Is it unwise for a Canadian court to put United States sentencing policy on trial?
Ontario, Canada
The following excerpt is from United States of America v. Lake, 2006 CanLII 29924 (ON CA):
Moreover, save in exceptional circumstances, of which this is not one, I think it unwise for a Canadian court to, in effect, put United States sentencing policy on trial. Compare United States of America v. Burns, supra. It is not for this court to pronounce on the wisdom of that policy. Ordinarily deference to ministerial decisions, grounded in considerations of comity, weighs against judicial intervention. And that is especially so because American courts, like our own, have fair procedural safeguards in their sentencing proceedings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a clause in a policy that states that an insurer may deny coverage, such as s. 1.4 of the policy, be interpreted as "may" preclude coverage? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
In what circumstances will a court refuse to allow a mother of two to move with her children to the United States? (Ontario, Canada)
Does time spent in jail as a result of a conviction and sentencing in the United States include time served in jail in Canada? (Ontario, Canada)
What is the current state of the law in the United States? (Ontario, Canada)
What is the current state of the law in the United States when it comes to declaratory litigation? (Ontario, Canada)
In what circumstances will the court return a child from South Africa to the United States? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
What is the current state of the law on pit bull legislation in the United States? (Ontario, Canada)
What is the current state of the law in the United States and Canada on the doctrine of joint prosecution? (Ontario, Canada)
