Sentencing

Sentencing and ReleaseSentencing and Release

Law 120 - DentonLaw 120 - Denton

SentencingSentencing

Imposing a sentence is one of the most Imposing a sentence is one of the most difficult tasks faced by judges. Once a difficult tasks faced by judges. Once a sentence has been imposed, both the sentence has been imposed, both the accused and society may appeal to a accused and society may appeal to a higher court. higher court.

Eventually an offender may enter a Eventually an offender may enter a correctional facility which may be federal correctional facility which may be federal or provincial depending on the nature and or provincial depending on the nature and severity of the crime. Most offenders are severity of the crime. Most offenders are released back into society. released back into society.

SentencingSentencing

The system of conditional release allows The system of conditional release allows the offender to serve the remainder of the the offender to serve the remainder of the sentence in the community while under sentence in the community while under supervision. supervision.

Although the law provides for conditional Although the law provides for conditional release, not all inmates qualify for it, but release, not all inmates qualify for it, but those who do are usually successful in those who do are usually successful in completing their sentences in the completing their sentences in the community.community.

Process & Goals of Sentencing – Process & Goals of Sentencing – Societal ValuesSocietal Values

Sentencing reflects social values. Sentencing reflects social values. Some people believe Canadian prisons Some people believe Canadian prisons are too soft on inmates and provide too are too soft on inmates and provide too many privileges. Others believe that many privileges. Others believe that prisons have many problems; for prisons have many problems; for example, they are expensive to run and example, they are expensive to run and fail to reform certain criminals. Some fail to reform certain criminals. Some people believe that non-violent people believe that non-violent offenders should pay their debt to offenders should pay their debt to society in other ways.society in other ways.

Process & Goals of Sentencing – Process & Goals of Sentencing – Pre-Sentence ReportPre-Sentence Report

Sentencing may occur immediately after the Sentencing may occur immediately after the accused has been found guilty or many accused has been found guilty or many weeks later. A judge may order a probation weeks later. A judge may order a probation officer to prepare a officer to prepare a pre-sentence reportpre-sentence report, , which describes the offender’s situation. The which describes the offender’s situation. The report will include interviews with the report will include interviews with the offender and others who are familiar with the offender and others who are familiar with the person’s history and potential. The judge will person’s history and potential. The judge will consider the report when passing sentence. consider the report when passing sentence. Pre-sentence reports are usually not made Pre-sentence reports are usually not made for minor offences.for minor offences.

Process & Goals of Sentencing –Process & Goals of Sentencing –Crown/Defence Input Crown/Defence Input

The defence and the Crown have the right The defence and the Crown have the right to respond to sentencing and to call to respond to sentencing and to call witnesses to testify about the offender’s witnesses to testify about the offender’s background. background.

The Crown may raise any previous The Crown may raise any previous criminal record at this time. The convicted criminal record at this time. The convicted person may also make a statement. person may also make a statement.

If the Crown and the offender disagree on If the Crown and the offender disagree on the evidence at the time of sentencing, the evidence at the time of sentencing, the judge can listen to sworn evidence.the judge can listen to sworn evidence.

Imposing a Sentence – Judge Imposing a Sentence – Judge ConsiderationsConsiderations

When passing sentence, the judge When passing sentence, the judge must refer to the Criminal Code, must refer to the Criminal Code, which specifies the penalties which specifies the penalties available. available.

The judge must also consider that The judge must also consider that Canadians have the right not to be Canadians have the right not to be subjected to “cruel and unusual subjected to “cruel and unusual punishment” according to the punishment” according to the Charter of Rights and Freedoms.Charter of Rights and Freedoms.


Unlike judges in other countries, Canadian judges Unlike judges in other countries, Canadian judges have considerable freedom in imposing have considerable freedom in imposing sentences. sentences. For example, an offender found guilty of an indictable For example, an offender found guilty of an indictable

offence that carries a maximum penalty of 14 years can offence that carries a maximum penalty of 14 years can receive any term up to the maximum. receive any term up to the maximum.

