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Surrey judge rules gun sentence minimums unconstitutional

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A Surrey provincial court judge has ruled that the federal government’s mandatory minimum sentence in illegal gun possession cases is unconstitutional.

Judge James Bahen said Thursday that the three year minimum term enacted in 2008 for possession of a loaded, prohibited firearm violates both section 12 and section seven of the Canadian Charter of Rights and Freedoms.

But Bahen said he still needs to hear from Crown about whether those Charter breaches should impact the ...


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