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Mandatory Minimum Prison Sentences for Gun Crimes

In early May, Minister of Justice and Attorney General of Canada Vic Toews, Q.C., introduced legislation to toughen sentencing for crimes involving firearms by enhancing the mandatory minimum penalty provisions of the Criminal Code. These amendments, along with proposed restrictions on conditional sentences, are the first steps in a series of actions being taken by the Government to tackle crime, as promised in the Speech from the Throne.

Under the proposed legislation, the use of a firearm in committing a serious offence will be subject to a significant sentence. If, for example, an offence is gang-related, or if a restricted or prohibited firearm such as a handgun is used, the minimum penalty will be:

5 years on a first offence
7 years if the accused has one prior conviction involving the use of a firearm to commit an offence
10 years if the accused has more than one prior conviction for using a firearm to commit an offenc

Other firearm-related offences, such as firearms trafficking and smuggling, or the new offence of robbery where a firearm is stolen, will also be subject to higher escalating minimum penalties:

3 years on a first offence
5 years if the accused has a serious prior firearm-related conviction

An online version of the legislation is available at www.parl.gc.ca.