Law 12 - Chapter 9

What is a Pre-Sentence Report (PSR)?

A document prepared for adult offenders that provides the court with comprehensive background information (personal history, criminal record, offense circumstances) to help determine an appropriate sentence.

What is a Pre-Disposition Report (PDR)?

Similar to a PSR but for young offenders under the Youth Criminal Justice Act, offering insights into their background, family, and education to assist in sentencing.

What is a Victim Impact Statement?

A written or oral statement from the victim detailing the physical, emotional, and financial effects of the crime, considered during sentencing.

What are Mitigating Factors?

Circumstances that may reduce a sentence (e.g., offender’s age, lack of prior record, Indigenous background, or rehabilitation efforts).

What are Parole Conditions?

Rules an offender must follow while on parole (e.g., reporting to a parole officer, obeying laws, no weapons). Additional conditions may apply based on risk.

What are the six objectives of sentencing in Canada?

1. Denunciation – Condemn unlawful conduct.

2. Deterrence – Discourage offender & others from crime.

3. Separation – Remove dangerous offenders from society.

4. Rehabilitation – Help offenders reintegrate.

5. Reparation – Compensate victims/community.

6. Responsibility – Promote accountability in offenders.

What legal document must judges follow when sentencing an adult offender?

The Criminal Code of Canada.

What legal document applies to young offenders?

The Youth Criminal Justice Act (YCJA).

What is the key difference between a Pre-Sentence Report and a Pre-Disposition Report?

A PSR is for adult offenders under the Criminal Code, while a PDR is for young offenders under the YCJA.

What are five sentencing options available to judges?

1. Discharges (absolute or conditional, no conviction).

2. Fines (monetary penalties).

3. Probation (community supervision with conditions).

4. Imprisonment (incarceration for a set time).

5. Intermittent Sentences (e.g., weekend jail).

6. Conditional Sentences (served in community under strict rules).

What is a Dangerous Offender?

A designation for high-risk individuals convicted of serious violent crimes, potentially leading to an indeterminate prison sentence for public safety.

How can victims participate in sentencing?

By submitting a Victim Impact Statement, detailing the crime’s effects on their life.

What are the three types of prisons in Canada?

1. Maximum Security (highest risk, $170K/inmate/year).

2. Medium Security (moderate risk, $111K/inmate/year).

3. Minimum Security (low risk, $47K/inmate/year).

What is the difference between open and closed custody?

• Open Custody: Less restrictive (e.g., group homes), more community access.

• Closed Custody: Secure facilities with strict controls.

What is conditional release/parole?

Allowing an offender to serve part of their sentence in the community under supervision.

What are the rules for applying for parole?

• Eligible after serving ⅓ of sentence or 7 years (whichever is less).

• Must apply to the Parole Board of Canada and show readiness for reintegration.

• Day Parole is the first level available.

What are the crime and justice platforms of Canada’s major political parties?

• Liberals (Mark Carney): Reversing controversial policies.

• Conservatives (Pierre Poilievre): Tough on crime, taxes, housing.

• NDP: Focus on social justice and systemic reform.

What is a legal remedy, and what are some types of legal remedies?

A remedy is a legal solution to rectify a violation or harm.
Types of legal remedies:

• Damages – Financial compensation for injuries, losses, or suffering.

• Restitution – Requires a party to return property or repay money.

• Injunctions – Court orders requiring a party to do or not do something.

• Specific performance – Requires a party to fulfill contractual obligations.

• Declaratory judgment – Determines individual rights without awarding damages or ordering action.

What are the main types of parole in Canada?

• Day Parole: Out during the day, return at night.

• Full Parole: Live in the community full-time under supervision.

• Statutory Release: Automatic at 2/3 of sentence, with conditions.

• Temporary Absences: Short-term leave, escorted or unescorted.

• Compassionate Release: Rare, for terminal illness or severe hardship.

How does parole eligibility work in Canada?

• Day Parole: 6 months before full parole eligibility.

• Full Parole: After 1/3 of sentence or 7 years.

• Statutory Release: Automatically at 2/3 of sentence (not for lifers or indeterminate sentences).