To determine the correct penalty, judges often To determine the correct penalty, judges often refer to refer to precedents precedents – previous similar cases. If a – previous similar cases. If a certain offence usually results in a certain certain offence usually results in a certain sentence, the judge can take advantage of that sentence, the judge can take advantage of that pattern of sentencing. However, judges are not pattern of sentencing. However, judges are not required to follow sentences imposed in similar required to follow sentences imposed in similar cases.cases.


When sentencing, a judge may consider the time When sentencing, a judge may consider the time spent in custody awaiting trial and/or sentencing, spent in custody awaiting trial and/or sentencing, the circumstances of the convicted person, and the circumstances of the convicted person, and the potential for rehabilitation. the potential for rehabilitation.

The victim may also be considered. The judge The victim may also be considered. The judge may ask for a may ask for a victim impact statementvictim impact statement. This is . This is a statement made in court by the victim and a statement made in court by the victim and others affected by the offence. It describes the others affected by the offence. It describes the impact of the offence on their lives. impact of the offence on their lives.

Victim impact statements are especially Victim impact statements are especially significant for offences such as assault causing significant for offences such as assault causing bodily harm, sexual assault, and murder, which bodily harm, sexual assault, and murder, which may result in lasting psychological and financial may result in lasting psychological and financial damage to the victim or the victim’s family.damage to the victim or the victim’s family.


Finally, the judge must consider the will of Finally, the judge must consider the will of Parliament. Parliament. In recent years, Parliament has toughened laws In recent years, Parliament has toughened laws

against terrorism, harassment, sexual assault against terrorism, harassment, sexual assault and organized crime.and organized crime.

penalties have been increased or judges have penalties have been increased or judges have been given more leeway to prescribe an been given more leeway to prescribe an appropriate sentence. appropriate sentence.

also a desire for fewer offenders to be also a desire for fewer offenders to be imprisoned, so the imprisoned, so the conditional sentenceconditional sentence and and the label the label long-term offender long-term offender introduced but introduced but recently gov’t moving back to more recently gov’t moving back to more incarceration.incarceration.

Goals of SentencingGoals of Sentencing

Historically, there have been four Historically, there have been four main goals when punishing main goals when punishing offenders. They are:offenders. They are:

1.1. DeterrenceDeterrence

2.2. RehabilitationRehabilitation

3.3. RetributionRetribution

4.4. SegregationSegregation

DeterrenceDeterrence

specific deterrencespecific deterrence – deterring – deterring offender from committing further offender from committing further offencesoffences

general deterrencegeneral deterrence – deterring all – deterring all members of society from committing members of society from committing a similar crimea similar crime

RehabilitationRehabilitation

important goal of modern important goal of modern sentencing. sentencing.

Supervised offenders given Supervised offenders given assistance to reintegrate into society assistance to reintegrate into society and reduce and reduce recidivismrecidivism (return to (return to prison upon being convicted on new prison upon being convicted on new offences).offences).

RetributionRetribution

is not an objective of current is not an objective of current sentencing but a sentence is a form sentencing but a sentence is a form of retribution on an offenderof retribution on an offender

SegregationSegregation

to separate offenders from society. to separate offenders from society. In Canada, the incarceration rate is In Canada, the incarceration rate is one of the highest in the world and one of the highest in the world and the government had moved to the government had moved to reduce the number of imprisoned reduce the number of imprisoned offenders.offenders.

Proportionality of SentencingProportionality of Sentencing

The Criminal Code says that a The Criminal Code says that a sentence must be proportional to the sentence must be proportional to the harm committed. A judge can also harm committed. A judge can also increase or decrease a sentence increase or decrease a sentence under certain circumstances. under certain circumstances.

