Canada

Winnipeg Free Press - PRINT EDITION

Ont. court voids mandatory minimum

Key Harper reform nixed in gun case

By: Heather Scoffield

Posted: 07/7/2012 1:00 AM | Comments: 0

Enlarge Image

Marianne Helm / The Canadian Press Archives Prime Minister Harper�s legal reforms have been dealt a blow. (CP)

OTTAWA -- An Ontario Court judge has struck down a cherished part of the Harper government's tough-on-crime agenda.

Justice Paul Bellefontaine ruled Friday in Oshawa, Ont., Christopher Lewis -- a crack dealer who offered to sell an undercover police officer a gun -- should not have to face the mandatory minimum sentence of three years in jail for firearms trafficking.

Mandatory minimum sentences are the backbone of the Conservatives reforms to criminal law.

But Lewis' lawyer, Jeffrey Mazin, said three years was far too much for someone who never had a gun or the intent to sell one.

"Basically, it was a sales pitch -- to keep the officer interested in further drug sales," Mazin, a Toronto criminal defence lawyer, said in an interview.

The federal government's 2008 changes to the Criminal Code increased penalties in a number of areas, including gun control, drunk driving and the age of consent.

The Oshawa case only dealt with the firearms trafficking part of the Tackling Violent Crime Act, in which offering to sell a gun carries an automatic three-year sentence.

Mazin argued the mandatory minimum sentence in this case was too harsh and would run up against the Charter of Rights and Freedoms' provisions against cruel and unusual punishment.

"The reality is... it's remarkably easy to commit in terms of the element of the offence. All you need to do is make an offer and intend that the recipient take it seriously."

The judge agreed the penalty was disproportionate.

He gave Lewis one year in jail for the firearms offence and an extra two years for other drug-related offences.

There are implications for other cases, Mazin said.

"(It) demonstrates that not all gun offences should be punished the same way. Different firearms offences can be committed in a myriad of ways, with different levels of culpability."

Lewis was convicted after selling crack cocaine to an undercover officer on a few occasions, then offering to sell him a gun, Mazin said.

Mandatory minimums are included in several areas of the Conservative crime reforms, but they have drawn criticism for being too inflexible and not effective in deterring crime.

Mazin said Friday's ruling was the first time a judge has struck down the mandatory minimum for firearms trafficking.

But it's not the first time a judge has challenged Ottawa's 2008 law. In February, Ontario Superior Court Judge Anne Molloy struck down a three-year minimum sentence for a first offence of illegally possessing a loaded gun.

A spokeswoman for Justice Minister Rob Nicholson offered little comment on Lewis' case Friday, but said the Conservative government believes a minimum period of incarceration for certain offences is justified to protect public safety.

"Parliament acted because Canadians were concerned that the courts were not applying appropriate sentences for serious gun crimes," said Julie Di Mambro.

-- The Canadian Press

Republished from the Winnipeg Free Press print edition July 7, 2012 A24

Factual inaccuracy? Something missing? Help improve our journalism.

Know about news? Share your story suggestions, photos and video.

Spelling error? Punctuation problem? Send us an email if you’ve found a typo.

More Canada

Undock

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.