inciples of sentencing set out in the Criminal Code; they undermine public accountability and increase the power of the Crown; they reduce the number of plea bargains and thereby increase the demands on court time; they intensify systemic racism; and they create pressure for an upward increase in the length of sentences of imprisonment. In sum, mandatory prison sentences cannot be justified and should not be tolerated in a free and democratic society.
Two commentators referred to mandatory minima as "the politician's criminal justice snake oil", suggesting that politicians champion these sentences to demonstrate that they are tough on crime (Doob and Cesaroni 2001). The efficacy of these sentences is secondary to their optics. These authors further note that mandatory penalties fail to afford the public added protection and have a corrupting influence on the justice system, as prosecutors and other justice system actors seek to circumvent them.
More than a decade ago, the Canadian Sentencing Commission (1
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