Chapter 9 Law 12 - From Sentencing to Release

Sentencing

The process by which the court decides the punishment for a person found guilty of a crime.

Goals of Sentencing

The main reasons for punishing people according to the Criminal Code of Canada: Punishment, Deterrence, Protection, Rehabilitation, Reparation, Responsibility.

Punishment (Denunciation)

Showing society does not accept the crime.

Deterrence

Stopping the person and others from committing the crime again.

Protection

Keeping the public safe by separating dangerous people.

Rehabilitation

Helping the person change and improve.

Reparation

Repairing harm done to the victim or community.

Responsibility

Helping the offender take responsibility for their actions.

Criminal Code of Canada

The legal framework that guides judges in the sentencing process.

Pre-Sentence Report

A report by a probation officer detailing an adult offender’s background to assist the judge.

Pre-Disposition Report

A report similar to a Pre-Sentence Report but for young offenders.

Victim Impact Statement

A statement from the victim explaining how the crime affected them.

Mitigating Factors

Factors that make the crime seem less severe, such as first offenses or showing remorse.

Parole Conditions

Rules an offender must follow if released early from prison.

Discharge

A sentencing option where the offender is found guilty but does not receive a criminal record.

Probation

A sentencing option where the person must follow specific rules while residing in the community.

Fines

Monetary penalties imposed as punishment.

Jail time

Serving time in prison as punishment.

Intermittent Sentence

Serving jail time only on weekends.

Conditional Sentence

Serving time at home under strict conditions.

Dangerous Offender

A person likely to commit further serious crimes and may be imprisoned for life.

Federal Prison

Facility for offenders serving sentences longer than 2 years.

Provincial Prison

Facility for offenders serving sentences under 2 years.

Territorial Prison

Facility for short sentences in the territories.

Open Custody

Less secure custody allowing more freedom.

Closed Custody

Secure custody with restricted movement.

Parole

Early release from prison with conditions to follow.

Statutory Release

Automatic release after two-thirds of a sentence, unless deemed dangerous.

Indigenous Sentencing

Consideration of Indigenous offenders' backgrounds, history, and community in sentencing.

Political Party Platforms on Crime and Justice (2025)

Various political party approaches to crime and justice, including focus areas like rehabilitation, tougher sentences, and prevention.