• 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 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

In The News

Follow-Ons and Convertibles in Canada’s Equity Capital Markets

May 29, 2025
       

Client Work

Silver Viper Minerals to Acquire Cimarron Gold-Copper Project from CSAC Holdings Inc.

May 27, 2025
       

Updates

Class Actions: Looking Forward 2025

May 22, 2025
       

Speaking Engagements

Lincoln Caylor Speaks on Report Writing in OBA Investigation Series

May 20, 2025
       

In The News

How To Stay Resilient in an Uncertain World

May 16, 2025
       

Announcements

Bennett Jones Wins Big at Benchmark Litigation Awards

May 09, 2025
       

In The News

Managing Risk Amid Tariff Chaos

May 09, 2025
       

Speaking Engagements

Insights on Tariff Strategy and Cross-Border Trade Compliance

May 08, 2025
       

In The News

John Manley on NPR’s Morning Edition on Mark Carney’s White House Visit

May 06, 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