If there are If there are mitigating mitigating circumstancescircumstances (circumstances of (circumstances of the crime that reduce the the crime that reduce the responsibility of the offender), the responsibility of the offender), the penalty may be decreased. penalty may be decreased.


If there are If there are aggravated circumstancesaggravated circumstances (circumstances of the crime that increase the (circumstances of the crime that increase the responsibility of the offender), the penalty responsibility of the offender), the penalty may be increased. may be increased.

Parliament defines aggravating circumstances Parliament defines aggravating circumstances as an offender’s bias or hatred towards the as an offender’s bias or hatred towards the victim; evidence that the offender abused a victim; evidence that the offender abused a spouse or child, abused a position of trust or spouse or child, abused a position of trust or authority in relation to the victim, or authority in relation to the victim, or committed the crime in association with a committed the crime in association with a criminal organization.criminal organization.


According to the Criminal Code, judges are According to the Criminal Code, judges are also directed to:also directed to: give similar sentences for similar offenders give similar sentences for similar offenders

committing similar offences in similar committing similar offences in similar circumstances.circumstances.

not impose consecutive sentences that are unduly not impose consecutive sentences that are unduly long or harshlong or harsh

not deprive offenders of their liberty if less not deprive offenders of their liberty if less restrictive options are availablerestrictive options are available

consider all options other than imprisonment that consider all options other than imprisonment that are reasonable, especially for Aboriginal offendersare reasonable, especially for Aboriginal offenders

Sentencing – Imprisonment & Sentencing – Imprisonment & Diversion ProgramsDiversion Programs

For most people, the word “sentencing” For most people, the word “sentencing” means imprisonment. However, society’s means imprisonment. However, society’s views towards appropriate sentencing have views towards appropriate sentencing have been changing. Because of the high cost of been changing. Because of the high cost of maintaining the prison system, maintaining the prison system, diversion diversion programsprograms – sentences that keep offenders – sentences that keep offenders out of the prison system – are increasing. out of the prison system – are increasing.

Diversion programs are less costly than Diversion programs are less costly than prison; they prevent the accused from prison; they prevent the accused from socializing with other convicts; and they socializing with other convicts; and they allow the accused to repay society in a more allow the accused to repay society in a more meaningful way.meaningful way.

Absolute/Conditional DischargeAbsolute/Conditional Discharge If a sentence is less than 14 years and the crime carries no If a sentence is less than 14 years and the crime carries no

minimum sentence the offender may receive an minimum sentence the offender may receive an absolute absolute dischargedischarge or a or a conditional dischargeconditional discharge. .

In either case, no conviction is recorded against the In either case, no conviction is recorded against the offender. Generally, a discharge is granted when it is the offender. Generally, a discharge is granted when it is the offender’s first offence, or when the publicity attached to offender’s first offence, or when the publicity attached to the case is so negative it becomes a kind of penalty. A the case is so negative it becomes a kind of penalty. A discharge must be in the best interests of the accused and discharge must be in the best interests of the accused and that it must not be contrary to the public interest.that it must not be contrary to the public interest.

An absolute discharge is effective immediately with no An absolute discharge is effective immediately with no conditions attached. A conditional discharge means that conditions attached. A conditional discharge means that the accused can avoid a record of conviction provided he or the accused can avoid a record of conviction provided he or she follows certain conditions laid out by the judge in a she follows certain conditions laid out by the judge in a probation order at the time of sentencing.probation order at the time of sentencing.

Suspended Sentence/ProbationSuspended Sentence/Probation A judge may also give a suspended sentence after A judge may also give a suspended sentence after

considering the age and character of the accused considering the age and character of the accused and the nature of, and the circumstances and the nature of, and the circumstances surrounding, the offence. When the sentence is surrounding, the offence. When the sentence is suspended, it is delayed. If the offender meets suspended, it is delayed. If the offender meets certain conditions, it will never be served. certain conditions, it will never be served.

