Unconstitutional Sentences: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
In this episode, Kyla Lee from Acumen Law Corporation examines a case arising from the Supreme Court of Canada’s decision striking down consecutive periods of parole ineligibility for multiple murder convictions. Once those sentences were declared unconstitutional, individuals already serving them began seeking remedies. The legal question became not whether the sentences were unconstitutional, but how courts should efficiently correct them. Some courts required offenders to bring new constitutional applications and litigate the issue at the trial level, while others pointed to simpler processes that had previously been used when sentencing laws were found unconstitutional.
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