Exemptions from Mandatory Minimum Penalties: Recent Developments in Selected Countries

"In 2012, a report was prepared for the Uniform Law Conference of Canada Working Group studying the question on Exemptions from Mandatory Minimum Penalties (Dandurand, 2012). The report examined the application of mandatory minimum penalties and reviewed the experience of several jurisdictions where exceptions to, or other forms of relief from, the application of such mandatory minimum penalties had been provided by law. Most specifically, the report presented a brief comparative analysis of legal provisions permitting a court in appropriate circumstances to provide relief from the imposition of certain mandatory minimum penalties where the imposition of such custodial sentences would result in an unjust sentence. The following year, the Uniform Law Conference of Canada (Criminal Section) published its own report on the issue (Uniform Law Conference of Canada, 2013). The present report updates the 2012 study, highlights the application of mandatory minimum penalties and reviews the experience of selected juri