Three Supreme Court of Canada decisions released Friday made two things clear.
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This has been common practice in our courts based on a 1987 Supreme Court decision, in a country where Canadians have been raised on the idea judges decide cases solely on the basis of the facts before them. This practice, which has no equivalent in the U.S., has resulted in decisions where judges have ruled that in the case before them a mandatory minimum sentence was justified, but that in a hypothetical case it would be cruel and unusual punishment and thus not constitutional.Friday involving gun crimes, it rejected the use of hypothetical cases in two lower court rulings, declaring the mandatory minimum sentences imposed were constitutional, and supported it in the third.
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