Rejecting the ‘death penalty’ for people convicted of murder

Canadian Supreme Court justice John Dickson has thrown out a claim by the Ontario Ministry of Justice that life sentences for murder convictions are unconstitutional.

Justice Dickson said he will not overturn the law that has been in place since 1980 and will instead reverse the decision by the former Ontario Attorney General.

“We are not saying it is a matter of law,” Justice Dickson wrote in a unanimous decision released Tuesday.

“We are saying that the law is not constitutional.

This is not an act of God.”

Justice Denton said the new law does not “effectively protect against the imposition of death” but he did not rule out imposing the death penalty.

The Ontario Court of Appeal has ruled in favour of the Ontario Attorney’s Office in a separate case.

Justice Denton rejected the OAG’s appeal on procedural grounds.

“In my judgment, the OMA’s claim that the death sentence for murder is unconstitutional is without merit and the appeal should be dismissed,” he wrote.

Justice Dinson also rejected the Ontario Court’s claim the law should not be overturned because it was unconstitutional at the time it was enacted.

The decision comes after the OPM announced it will be taking another look at the law.

In an interim report, the agency said there was “significant evidence” that the OPA’s policy of allowing capital punishment for murder has contributed to a “substantial decline” in the number of capital cases.

In his decision, Justice Dison said he had been “convinced” by a range of evidence from across the legal and moral spectrum that the legislation is in line with Canadian values and has been “significantly successful in reducing the number and severity of violent offences.”

“It has made a positive contribution to reducing crime,” he said.

“This law is consistent with Canadian moral values and should not, therefore, be overturned.”


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