Saturday, January 12, 2013
Crown must take aboriginal status into account when considering filing notice mandating mandatory minim sentence in impaired driving matters
R v Anderson 2013 NLCA 2 holds that the Crown breached s. 7 of the Charter in failing to take the offender's aboriginal status into account when filing notice mandating a minimum prison term. This case has broad application to all aboriginal offenders facing minimum prison terms for over 80, impaired driving refusal to blow.
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