Principles of Sentencing in Canada

This set of flashcards covers key principles of sentencing in Canada, including legal definitions, purposes of sentencing, characteristics of different types of sentences, and issues surrounding disparitie.

What is the fundamental principle of sentencing in Canada?

Sentence must be proportionate to offence severity and responsibility of the offender.

What does Section 718.1 of the Criminal Code of Canada emphasize in sentencing?

Consider aggravating and mitigating factors.

What is a key goal regarding consistency in sentencing?

Impose similar sentences for similar offences committed under similar circumstances.

What should combined sentences in Canada not be?

Excessively long or harsh.

When should imprisonment be considered in sentencing?

As a last resort.

What specific group should receive particular attention in sentencing considerations?

Indigenous offenders.

What is one purpose of sentencing regarding unlawful conduct?

To denounce and punish the offender to demonstrate that their actions are unacceptable.

What are the two types of deterrence in sentencing?

Specific deterrence and general deterrence.

What is specific deterrence?

The experience of prison dissuades convicted offenders from committing more crimes when released.

How can general deterrence discourage crime?

By instilling fear of imprisonment in potential offenders.

What societal benefit does separation from society through imprisonment provide?

Prevention of criminals from committing additional crimes.

What is one way rehabilitation is achieved in prisons?

Offering programs that aim to reduce the risk of recidivism.

What are reparations in the context of sentencing?

Society punishes criminals for their actions, which may include fines or reparations.

What is an Absolute Discharge?

Found guilty but discharged with no record.

What is a Conditional Discharge?

Found guilty but discharged with no record, subject to conditions.

What is a Suspended Sentence?

Found guilty but released; probation conditions for 1-3 years with a conviction on record.

What is the definition of probation?

Ordered to follow certain conditions for a specified duration, usually up to 3 years.

What is a Continuous term in imprisonment?

Time served consecutively.

Differentiate between Minimum and Maximum security prisons.

Minimum security houses non-violent offenders, while Maximum security has the highest level of security regulations.

What defines Unwarranted Sentencing Disparity?

Variations in sentencing for similar crimes due to legally irrelevant factors.

What is systematic disparity?

Consistent disagreements/inconsistencies in sentencing due to common factors.

What is unsystematic disparity?

Inconsistencies across time or judges that cannot be traced to a specific factor.

What is parole?

Release of offenders from prison before full term is served, under specific conditions.

What does the parole board consider during a formal hearing?

Criminal history, risk of reoffending, employment, and institutional behaviour.

What does a successful parole decision mean?

Successfully completed the parole period without violating conditions.

What are Gladue reports?

Reports that provide judges with factors in an offender's background that may mitigate culpability.

What is the focus of Indigenous Courts in the justice system?

Handling cases involving Indigenous offenders and emphasizing restorative justice.

What does restorative justice emphasize?

Repairing the harm caused by a crime, involving victims, offenders, and community members.

What collateral consequences can come from prison sentences?

Removal of freedoms and future restrictions due to a criminal record.