Mandatory Minimum Sentences For Firearm Infractions: A Cruel And Unusual Punishment

On April 14, 2015 the Supreme Court of Canada released its decision in R v. Nur, 2015 SCC 15. The 6-3 majority held that the mandatory minimum sentences for possessing prohibited or restricted firearms that are loaded or kept with readily accessible ammunition are unconstitutional.

The mandatory minimum sentences set out in the Criminal Code required at least a three year prison sentence for a first offence and five years for a subsequent offence. The majority held that these mandatory minimums violated the guarantee in s 12 of the Canadian Charter of Rights and Freedoms against cruel and unusual punishment and were not saved by s 1 because they did not satisfy the minimal impairment test.