Home -> Law Blog Directory -> International Law Blogs -> Criminal Review
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
International Law
: Criminal ReviewR. v. Ferguson (SCC)
The Supreme Court of Canada passed down its ruling today in R. v. Ferguson (for some background on what the case was about and the decisions in the lower courts, see my earlier comment here). The news media have been all over it (CBC, Globe and Mail, National Post, Toronto Star). The main issue was whether there could be constitutional exemptions to mandatory sentences, which is a bit of a hot topic these days. And on this issue the Court (in a unanimous ruling written by the Chief Justice) was clear: “I conclude that constitutional exemptions should not be recognized as a remedy for cruel and unusual punishment imposed by a law prescribing a minimum sentence. If a law providing for a mandatory minimum sentence is found to violate the Charter, it should be declared inconsistent with the Charter and hence of no force and effect under s. 52 of the Constitution Act, 1982.” The main rationale is that such exemptions undermine both the will of parliament and the rule of law.
Full post as published by Criminal Review on February 29, 2008 (boomark / email).

Senior 9th Circuit judge and civil rights advocate Warren Ferguson dies at 87
Constitutional Exemptions to Mandatory Minimum Sentences: An Unambiguous Ruling in R. v. Ferguson
Curative instructions and mistrial motions
"Warren J. Ferguson, 87; judge on U.S. 9th Circuit Court of Appeals"
Medicare Scam Results in Indictment of California Doctor and Employee









