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The government has also elevated more Liberal-appointed Ontario Superior Court judges to the appeal court than it has bumped up Conservative-appointed ones. Harper has appointed seven of the nine Supreme Court judges, yet that court almost routinely has thumbed its nose at his government’s tough-on-crime laws. In other words, how sharper than a serpent’s tooth is an ungrateful Harper judicial appointee.Īnd this was hardly the first time that Harper-named judges have been seen to stick it to the PM and government which appointed them, just a particularly delicious illustration of it. Safarzadeh-Markhali, who were denied bail on account of their records and then denied the enhanced credit, serving up to an extra year in jail.Īs Chief Judge Strathy allowed, the legislative purpose of the new law might be appropriate and might even be achievable in a fair manner, but, “Unfortunately, however, like many attempts to replace the scalpel of discretion with a broadsword, its application misses the mark and results in unfairness, discrimination and ultimately unjust sentences.” The appeal court agreed, and, with Chief Judge Strathy writing, said the new law meant that three accused people, charged with the same offence and with the same criminal records, could end up serving very different sentences - with the fellows like Mr. He was duly given it – 31 months – which meant that he had a sentence of 41 more months to go. Safarzadeh-Markhali, he should get the enhanced credit anyway. So, though the judge found that a sentence of six years would be appropriate for Mr. Safarzadeh-Markhali, who had a long sheet including convictions for uttering threats, assault, aggravated assault, possession of a restricted firearm and was under a lifetime firearms prohibition. That’s because the government’s idea, in part, was to increase the sentences of repeat offenders, fellows just like Mr.
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Onto the sentencing: The Harper government had passed the controversial Truth in Sentencing Act, which did away with the practice of awarding 2:1, or more, credit for time served in pre-trial custody, set a new maximum of 1.5:1, but also changed the criminal code to stipulate that if an accused was denied bail primarily because of a previous conviction, he wasn’t eligible even for the reduced credit.
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Safarzadeh-Markhali claimed he’d been illegally searched and was the victim of racial profiling, but the court agreed with the trial judge that he had not. The three-member appeal court panel disposed of the conviction business quickly: Mr. This advertisement has not loaded yet, but your article continues below.