The offender still has a record of conviction and The offender still has a record of conviction and could be placed on probation for up to three years. could be placed on probation for up to three years. Probation orders can be used in addition to fines Probation orders can be used in addition to fines and in addition to sentences of less than two years. and in addition to sentences of less than two years. A suspended sentence cannot be given when there A suspended sentence cannot be given when there is a minimum sentence required by the Criminal is a minimum sentence required by the Criminal Code.Code.

Conditional SentenceConditional Sentence If a sentence is less than two years and the crime If a sentence is less than two years and the crime

carries no minimum sentence, the judge may carries no minimum sentence, the judge may impose a conditional sentence. The judge impose a conditional sentence. The judge sentences the offender to a term of less than two sentences the offender to a term of less than two years in a prison, but allows the offender to serve years in a prison, but allows the offender to serve the time in the community. the time in the community.

The judge must be satisfied that the offender will The judge must be satisfied that the offender will not endanger the safety of the community. A not endanger the safety of the community. A conditional order is issued, requiring the offender to conditional order is issued, requiring the offender to keep the peace, be of good behaviour, and appear keep the peace, be of good behaviour, and appear before the court when asked. There may be before the court when asked. There may be additional orders to abstain from drugs and alcohol additional orders to abstain from drugs and alcohol and not carry a weapon.and not carry a weapon.

Conditional SentenceConditional Sentence Allowing offenders to serve their sentence in the Allowing offenders to serve their sentence in the

community has been hotly debated in Canada. community has been hotly debated in Canada. Since most prison sentences are less than two Since most prison sentences are less than two years, and few offences provide a minimum years, and few offences provide a minimum sentence, most offenders are eligible for a sentence, most offenders are eligible for a conditional sentence. conditional sentence.

The result is that people who have committed some The result is that people who have committed some

serious crimes – sexual assault, assault with a weapon, serious crimes – sexual assault, assault with a weapon, theft, trafficking, and other violent offences – can serve theft, trafficking, and other violent offences – can serve their sentences in the community.their sentences in the community.

Conditional sentences are intended to be heavier Conditional sentences are intended to be heavier than suspended sentences. In reality, however, than suspended sentences. In reality, however, there is not much difference in their application by there is not much difference in their application by the courts.the courts.

Suspension of a PrivilegeSuspension of a Privilege Many offences call for the suspension of a Many offences call for the suspension of a

social privilege, such as a driver’s licence social privilege, such as a driver’s licence or licence to serve liquor in a restaurant. or licence to serve liquor in a restaurant. A person whose driver’s licence has been A person whose driver’s licence has been suspended will usually have to surrender it suspended will usually have to surrender it before leaving the courtroom. before leaving the courtroom.

In many jurisdictions, authorities can In many jurisdictions, authorities can refuse to issue or renew a licence if a fine refuse to issue or renew a licence if a fine has not been paid. This measure has been has not been paid. This measure has been introduced to reduce the large backlog of introduced to reduce the large backlog of unpaid fines and to encourage respect for unpaid fines and to encourage respect for the decisions of the court.the decisions of the court.

Peace BondPeace Bond A peace bond is a court order requiring a person to A peace bond is a court order requiring a person to

keep the peace and be of good behaviour for up to keep the peace and be of good behaviour for up to 12 months. A peace bond is often used in minor 12 months. A peace bond is often used in minor assault cases. assault cases.

Under the Criminal Code, someone who reasonably Under the Criminal Code, someone who reasonably believes that another person will injure him or her, believes that another person will injure him or her, harm family members, or damage property can harm family members, or damage property can apply to have that person enter a peace bond. apply to have that person enter a peace bond.

Once the accused has entered a peace bond, Once the accused has entered a peace bond, charges may be withdrawn, but other conditions are charges may be withdrawn, but other conditions are imposed. Usually the accused has to avoid the imposed. Usually the accused has to avoid the person who asked that the bond be imposed and person who asked that the bond be imposed and agree not to own any weapons.agree not to own any weapons.

