Date of Award
12-14-2022
Document Type
Thesis
Degree Name
Master of Laws (LLM)
First Advisor
Benjamin L. Berger
Abstract
This work examines the Supreme Court of Canada’s statutory safety valve proposal in the case of R. v. Lloyd as a solution to the problems presented by mandatory minimum sentences. The thesis develops a safety valve matrix which allows various valves to be plotted along broad-narrow and high-low discretion matrices. Following a review of the development of exemptions in Canadian jurisprudence, the paper then takes a comparative approach of analysis to look at three similarly placed jurisdictions – Australia, the United States and the United Kingdom. By examining the statutory safety valves in use in these jurisdictions, this work concludes that a broad, high-discretion safety valve may be most effective in the Canadian context.
Recommended Citation
Sayed, Venus, "Safety Valves: A Band-Aid Solution to the Ills of Mandatory Minimums?" (2022). LLM Theses. 57.
https://digitalcommons.osgoode.yorku.ca/llm/57
Comments
Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.