Sentencing
Foundations of Sentencing
Q: What is sentencing in Canadian criminal law?
A: The judicial determination of a legal sanction upon a person convicted of an offence.
Q: Who can impose a sentence?
A: Only judges—parole boards cannot impose or modify sentences.
📜 Purposes and Principles of Sentencing (s.718)
Q: What is the fundamental purpose of sentencing (s.718)?
A: To impose just sanctions that contribute to a just, peaceful, and safe society.
Q: Name 3 key objectives of sentencing under s.718.
A:
Denounce unlawful conduct (718(a))
Deter the offender and others (718(b))
Rehabilitate the offender (718(d))
Q: What does s.718.1 state?
A: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
⚖ Principle of Proportionality
Q: What is proportionality in sentencing?
A: Sentences should be individualized, subjective, and custom-tailored, matching the severity of the crime.
Q: How do judges apply proportionality in sentencing lengths?
A: Through concurrent or consecutive sentences using the totality principle.
📂 Types of Sentences
Q: What is an absolute discharge?
A: A finding of guilt with no conviction registered; no criminal record after 1 year.
Q: What is a conditional discharge?
A: Guilt without conviction, includes probation; record removed after 3 years if completed successfully.
Q: What is probation?
A: A sentence up to 3 years, can be stand-alone or with another sentence; breach = up to 4 years in prison.
Q: What is restitution vs. a fine?
A:
Restitution: Offender pays victim
Fine: Offender pays the state
Q: What is a conditional sentence?
A: Custodial sentence served in the community (<2 years); includes conditions like curfews or community service.
Q: What is intermittent imprisonment?
A: Sentence served part-time (e.g., weekends), for sentences 90 days or less.
Q: What is a Long-Term Offender?
A: Repeat offender with a high risk of reoffending but potential to control risk; 2+ years imprisonment + up to 10 years supervision.
Q: What is a Dangerous Offender?
A: Individual posing ongoing threat; can be given an indeterminate sentence with parole eligibility after 7 years.
🏛 Harper Era Sentencing Policy (2006–2015)
Q: What percentage of Harper-era legislation focused on sentencing?
A: 61% of criminal justice-related policies.
Q: What was a key trend in Harper’s sentencing laws?
A: Tough on crime—longer, more punitive sentences and more mandatory minimums.
❌ Limits on Conditional Sentences
Q: What restrictions did Harper’s government place on conditional sentences?
A: Prohibited for indictable offences with max of 14 years/life and certain offences like drug trafficking or bodily harm.
⚰ Homicide Sentencing Changes
Q: What did the "Faint Hope Clause" allow?
A: Early parole application for life sentences (repealed in 2011).
Q: What case struck down consecutive parole ineligibility for multiple murders?
A: R v. Bissonnette (2022 SCC 23)
🕒 Truth in Sentencing
Q: What change did the Truth in Sentencing Act introduce?
A: Removed judicial discretion to offer more than 1:1 credit for pre-trial custody, except in rare cases (max 1.5:1).
📉 Mandatory Minimum Sentences (MMS)
Q: How many MMS did Canada have after Harper’s reforms?
A: Estimated increase from 40 to 80+.
Q: What are the 4 types of MMS?
A:
Life (e.g., murder, treason)
Firearms offences
Repeat offenders
Hybrid offences (if Crown proceeds by indictment)
✅ Arguments FOR MMS
Q: List 2 arguments for MMS.
A:
Promotes deterrence
Ensures consistency and transparency
❌ Arguments AGAINST MMS
Q: List 2 arguments against MMS.
A:
Violates proportionality and individualization
Minimal deterrent effect—many are unaware of MMS
Q: What is the "reasonable hypothetical" analysis in MMS?
A: Courts assess whether MMS would be grossly disproportionate for a hypothetical offender.
⚖ Judicial Review Cases
Q: What issue was addressed in R v. Summers (2014 SCC)?
A: Credit for pre-trial custody under Truth in Sentencing.
Q: What did the SCC decide in R v. Summers?
A: Judges may apply 1.5:1 credit to ensure fairness and acknowledge poor pre-trial conditions.
Q: What was the key issue in R v. Lloyd (2016 SCC)?
A: Constitutionality of a 1-year mandatory minimum for repeat drug trafficking under CDSA.
Q: What did the SCC decide in R v. Lloyd?
A: MMS was unconstitutional when applied to a hypothetical less blameworthy offender.
🧭 Sentencing Reform & Guidelines
Q: What is a potential solution to Canada's inconsistent sentencing?
A: Creation of sentencing guidelines.
Q: Who would participate in creating sentencing guidelines?
A: Parliament, judges, criminal justice actors, and lay members.