9:51 P.M. Lawyers vs Lawyers !!! Pt 1 …


Over the past 18 months , the government and the judiciary have clashed repeatedly over criminal laws that limited judges’ discretion over sentencing , including mandatory minimum sentences … And a sentence of life without parole is the ultimate mandatory minimum.

Defence lawyers and constitutional scholars interviewed say a legal challenge to life without parole is almost certain soon after it becomes law … But while the challenge will be cast in legal terms ( alleging cruel and unusual punishment , arbitrariness and disproportionality ) what will really be decided is whether ending hope for classes of prisoners is in keeping with the basic tenets of the Canadian legal system …

‘ I think that civilized norms of justice include the idea that people can reform themselves and the system should provide some incentive and hope for them to do so ‘ … University of Ottawa law professor Carissima Mathen said … ‘ Society is entitled to use the criminal law to denounce behaviour , but we tend to reject retribution for its own sake ‘ …

One question for Canadian judges will be whether the political review at 35 years offers a realistic hope of release . Mr. Harper stressed that the 35-year review is not parole but an appeal to cabinet , whose members are accountable to voters … In an e-mail , Prof. Mathen called this review a ‘ complete non-starter ‘ … ‘ The whole point of sentencing is that we take it out of the political realm once Parliament decides on the range of sentences ‘ …

So work within that duly arrived at set of choices ASSHOLES !!! … If you don’t agree with Parliament’s decision … Take it up with them in further discussions in another venue ! … BUT , IN THE MEANTIME , DO YOUR JOB WITH THE LAWS YOU HAVE BEEN GIVEN !!! …

via Ottawa, judiciary set to clash over life without parole legislation – The Globe and Mail.


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