Mandatory Minimums Challenge Heard by B.C. Court of Appeal
The BC Court of Appeal began hearing the case of Joseph Lloyd, a Downtown Eastside resident who successfully challenged the federal law on mandatory minimum sentences for drug offences. Mr. Lloyd was convicted of possession for the purpose of trafficking which carries a new 1-year mandatory minimum jail term since March 2012, when the Safe Streets and Communities Act alternately known as Bill C-10 and the “Omnibus Crime Bill” amended section 5 of the Controlled Drugs and Substances Act (CDSA).
In January of this year Provincial Court Judge Galati heard Mr. Lloyd's case, and found the mandatory minimum sentence for drug trafficking could lead to cruel and unusual punishment, declaring it to be of no force and effect. The Federal Crown appealed the sentence, and Pivot and the BCCLA were granted leave to intervene in April.
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