VANCOUVER — British Columbia's highest court has ruled that two federal laws from the previous Conservative government's tough-on-crime agenda amount to cruel and unusual punishment and are therefore unconstitutional.
The B.C. Appeal Court has struck down mandatory, two-year minimum sentences for drug trafficking convictions that involve someone under the age of 18 or that occur in a public place frequented by youth.
The unanimous decision from the panel says a mandatory-minimum sentence of two years in such instances may be at times "grossly disproportionate" to the crime committed, so breaches an accused charter rights.
The ruling is the latest in several cases where courts have overturned mandatory-minimum sentences that are largely the legacy of the former Conservative government.
A Supreme Court of Canada decision two weeks ago put an end to minimum sentences for specific drug crime convictions and limits on pre-trial credit in some conditions where bail is denied.
Prime Minister Justin Trudeau responded to the earlier ruling by saying his government was reviewing the laws around such sentences.
