A Vancouver-based legal aid group is going to court in a bid to have mandatory minimum sentences for drug trafficking thrown out.
The Pivot Legal Society says the federal government’s tough sentencing rules are unconstitutional.
And it’s signed on as an intervenor in a pair of drug cases to prove it.
Lawyer Adrienne Smith says it’s because the one-size fits all approach stops judges from doing just that, using their judgement.
“There’s a fundamental principle of Canadian criminal law and that’s that the punishment needs to fit the crime, so judges consider the consequences and the circumstances of the offence, but they also consider the offender. And mandatory minimum sentences don’t allow that process to happen.”
The cases are being heard before the BC Court of Appeal.
Smith says they’re prepared to take them to the Supreme Court of Canada.