Tougher Sentencing Law Likely to Face Charter Challenge, Says Law Prof

Paul Daly répond aux questions de Matthew Little relativement à l’application stricte des peines de prison à vie

«But University of Montreal law professor Paul Daly said that route would not satisfy section seven of the Charter of Rights and Freedoms, which states that people cannot be deprived of their liberty «except in accordance with the principles of fundamental justice.»

«The principles of fundamental justice include a decision by an independent and impartial tribunal. The minister is political, and arguably you need the parole board and some independent body to make a decision about parole,” said Daly.

Daly said the issue has not been definitively decided by the courts, but he expects there would be litigation based on the argument.

«It’s pretty likely,» he said. «It would be much better if they had a review mechanism in there, either a review by the federal court or by an independent tribunal, like the parole board.» »


Ce contenu a été mis à jour le 11 mars 2015 à 9 h 28 min.