Supreme Court of Canada to review mandatory minimum penalties for armed robbery

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OTTAWA - The Supreme Court of Canada will examine minimum sentences for armed robbery, the second case involving mandatory firearms penalties the top court has recently agreed to hear.

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Hey there, time traveller!
This article was published 11/03/2021 (1991 days ago), so information in it may no longer be current.

OTTAWA – The Supreme Court of Canada will examine minimum sentences for armed robbery, the second case involving mandatory firearms penalties the top court has recently agreed to hear.

The latest decision flows from two matters that were considered together by Alberta’s Court of Appeal following convictions.

In the first case, Ocean Hilbach pleaded guilty to a 2017 robbery in Edmonton while using a prohibited firearm, which carried a minimum sentence of five years.

Clouds pass by the Supreme Court of Canada in Ottawa, Friday June 12, 2020. The Supreme Court of Canada will examine minimum sentences for armed robbery, the second case involving mandatory firearms penalties the top court has recently agreed to hear. THE CANADIAN PRESS/Adrian Wyld
Clouds pass by the Supreme Court of Canada in Ottawa, Friday June 12, 2020. The Supreme Court of Canada will examine minimum sentences for armed robbery, the second case involving mandatory firearms penalties the top court has recently agreed to hear. THE CANADIAN PRESS/Adrian Wyld

In the second, Curtis Zwozdesky pleaded guilty to a 2016 robbery with a gun in Caslan, Alta., an offence with a minimum penalty of four years.

In each case the mandatory minimum penalties for these offences were declared unconstitutional — decisions upheld by the Court of Appeal in a ruling last September.

As usual, the Supreme Court gave no reasons for consenting to hear the Crown’s application for review. No date has been set for a hearing.

Last month the top court agreed to look at the constitutionality of a mandatory minimum penalty of four years in prison for recklessly firing a gun.

Another wrinkle is the recent federal tabling of a bill to repeal mandatory minimum sentences for many firearms-related offences, excluding some more serious ones involving restricted or prohibited guns.

This report by The Canadian Press was first published March 11, 2021.

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