Supreme Court hearing Thursday pits Ottawa against judges on sentencing law – The Globe and Mail

http://www.theglobeandmail.com/news/politics/supreme-court-hearing-thursday-pits-ottawa-against-judges-on-sentencing-law/article16457655/

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What is at stake (judges’ perspective):

Judicial discretion. “This is one instance of a larger pattern of the current government seeking to take the traditionally discretion-rich role of judges in the crucial process of sentencing and to transform sentencing into a world of minimums, bright lines and other in-advance judgments about what just punishment looks like,” says Ben Berger, who teaches at York University’s Osgoode Hall Law School.

What is at stake (government perspective):

Public confidence in the criminal justice system, Justice Minister Peter MacKay says. That confidence is eroded by too-generous credit for time served. And it is further eroded by judges who do not respect Parliament’s intent in passing the law. “They are sowing disregard for the letter of the law, a disregard that is fatal to the regard upon which they depend to do their job and be taken seriously,” Toronto lawyer Gary .”….

Truth in Sentencing DOES NOT EQUATE to the RIGHT SENTENCE !

Letter of the Law is only 1 ALPHABET.  A JUDGE’S INTENT IS TO USE WHAT’S BETWEEN 2 EARS TO MAKE A RIGHT JUDGEMENT CALL ON WHAT IS APPROPRIATE CONSIDERING ALL THE FACTS PRESENTED.

IT IS IN NO WAY DISRESPECTFUL OF THE 1 ALPHABET INTENT OF PARLIAMENT SINCE THIS IS A NEW RECENT DECISION AND HAS NO LEGS TO STAND ON OTHER THAN WHAT POLITICIANS WANT REGARDLESS OF THE JUSTICE SYSTEM.

A JUDGE IN MY OPINION HAS FULL DISCRETIONARY USE OF THEIR FACULTIES OF CONSCIENCE IN ALL CASES, NOT PARLIAMENT !

Really at the end of the day, if politicians are looking to spiff up their images with Canadians, I’m willing to do my part in assisting with requests for Home sourcing funds in attic mirrors just begging to be put to useful work. Of course you’ll need to dust them off and put some elbow grease on the spit and polish to the reflection.

Enjoy the view, I’m positive Canadians will appreciate their tax dollars being put to good use finally 🙂

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