Cedric Ookowt and Simeonie Itturiligaq challenged constitutionality of 4-year sentences for firearms offences
The Supreme Court docket of Canada gained’t hear the appeals of two Nunavut males who argued that obligatory four-year minimal sentences for his or her firearms convictions are unconstitutional.
Canada’s highest courtroom dominated Thursday that it’ll not hear an attraction of the Nunavut Court docket of Attraction’s resolution to uphold the four-year sentences.
By dismissing the appliance, a 2020 Nunavut Court docket of Attraction sentencing resolution and constitutional ruling stands.
Cedric Ookowt of Baker Lake and Simeonie Itturiligaq of Kimmirut every pleaded responsible to deliberately discharging a firearm into or at a spot, in separate incidents. These offences occurred in 2016 and 2018, respectively.
Trial judges handed every of the lads sentences of two years much less a day regardless of a regulation that required obligatory four-year sentences for firearms offences.
In each instances, the judges dominated that imposing the obligatory minimal would breach the offender’s rights below part 12 of the Constitution of Rights and Freedoms, which states that everybody has the correct to not be subjected to any merciless and strange remedy or punishment.
Judges in each instances thought-about the possibly damaging impression of sending younger, first-time Inuit offenders to serve sentences in federal prisons within the south. Sentences longer than two years have to be served in a federal penitentiary.
The Nunavut Court docket of Attraction disagreed with the decrease courtroom and altered the sentences to 4 years — in keeping with Prison Code provisions that required a compulsory four-year sentence for firearms offences.
In June 2020, a panel of Nunavut Court docket of Attraction justices dominated the four-year obligatory minimal was constitutional and overturned the earlier judges’ rulings.
Nonetheless, Ookowt and Itturiligaq weren’t ordered to serve extra time as a result of each males had already accomplished or had practically accomplished their unique sentences.
Later in 2020, Ookowt and Itturiligaq appealed the Nunavut appeals courtroom resolution to the Supreme Court docket of Canada.
Almost two and a half years later, on March 9, the Supreme Court docket issued its resolution to dismiss that go away to attraction.