Sentencing criminals who break the law with firearms to mandatory prison terms doesn\u0027t violate Canada\u0027s constitution, the top court ruled.
In their majority decision, the Supreme Court of Canada ruled mandatory sentences handed out in two separate armed robberies by Alberta courts does not amount to a violation of Sec. 12 of the Charter of Rights and Freedoms, prohibiting cruel and unusual punishment.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
Hilbach, who was on probation and subject to a firearms prohibition, held an unloaded shotgun on employees while is accomplice assaulted them. Heard simultaneously by the Alberta Court of Appeal, justices dismissed both appeals, leaving Zwozdesky’s sentence untouched but adding a year onto Hilbach’s term.
Justice Suzanne Côté concurred with most of the decision, while Justices Andromache Karakatsanis and Mahmud Jamal felt the mandatory minimum sentences were unconstitutional.
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