Oh, My, My, My!

Canada is in deep doo-doo, thanks to our courts.

Judge rejects ‘outrageous,’ unconstitutional mandatory gun sentence

And once again, it's the damned Charter that the judge cites.

"The Conservative government’s tough-on-crime rewriting of the Criminal Code took a potentially fatal blow when an Ontario judge struck down mandatory minimum prison sentences for gun crimes, declaring them “cruel and unusual punishment.”

Ontario Superior Court Judge Anne Molloy concluded that sending a man to prison for three years in the case before her, even though he was found holding a loaded handgun, was unconstitutional."

[---]

"“A reasonable person knowing the circumstances of this case, and the principles underlying both the Charter and the general sentencing provisions of the Criminal Code, would consider a three year sentence to be fundamentally unfair, outrageous, abhorrent and intolerable,” she wrote in her judgment released Monday.

The Criminal Code’s mandatory minimum provision violates Smickle’s Charter rights she ruled and, as such, she struck it down.

“Section 12 of the Charter provides that, ‘Everyone has the right not to be subjected to cruel and unusual punishment.’ That right is enshrined in our Constitution, which is declared to be the ‘supreme law of Canada’ such that any law inconsistent with the Charter is ‘to the extent of the inconsistency, of no force and effect,’” she wrote."

It is time, folks. It is time to open up that charter and rewrite it.

I wonder who appointed the judge? A Liberal government, I'll bet. Hope the Feds appeal.