• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • EN | FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Energy Infrastructure Mining Private Equity & Investment Funds View all
Advisory
Crisis & Risk Management Public Policy
View Client Work
International Experience
Insights News Events Subscribe
Arbitration Angle Artificial Intelligence Insights Business Law Talks Podcast Class Actions: Looking Forward Class Action Quick Takes
Economic Outlook New Energy Economy Series Private Equity Briefings Quarterly Fintech Insights Quarterly M&A Insights
Sustainability & the CIO
People
Offices
About
Practices
Industries
Advisory Services
Client Work
Insights
News
Events
Careers
Law Students
Alumni
Payments
Search
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 

In Defence of Mandatory Minimum Sentences and Surcharges

August 21, 2014

The Harper government has lost some very public court battles lately, highlighting current tensions between Parliament and the judiciary over mandatory minimum sentencing tools. The government's most recent defeat came in R. v. Michael. In this case, a prominent Ontario Court judge in Ottawa, Justice David Paciocco, convicted a homeless, alcohol and drug addicted 26-year-old named Shaun Michael of nine offences, including assault against a peace officer. Michael faced $900 in mandatory victim surcharges in addition to four months already spent in custody and two years of probation. Justice Paciocco refused to order the mandatory victim surcharges. He found that a $900 fine would be cruel and unusual punishment when combined with prison and probation, contrary to Section 12 of the Charter. And so the Court struck down the Criminal Code section creating the mandatory victim surcharge regime as unconstitutional. Written by Lincoln Caylor and Gannon Beaulne, and published in the Ottawa Citizen.

Key Contacts

  • Gannon  Beaulne Gannon Beaulne, Partner
  • Lincoln  Caylor Lincoln Caylor, Partner

Related Links

  • Insights
  • Media
  • Subscribe

Related Expertise

  • Commercial Litigation

Recent Posts

Announcements

Sixteen Bennett Jones Lawyers Ranked in Lexpert's Global Mining Special Edition

September 03, 2025
       

Announcements

Anu Nijhawan Elected Chair of CBA National Tax Section

September 02, 2025
       

Announcements

Natalia Iamundo Wins Mondaq Thought Leadership Award

August 28, 2025
       

Client Work

Bennett Jones Advises Osisko Development on US$650 Million Financing Package for Cariboo Gold Project

August 20, 2025
       

Announcements

Dominique Hussey, Melanie Teetaert and Cheryl Woodin Recognized in Benchmark's Top 100 Women in Litigation

August 14, 2025
       

Announcements

Lamont Bartlett and Katherine Booth Ranked in 2025 Benchmark Litigation 40 & Under Hot List

August 14, 2025
       

Articles

Canadian Mining Journal: Deep Sea Mining Takes the International Stage

August 14, 2025
       

Client Work

J.S. Held Acquires GHL Consultants, Further Expanding in Canada

August 12, 2025
       

In The News

Serge Dupont on CBC’s The House on Canada’s Climate Goals – Aspirations and Reality

August 11, 2025
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2025. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones