill University - Faculty of Law

Date Written: November 14, 2015

Abstract

The presence of mandatory minimum sentences does not allow for judges to find alternatives to incarceration or go below the legislated minimum — effectively denying judges the ability to adequately take into account specific background as a possible mitigating factor. For these reasons, this article suggests that Gladue should be recognized as a stand-alone principle that is not rooted in the principle of proportionality in sentencing — and applies notably to prosecutors.

Suggested Citation

Manikis, Marie, The Recognition of Prosecutorial Obligations in an Era of Mandatory Minimum Sentences of Imprisonment and Over-Representation of Aboriginal People in Prisons (November 14, 2015). (2015) 71 Supreme Court Law Review 277-300. Available at SSRN: https://ssrn.com/abstract=2869380 or http://dx.doi.org/10.2139/ssrn.2869380

Marie Manikis (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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