Faisal Mirza is an experienced criminal appeal lawyer.
Recently, Faisal Mirza, as one of the counsel for the ACLC, was part of the legal team that successfully challenged the constitutionality of the 3 year mandatory minimum jail sentence pursuant to section 95(2) of the Criminal Code.
On November 12, 2013 the Ontario Court of Appeal released landmark decisions that restored discretion to trial judge’s to determine a fit sentence. In particular, the five member panel of the Ontario Court of Appeal held that section 95(2) was contrary to section 12 of the Canadian Charter of Rights protection against cruel and unusual punishment.
Prior to this important ruling judge’s were forced by law to impose a minimum 3 year jail term on persons found guilty where the Crown proceeds by indictment.
Judge’s will now be better situated to sentence the individual based on the circumstances of the offence and the background of the accused. They will no longer be obliged in virtually every case to impose a jail sentence of three years.
To read the case see below:
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http://www.ontariocourts.ca/decisions/2013/2013ONCA0677.htm
For media coverage see
http://www.thestar.com/news/crime/2013/11/12/ontario_appeal_court_to_rule_whether_stiffer_gun_sentences_are_constitutional.html