Sentencing in Canada

Process and Objectives of Sentencing

0 Sentencing reflects social values

0 Sentencing usually requires a pre sentence report about the offender’s ‘situation’

0 The judge will consider the report when making their judgement

0 The Criminal Code is very important for sentencing and must be referred to as it outlines the max and min punishments

0 Section 12 of the CRF

Imposing a Sentence

0 Judges in Canada have a lot of leeway- they can impose sentences up to the maximums listed

0 Precedent cases, time spent in custody, pre-sentence reporting, potential for rehabilitation and the victim impact statements

0 Community options are now available and different criminal designations come with sentencing:

- Long Term Offender (LTO)- repeat criminals, likely to reoffend- Dangerous Offender- see next slide

Imposing a SentenceFor a Dangerous Offender Designation one of the following

conditions must be met:

1. Has a pattern of aggressive behavior that is unlikely to change

2. Is indifferent to the consequences of his or her behavior

3. Committed such a brutal offence that future behavior is likely to be abnormal

4. Has sexual impulses that will likely cause injury or pain to others

5. Little to no chance of rehabilitation

Purposes

01995 the Criminal Code was amended to provide guidance for judges

0Appropriate sentencing promotes a respect for the law- maintains a just, peaceful and safe society

0All sentences have at least one of the following principles/purposes in mind and many have multiple.

Purposes

0 PROTECTION OF THE PUBLIC0 including person, property and individual rights and freedoms reaction

to public’s fears

0 RETRIBUTION0 punishment to avenge a crime, ensuring that offenders suffer the

consequences of their actions (“an eye for an eye”)

0 DETERRENCE0 Specific - punishment to discourage criminals from re-offending0 General - punishment to discourage people in general from offending

0 Page 293 R. v. Kobelka

Purposes0 REHABILITATION0 punishment combined with treatment and training to help offenders function in

society. e.g. anger management; drug and alcohol programs; life skills (how to open a bank account, how to write a résumé)

0 statistics indicate that recidivism (the tendency of a criminal to re-offend) is reduced by 50% when they participate in rehabilitation programs

0 RESTITUTION0 punishment that requires the offender to pay society back for the harm or loss

suffered. e.g. community service; payment to victim for damages (but not pain and suffering)

0 DENUNCIATION0 punishment designed to show condemnation of the offender’s conduct

Considerations in Sentencing

0 Mitigating Circumstances- details that may lessen the severity of the punishment

0 Aggravating Circumstances- details that may increase the severity of the punishment

0 Section 718 (2) of the CC:- Give similar sentences for similar offenders committing similar offences- Not impose consecutive sentences that are long or harsh- Not deprive liberty if less restrictive options are available- Consider alternatives to incarceration

- R. v. Gladue page 297

Homework

0Read over pages 298-309 in your Textbook and record details regarding all of the types of sentences we have in Canada (see chart handout)