Peace BondPeace Bond

Parliament has amended the Criminal Parliament has amended the Criminal Code so that certain parties may be Code so that certain parties may be required to enter into a peace bond on the required to enter into a peace bond on the complaint of a citizen. complaint of a citizen. For example, if a citizen swears that someone For example, if a citizen swears that someone

may commit a sexual offence against someone may commit a sexual offence against someone under the age of 14, the judge may order that under the age of 14, the judge may order that person to refrain from having contact with person to refrain from having contact with persons less than 14 years of age, or from persons less than 14 years of age, or from being at a public swimming area or public park being at a public swimming area or public park where persons under the age of 14 are present.where persons under the age of 14 are present.

Restitution/CompensationRestitution/Compensation

RestitutionRestitution, also called , also called compensationcompensation, is a relatively new , is a relatively new penalty that requires the offender to penalty that requires the offender to repay the victim. The purpose is to repay the victim. The purpose is to reduce the impact of the offence on reduce the impact of the offence on the victim and compensate the the victim and compensate the victim.victim.

A victim may ask for restitution at the time of A victim may ask for restitution at the time of sentencing. The courts must now consider sentencing. The courts must now consider restitution in all cases involving harm to property or restitution in all cases involving harm to property or expenses arising from bodily harm. expenses arising from bodily harm.

In granting restitution, the judge may also consider a In granting restitution, the judge may also consider a victim impact statement along with the offender’s victim impact statement along with the offender’s ability to provide restitution. If cash compensation is ability to provide restitution. If cash compensation is ordered, payments may be made over time. ordered, payments may be made over time. Restitution can take the form of work. Restitution can take the form of work.

The victim can still sue the offender to obtain The victim can still sue the offender to obtain anything to which he or she feels entitled. The anything to which he or she feels entitled. The penalty for ignoring a court order granting restitution penalty for ignoring a court order granting restitution is imprisonment.is imprisonment.

Some communities have programs that Some communities have programs that bring together the offender and victim bring together the offender and victim and let them work out the and let them work out the compensation. Supporters of this idea compensation. Supporters of this idea believe that it has a more positive believe that it has a more positive effect on the offender than would a effect on the offender than would a prison sentence. The meeting also lets prison sentence. The meeting also lets the victim communicate the impact of the victim communicate the impact of the crime directly to the offender.the crime directly to the offender.

Community Service OrdersCommunity Service Orders A judge may sentence an offender to work a certain A judge may sentence an offender to work a certain

number of hours for local organization or on a number of hours for local organization or on a government project. This is a government project. This is a community service community service orderorder. Three advantages to community service . Three advantages to community service orders: orders:

1.1. In requiring offenders to make a useful social contribution, In requiring offenders to make a useful social contribution, community service orders may enhance their self-worth. community service orders may enhance their self-worth.

2.2. In addition, community service allows the offender to associate In addition, community service allows the offender to associate with people in the community, instead of with criminals in with people in the community, instead of with criminals in institutions. institutions.

3.3. Finally, community service occupies much of the offender’s free Finally, community service occupies much of the offender’s free time.time.

Community service orders that will benefit the Community service orders that will benefit the community are frequently part of a sentence for high-community are frequently part of a sentence for high-profile individuals. For example, a recording artist profile individuals. For example, a recording artist may be sentence to perform a concert for a specific may be sentence to perform a concert for a specific charity.charity.

DeportationDeportation

Anyone who is not a Canadian citizen and Anyone who is not a Canadian citizen and who commits a serious offence within who commits a serious offence within Canada can be Canada can be deporteddeported to his or her to his or her country of origin or to any other country. country of origin or to any other country. Usually, the federal government applies to Usually, the federal government applies to the courts for such a deportation order. the courts for such a deportation order.

