[Canada] Canadian Politics Redux

[Grey Fox]

[crazy canuck]

The SCC has struck down the minimum sentencing law for firearms offences.  The reasoning of the majority was that it made no sense to impose a minimum prison sentence for an act which could be as minimal as missing a license renewal date.  The more interesting thing about this case is that it pitted the gun lobby and civil rights groups against the Conservative government.  Bad timing for the government I would say.

The very firm minority pointed out that because it was a hybrid offense which could be prosecuted by either summary conviction or indictment, and the minimum only applied to prosecutions by indictment, and there was no evidence anywhere that prosecutors had ever proceeded by indictment for someone merely missing a renewal date, and the accuseds in this case weren't actually arguing that the minimum was inappropriate in their own case, therefore the majority was full of shit.

I want the conservatives to go full hog, take away most discretion from judges, and impose a sentencing grid or tables ala the US.

I would prefer to have a justice system that does not transfer discretion from the judiciary to the prosecutors.

[Malthus]

The system of sentencing guidelines does not seem to have performed well in the US, as far as I understand. The problem appears to be that there are effectively very few political incentives to ever lower sentences imposed by the legislature, and many to raise them; every politician wants to be seen as "tough on crime", while they do not, personally, have to investigate the specifics or deal with the outcomes on a daily basis.

So what you tend to get is ever-longer sentences and an ever-increasing prision population. Not sure that price is a good one to pay for consistency. 

[Rex Francorum]

Oh yeah! 

[crazy canuck]

Oh yeah! 

It is a very well written decision. 

Here it is if you wish to read it.

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15288/index.do

[viper37]

And here's the original French text:
http://scc-csc.lexum.com/scc-csc/scc-csc/fr/item/15288/index.do

[Malthus]

Oh yeah! 

It is a very well written decision. 

Here it is if you wish to read it.

http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15288/index.do

Heh, the appeal court below's decision reminds me of high school - when I was going there, the state evidently was going through a transition period: a few years earlier, classes had routinely started with the Lord's Prayer; this made many uncomfortable; so at my school at least a compromise was initiated: every kid in turn could lead off the day with a prayer from whatever religion they wanted (a helpful list was supplied but not mandatory).

Naturally, us smartasses chose "that is not dead which can eternal lie, and with strange eons even death may die". 

I think the whole business ended in 1988, after my time.

[crazy canuck]

We have indeed come a long way.  In my early years of elementary school we started each day with the Lord's Prayer.  In a community that was about 30% Sikh. Thankfully the local school board put an end to that practice long before it became a legal requirement to do so.

[Valmy]

Damn that's bizarre. Good thing I grew up in secular Texas and not in the Theocracy of Canada.

[crazy canuck]

Damn that's bizarre. Good thing I grew up in secular Texas and not in the Theocracy of Canada.

After reciting the Lord's prayer we also sang God Save the Queen.

[Valmy]

We did say the Pledge of Allegiance. For years I thought it was the frog of the United States of America.

[Josephus]

Damn that's bizarre. Good thing I grew up in secular Texas and not in the Theocracy of Canada.

After reciting the Lord's prayer we also sang God Save the Queen.

We did? I don't remember that. O Canada, yes.

[viper37]

We have indeed come a long way.  In my early years of elementary school we started each day with the Lord's Prayer.  In a community that was about 30% Sikh. Thankfully the local school board put an end to that practice long before it became a legal requirement to do so.

Same here.  Except for the 30% Sikh
It was closer to 98% Catholic, a couple of Jehovah's Witnesses and maybe one Buddhist.  Never knew the guy's religion for sure.
They didn't have to stand up during the prayer, I think.  Of course, they had moral class instead of religious teachings.

Still, that was silly.  We got rid of this in all public schools a while ago.  Thank God for seperation of State & Church, Quebec style

My first 3 years of high school were in a catholic private school, so even Jewish students (2, IIRC) attending there were expected to attend religious classes and recite catholic prayers.
But even there, nobody ever thought of having us sing God save the Queen. Though she did visit my school while I was there.  I never quite recovered from the shock... 

[crazy canuck]

Damn that's bizarre. Good thing I grew up in secular Texas and not in the Theocracy of Canada.

After reciting the Lord's prayer we also sang God Save the Queen.

We did? I don't remember that. O Canada, yes.

Remember education is a Provincial jurisdiction.  I knew the words to God Save the Queen better than I knew the national Anthem.  Especially after Trudeau changed the words.

[Barrister]

We would have the Lord's Prayer in the morning.

Signing was reserved for assemblies.  We'd start with Oh Canada, and end with God Save the Queen.