A mandatory minimum sentence is a sentence prescribed by the Criminal Code that a judge must impose upon conviction — the judge has no discretion to go below it. Mandatory minimums exist for a number of offences, including impaired driving, certain firearms offences, sexual offences involving children, and murder.
For a first impaired driving offence, the mandatory minimum is a $1,000 fine and a one-year driving prohibition. For a second offence, it is 30 days imprisonment. For a third or subsequent offence, it is 120 days imprisonment. For sexual interference involving a child under 16, the mandatory minimum is one year imprisonment if prosecuted by indictment. For first-degree murder, the mandatory minimum is life imprisonment with no parole eligibility for 25 years.
Mandatory minimums have been the subject of significant constitutional challenge in Canada. The Supreme Court of Canada has struck down several mandatory minimum provisions under section 12 of the Charter (cruel and unusual punishment) where the sentence was grossly disproportionate to the offence. Defence lawyers consider constitutional challenges to mandatory minimums as part of a comprehensive defence strategy.