Under the Under the Extradition ActExtradition Act, Canadian , Canadian residents who commit serious offences in residents who commit serious offences in other countries can be returned to those other countries can be returned to those countries to stand trial or receive countries to stand trial or receive punishment.punishment.

FinesFines For summary offences committed by individuals, For summary offences committed by individuals,

the Criminal Code generally sets the maximum the Criminal Code generally sets the maximum fine at $2000. Under other statutes, the fine at $2000. Under other statutes, the maximum can be higher.maximum can be higher.

To show society’s concern about violent offences, To show society’s concern about violent offences, the penalty for assault when the Crown proceeds the penalty for assault when the Crown proceeds summarily is $5000. summarily is $5000.

For corporations, the maximum fine for summary For corporations, the maximum fine for summary offences is $25,000. offences is $25,000.

No maximum fine provided for indictable No maximum fine provided for indictable

offences. offences.

FinesFines If the penalty for an offence is five years or less, If the penalty for an offence is five years or less,

the offender may pay a fine instead of going to the offender may pay a fine instead of going to prison. Where the maximum penalty is more prison. Where the maximum penalty is more than five years, a fine may be imposed but only in than five years, a fine may be imposed but only in addition to imprisonment. The judge establishes addition to imprisonment. The judge establishes the amount of the fine.the amount of the fine.

An offender may ask to have at least 14 days to An offender may ask to have at least 14 days to pay the fine. A fine option program is also pay the fine. A fine option program is also available for both provincial and federal offences. available for both provincial and federal offences. Instead of paying a fine, an offender can earn Instead of paying a fine, an offender can earn credits for doing work similar to community credits for doing work similar to community service. The fine option is not available in all service. The fine option is not available in all provinces, such as Ontario.provinces, such as Ontario.

ImprisonmentImprisonment Canadians can go to prison for up to six months for Canadians can go to prison for up to six months for

most summary conviction offences. Some offences, most summary conviction offences. Some offences, such as uttering threats, assault with a weapon, such as uttering threats, assault with a weapon, sexual assault, and failure to comply with a probation sexual assault, and failure to comply with a probation order carry a penalty of up to 18 months. order carry a penalty of up to 18 months.

The maximum imprisonment for indictable offences The maximum imprisonment for indictable offences can be two years to life imprisonment, depending on can be two years to life imprisonment, depending on the seriousness of the crime. For offences such as the seriousness of the crime. For offences such as driving while impaired and failure to give a breath driving while impaired and failure to give a breath sample, there is a minimum penalty. The offender sample, there is a minimum penalty. The offender may pay a fine instead of serving a sentence of less may pay a fine instead of serving a sentence of less than five years; this option is not available if the than five years; this option is not available if the sentence is over five years. Also, fine cannot be sentence is over five years. Also, fine cannot be substituted if the stated penalty defines a minimum substituted if the stated penalty defines a minimum jail term. jail term.

ImprisonmentImprisonment A judge decides if the amount of time an offender A judge decides if the amount of time an offender

has been kept in custody before trial will count has been kept in custody before trial will count towards a sentence. The standard rule is that pre-towards a sentence. The standard rule is that pre-trial custody is equal to twice the time when trial custody is equal to twice the time when considering the penalty.considering the penalty.

i.e. person who has been in custody three months awaiting i.e. person who has been in custody three months awaiting trial will have “served” six months of the sentence imposed. trial will have “served” six months of the sentence imposed.

The reason for doubling the time is that there is no The reason for doubling the time is that there is no parole taken from the time, and there are usually no parole taken from the time, and there are usually no rehabilitation or recreational facilities available. It is rehabilitation or recreational facilities available. It is considered to be dead time.considered to be dead time.

The current government is working on legislation to The current government is working on legislation to remove the doubling time option from the legal remove the doubling time option from the legal system.system.

