A Vancouver lawyer says she’s disappointed she won’t be able to argue against mandatory minimum sentences at the BC Court of Appeal.
The court was set to hear the case of a man who’d been convicted on drug charges.
A provincial judge had refused to impose the mandatory minimum one year in jail, saying it was unconstitutional.
The Crown appealed and Adrienne Smith with Pivot Legal Society planned to argue right back it did violate the man’s rights.
The top court has ruled it won’t discuss the issue because the man actually got a harsher sentence.
“The effect of this decision means people who are subject to what may in fact be an unconstitutional decision will not have the opportunity to have the court consider that until another case winds itself up to this level of court.”
She says that will take at least a year.