Michael Dockrill opposed to minimum 4 year sentence in son's death
Conservatives implemented mandatory minimum sentences for gun offences in 2008
A Nova Scotia man waiting for sentencing in the shooting death of his son is challenging the constitutionality of mandatory minimum sentences for gun crimes.
Michael Paul Dockrill has been convicted of criminal negligence causing death for shooting his son Jason in June 2011.
The Dockrills were trying to fend off a home invasion at their house in Lakeside when Michael opened fire. He said he thought he was shooting at an intruder. He shot and killed his son instead.
Dockrill was convicted at a jury trial in April. He was supposed to be sentenced on Wednesday.
Instead, his lawyer asked that the matter be put over until Oct. 22 to enable him to make the constitutional arguments.
Brian Church said he's relying on a Supreme Court of Canada ruling from last spring, which struck down mandatory minimums in one case.
That case involved a Toronto man, Hussein Nur, who pleaded guilty to possession of a loaded firearm. The Supreme Court upheld lower court rulings that said the details of Nur's case did not justify the mandatory minimum.
The Nova Scotia Crown is opposed to Dockrill's constitutional argument.
Crown prosecutor Rick Woodburn said there is a big difference between the Ontario case and Dockrill's. Woodburn said Dockrill intended to shoot someone when he picked up that rifle four years ago, just not his son.
The federal Conservative government implemented mandatory minimum sentences for gun offences in 2008. It was included in an omnibus bill.
Church said Dockrill deserves a much lower sentence than four years. Church says his client is a "nice man" who's already suffering terribly from the loss of his son.