Regarding Canada’s Proposed Mandatory Minimum Sentences

National Association of Criminal Defense Lawyers urges the Government of Canada to abandon Bill S-10 and to reject mandatory minimum sentences; and

THEREFORE BE IT FURTHER RESOLVED that the National Association for Criminal Defense Lawyers urges the Government of Canada to reallocate the money intended for S-10 to fund drug treatment and harm reduction programs, alternatives to incarceration, employment opportunities, and human services.

WHEREAS Bill S-10, the Penalties for Organized Drug Crime Act, which was introduced in Canada’s Senate on May 5, 2010, seeks to amend existing Canadian law to provide for mandatory minimum sentences for drug offenses;

WHEREAS NACDL’s broad international membership includes 75 Canadian lawyers and six Canadian affiliate organizations.

WHEREAS NACDL and its affiliate members have long opposed mandatory minimum sentences, which deprive judges of the ability to fashion sentences that suit the particular offense and offender;

WHEREAS mandatory minimum sentences in the United States have (1) produced unduly harsh and disproportionate sentences that disregard the individual‘s circumstances, level of involvement and culpability; (2) transferred discretion from judges to prosecutors, resulting in diminished transparency and unchecked disparities; (3) inhibited defendants from exercising their Sixth Amendment right to a trial; and (4) greatly exacerbated racial disparities in the criminal justice system;

WHEREAS unnecessarily severe sentences waste public resources and disrupt families, creating societal costs that threaten the futures of innocent children and vulnerable communities;

WHEREAS jurisdictions which formerly adopted mandatory minimum sentences, including Michigan and New York, have recognized both the ineffectiveness and costliness of mandatory minimums, and have since repealed or limited the applicability of such sentences;

WHEREAS evidence, including Justice Canada’s review, indicates that mandatory minimum sentences do not reduce drug addiction or the problems associated with drug use, thus having scant impact on the reduction of drug use and crime;

WHEREAS the proposed Bill S-10 offers little help to serious drug addicts, instead proposing seriously flawed drug treatment programs that stress abstinence and disregard the practically inevitable relapse of a recovering addict;

THEREFORE BE IT RESOLVED that the National Association of Criminal Defense Lawyers urges the Government of Canada to abandon Bill S-10 and to reject mandatory minimum sentences; and

THEREFORE BE IT FURTHER RESOLVED that the National Association for Criminal Defense Lawyers urges the Government of Canada to reallocate the money intended for S-10 to fund drug treatment and harm reduction programs, alternatives to incarceration, employment opportunities, and human services.

Toronto, Ontario

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products