Sentencing in Canada Overview

A comprehensive set of flashcards covering key concepts related to sentencing in Canada.

What is the primary purpose of sentencing in Canada?

To hold offenders accountable, protect society, reduce crime, rehabilitate offenders, provide reparation, and promote responsibility.

What legislation governs sentencing in Canada?

The Criminal Code, particularly sections 718–718.3.

What is proportionality in sentencing?

The requirement that the sentence be proportionate to the gravity of the offence and the degree of offender responsibility.

What is parity in sentencing?

The principle that similar sentences should be imposed on similar offenders committing similar offences under similar circumstances.

What does the principle of totality mean?

Total sentence must not be unduly harsh or excessive when consecutive sentences are imposed.

What is the purpose of denunciation?

To express society’s condemnation of the offender’s conduct and reinforce societal values.

What is deterrence in sentencing?

An objective that attempts to discourage crime.

What is general deterrence?

The aim to discourage the public from committing similar crimes.

What is specific deterrence?

The aim to discourage the particular offender from reoffending.

What is incapacitation?

Removing an offender from society to reduce the risk of future harm.

What is rehabilitation?

Interventions designed to change criminal behaviour and reduce reoffending.

What is reparation?

Sentencing that requires offenders to compensate victims or contribute to repairing harm.

What is restorative justice?

A framework focused on healing and repairing harm through processes like victim–offender mediation.

What are Indigenous sentencing principles?

Consideration of systemic factors and culturally appropriate sentencing options for Indigenous people.

What is a conditional discharge?

An offender is found guilty but receives no conviction if they comply with conditions.

What is an absolute discharge?

An offender is found guilty but not convicted; no conditions imposed.

What is probation?

A community sentence requiring the offender to follow conditions, can be up to 3 years.

What is a conditional sentence?

A sentence served in the community instead of prison with strict conditions.

What is restitution?

A court order requiring the offender to compensate the victim for financial losses.

What is a fine?

A monetary penalty imposed by the court.

What are intermittent sentences?

Sentences served in intervals allowing offenders to work or attend school.

What is imprisonment?

The most severe sentence, involving deprivation of liberty.

What is the difference between provincial and federal sentences?

Provincial sentences are under 2 years; federal sentences are 2 years or more.

What are aggravating factors?

Circumstances that increase sentence severity.

What are mitigating factors?

Circumstances that reduce sentence severity.

What is dangerous offender status?

A designation for offenders posing a high likelihood of serious harm.

What is long-term offender status?

An offender requiring supervised community treatment after custody.

What is the purpose of parole?

To promote safe reintegration through structured, supervised release.

Does parole mean the sentence ends?

No, parole is a conditional release; the sentence continues.

What is the role of the Parole Board of Canada (PBC)?

Makes parole decisions for federal offenders and some provincial jurisdictions.

What factors does the PBC consider?

Criminal history, institutional behaviour, program participation, release plan, risk assessments, victim statements.

What is day parole?

Allows offenders to participate in community activities but requires returning at night.

What is full parole?

Conditional release allowing offenders to live in the community under supervision.

What is statutory release?

Automatic release at two-thirds of the sentence for most federal offenders.

What are parole conditions?

Rules offenders must follow as part of their parole.

What is a parole breach?

Violation of conditions that can lead to suspension or revocation of parole.

What is a suspension of parole?

Temporary detention due to breach or increased risk.

What is revocation of parole?

Cancellation of parole due to serious breach or reoffending.

What is remission?

Early release earned through good behaviour.

What is the purpose of risk assessments in parole decisions?

To estimate the likelihood of reoffending.

What is a victim impact statement?

A statement by victims describing the harm experienced, considered during sentencing.

What is the faint hope clause?

Allows some life-sentenced offenders to apply for parole after 15 years.

What is restorative parole planning?

Preparing offenders for reintegration using restorative principles.

What is the main criticism of parole?

Public concern that offenders may reoffend.

What is a release plan?

A structured plan outlining housing, employment, and treatment for parole.

What is the difference between suspension and revocation?

Suspension is temporary removal; revocation is full cancellation of parole.

What is the primary goal of incarceration according to the risk–need–responsivity model?

To reduce reoffending by addressing criminogenic needs.

Why is over-incarceration considered ineffective?

It doesn't reduce crime long-term and may increase reoffending.

What is the role of rehabilitation programs in parole eligibility?

Successful completion indicates reduced risk and increases likelihood of parole.

What is the philosophy behind the modern Canadian sentencing system?

A balance of public safety, fairness, rehabilitation, and proportionality.