Assume this happens. Does that mean someone in Ontario can claim a breach of equality rights because of unequal sentencing?
http://bit.ly/zLgDZJ
The debate isn't over yet for the Harper's government's criminal justice legislation – at least not in Quebec.
The provincial government announced Tuesday that it would do everything in its power to limit the clout of the legislation that passed a day earlier.
Because the provinces are responsible for applying the laws passed in Ottawa, Quebec says it will work to soften Bill C-10 where possible.
The provincial minister said he will issue a directive to various players in the justice system to avoid, as much as possible, applying the strictest provisions of the crime bill.
8 comments:
All of this begs the question, what happens if a province simply refuses to enforce the bill, period?
This is about cash. Nothing more.
I have lived in Canada too long to believe any different.
"Does that mean someone in Ontario can claim a breach of equality rights because of unequal sentencing?"
Since when is it a human right to have equal sentencing?????
Every case is different,no???
"what happens if a province simply refuses to enforce the bill, period?"
I would assume something similar to when Western provinces declined to enforce the Liberal's firearms act.
They've put in mandatory minimum sentences, but I don't think they can force the court to stick with whatever charge was originally pressed.
So judges will find people guilty of lesser charges if they want to give a lesser than "minimum" sentence.
So Rat, you mean absolutely nothing.
Well, I think to the abortion cases where the unequal availability was held to be a breach of equality rights. It's an argument
Do you own guns, Kirby? If so you'd know the answer to that question. Still, take at look at the RCMP site and see if they list a Chief Firearms Officer for every province. And if they do ask how they got there considering the CFO is a provincially appointed position. Then extrapolate.
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