VANCOUVER (NEWS1130) – Part of the federal government’s mandatory minimum sentences for drug crimes has been tossed out by a provincial court judge.

A drug dealer has been given a lighter sentence than the one mandated by the Harper government.

Earlier this year, Judge Joseph Galati had ruled the minimum sentence violated the Charter of Rights and Freedoms. Now, he’s also declared it to be of no force and effect.

Defence lawyer David Fai accuses the feds of bringing in the law for purely political reasons.

“They get to say they are tough on crime and they are making you safer. But in reality, the crime rate is dropping. Canada is a pretty safe place already,” says Fai.

Defence lawyer David Fai

In this case, Joseph Ryan Lloyd had been convicted of possession for the purpose of trafficking. He had been convicted of the same crime within the last 10 years, which means, under the law, he should have received at least a year in custody.

But the judge instead gave him 191 days, after finding that Lloyd was a low-level dealer who was trafficking to support his own addiction.

Fai says minimum sentences can end up hurting more people than they help.

“In this neighbourhood (Downtown Eastside) where we are, and I don’t know what the percentages are, but there’s a lot of people here who have prior convictions in the last 10 years that are addicts, that are sharing with their friends or selling small amounts to support their addiction. They would all be sent to jail for a minimum of one year under this legislation.”

An appeal is expected.