ABORIGINAL PEOPLES AND MANDATORY SENTENCING

The author examines the impact of mandatory minimum sentencing on Aboriginal peoples in Canada. Emphasis is placed on the recently enacted mandatory minimum sentencing provisions for firearms offenses. The author argues that the enactment of such provisions are inconsistent with Parliament's objectives as reflected in section 718.2(e) of the Criminal Code which requires sentencing judges to pay "particular attention to the circumstances of aboriginal offenders. " In addition, the author explores preliminary arguments to support a finding that mandatory minimum sentences applied to Aboriginal offenders violate sections I2 and 15 of the Charter