Canada - Drug-dealing law intended to protect minors is unconstitutional

[S.J.B.]

Drug-dealing law intended to protect minors is unconstitutional, judge decides
Keith Fraser
The Province
January 24th, 2015

A judge has found that a mandatory minimum sentence of two years in prison for a Burnaby truck driver convicted of trafficking a small amount of cocaine is over-broad and violates his Charter rights.

After Marco Trasolini, 35, pleaded guilty to the offence, the Crown argued that the circumstances — the sale of the drugs on the edge of Squint Lake Park in Burnaby — triggered the mandatory minimum sentence.

The law tabled by the Conservative government calls for the mandatory minimum for dealing drugs in any public place frequented by persons under the age of 18.

But Lawrence Myers and Zachary Myers, lawyers for Trasolini, argued that the law was overly broad in relation to the objective of protecting children from the harms of drug dealing.

They argued that the law could apply to an offence anywhere in a city and infringes on an individual’s right to life, liberty or security of a person.

Read the full story here.

Another lovely decision from the Canadian judiciary. Imagine if American judges had the same mindset: the prison population would be a fraction of its actual size.

 

[neversickanymore]

Another lovely decision from the Canadian judiciary. Imagine if American judges had the same mindset:

Hits nail on head.. I was reading through the article and this EXACT thought was what was ringing in my head.. or rather it was why in the hell do Canadians have so much more "common" sense then Americans