ImprisonmentImprisonment If a prison sentence is 30 days or less, If a prison sentence is 30 days or less,

the offender is usually kept at the the offender is usually kept at the local detention centre. local detention centre.

If the sentence is more than 30 days If the sentence is more than 30 days but less than two years, the offender but less than two years, the offender is placed in a provincial prison or is placed in a provincial prison or reformatory. reformatory.

If the sentence is two years or more, If the sentence is two years or more, the offender is sent to a federal the offender is sent to a federal institution (penitentiary).institution (penitentiary).

People convicted of two or more offences may People convicted of two or more offences may serve the sentence either concurrently or serve the sentence either concurrently or consecutively, at the judge’s discretion. consecutively, at the judge’s discretion.

Offenders receive a Offenders receive a concurrentconcurrent sentence when sentence when they are convicted of two or more crimes and they are convicted of two or more crimes and serve both penalties at the same time. serve both penalties at the same time. Concurrent sentencing is used when the offences Concurrent sentencing is used when the offences are similar or were committed at the same time. are similar or were committed at the same time.

Offenders receive a Offenders receive a consecutive sentenceconsecutive sentence when they are convicted of two or more crimes, when they are convicted of two or more crimes, and they serve the penalties on after the other.and they serve the penalties on after the other.

Because Parliament wants to curb the activities of Because Parliament wants to curb the activities of criminal organizations, it has amended the Criminal criminal organizations, it has amended the Criminal Code to let judges impose a sentence of up to 14 years Code to let judges impose a sentence of up to 14 years on offenders taking part in organized crime. This on offenders taking part in organized crime. This sentence is always served consecutively (14 years in sentence is always served consecutively (14 years in addition to any other sentence imposed). A sentence addition to any other sentence imposed). A sentence for an offence related to a terrorist activity must be for an offence related to a terrorist activity must be served consecutively to any other sentence given.served consecutively to any other sentence given.

At the discretion of the judge, an offender may receive At the discretion of the judge, an offender may receive an an intermittent sentenceintermittent sentence, serving it on weekends or , serving it on weekends or even at night while maintaining a job. An intermittent even at night while maintaining a job. An intermittent sentence can be imposed only if the original sentence sentence can be imposed only if the original sentence is less than 90 days. The court would also issue a is less than 90 days. The court would also issue a probation order, outlining the conditions for the probation order, outlining the conditions for the offender when not in prison.offender when not in prison.

Principle of TotalityPrinciple of Totality The The principle of totalityprinciple of totality guides guides

sentencing. This means that someone who sentencing. This means that someone who is convicted of several violations of the is convicted of several violations of the same offence usually does not receive an same offence usually does not receive an overlong prison term. overlong prison term.

For example, for someone found guilty of 24 For example, for someone found guilty of 24 charges of passing forged cheques, a year’s charges of passing forged cheques, a year’s sentence for each violation would be severe. sentence for each violation would be severe. A more reasonable total penalty would be A more reasonable total penalty would be two years. However, the penalties should two years. However, the penalties should not be so lenient that people are not be so lenient that people are encouraged to commit multiple crimes.encouraged to commit multiple crimes.

Dangerous/Long-Term OffendersDangerous/Long-Term Offenders

Someone who commits a serious personal Someone who commits a serious personal injury offence may be declared a dangerous injury offence may be declared a dangerous offender or a long-term offender. These offender or a long-term offender. These offenders have little hope of being offenders have little hope of being rehabilitated, or they pose a threat to society. rehabilitated, or they pose a threat to society.

A serious personal injury offence is an A serious personal injury offence is an indictable offence (other than treason or indictable offence (other than treason or first/second degree murder) involving violence first/second degree murder) involving violence or attempted violence, or conduct that or attempted violence, or conduct that endangers the life, safety, or psychological endangers the life, safety, or psychological makeup of the victim. It also includes sexual makeup of the victim. It also includes sexual assault.assault.

For someone to be declared a dangerous For someone to be declared a dangerous offender, one of the following conditions offender, one of the following conditions must exist. The offender:must exist. The offender:

has a pattern of aggressive behaviour that is has a pattern of aggressive behaviour that is unlikely to changeunlikely to change

is indifferent to the consequences of his/her is indifferent to the consequences of his/her behaviourbehaviour

committed such a brutal offence that future committed such a brutal offence that future behaviour is likely to be abnormalbehaviour is likely to be abnormal

had sexual impulses that will likely cause injury had sexual impulses that will likely cause injury or pain to othersor pain to others

The declaration is made at a hearing The declaration is made at a hearing following a psychiatric assessment of the following a psychiatric assessment of the offender. Prospects for treatment or a offender. Prospects for treatment or a cure are irrelevant. The offender is not cure are irrelevant. The offender is not sentenced on the original offence but sentenced on the original offence but receives an receives an indeterminate sentenceindeterminate sentence. .

In other words, the offender stays in an In other words, the offender stays in an institution until it can be shown that he or institution until it can be shown that he or she is able to return to society and display she is able to return to society and display normal behaviour. The National Parole normal behaviour. The National Parole Board reviews the situation of dangerous Board reviews the situation of dangerous offenders regularly. offenders regularly.

To protect society from sexual offenders, a new To protect society from sexual offenders, a new sentencing category – sentencing category – long-term offenderlong-term offender – was – was added to the Criminal Code in 1997. Sometimes, added to the Criminal Code in 1997. Sometimes, the Crown cannot prove the offender is the Crown cannot prove the offender is dangerous. dangerous.

A long-term offender is someone whoA long-term offender is someone who repeatedly displays behaviour that could cause death, repeatedly displays behaviour that could cause death,

injury, or psychological harminjury, or psychological harm would likely re-offend following a sexual offencewould likely re-offend following a sexual offence

The offender is sentenced for the original offence The offender is sentenced for the original offence and receives an additional sentence of up to 10 and receives an additional sentence of up to 10 years of community supervision.years of community supervision.

Capital PunishmentCapital Punishment The issue of The issue of capital punishmentcapital punishment (the death (the death

penalty) has been debated in Parliament and in penalty) has been debated in Parliament and in the media. In 1962, the law on capital punishment the media. In 1962, the law on capital punishment was amended to distinguish between two was amended to distinguish between two categories of murder: capital and non-capital. categories of murder: capital and non-capital.

Capital murder (murder requiring the death Capital murder (murder requiring the death penalty) included planned and deliberate murder, penalty) included planned and deliberate murder, murder committed during a violent crime, murder murder committed during a violent crime, murder committed under contract, and the murder of a committed under contract, and the murder of a police officer or prison guard while on duty. All police officer or prison guard while on duty. All other types of murder were non-capital other types of murder were non-capital (punishable by life imprisonment).(punishable by life imprisonment).

Capital PunishmentCapital Punishment Before 1962, a person convicted of a capital murder Before 1962, a person convicted of a capital murder

sentenced to death by hanging, but the sentence sentenced to death by hanging, but the sentence could be could be commutedcommuted (changed to a lesser penalty) to (changed to a lesser penalty) to life imprisonment by the Federal Cabinet. life imprisonment by the Federal Cabinet.

After 1962, all death sentences commuted to life After 1962, all death sentences commuted to life imprisonment by federal gov’t. Capital punishment imprisonment by federal gov’t. Capital punishment was debated in Parliament. was debated in Parliament.

In 1967, capital punishment was suspended for 5 In 1967, capital punishment was suspended for 5 years.years.

In 1976, by a six-vote margin, Parliament abolished In 1976, by a six-vote margin, Parliament abolished the capital punishment laws. the capital punishment laws.

The issue was debated again in 1984, and capital The issue was debated again in 1984, and capital punishment was not returned.punishment was not returned.

Sentencing

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