Chapter 9 Sentencing and Parole in Canada

Learning Objectives

• Describe the structure of the Canadian court system.
• List the primary purposes and principles of sentencing.
• Describe various sentencing options available in Canada.
• Define sentencing disparity and explain how it can be studied.
• List the principles for effective correctional interventions.
• Describe how parole decisions are made.

Sentencing Case Study: Philip Jefferson

• Found guilty of robbery with a firearm and sentenced to 7 years by Judge Cane.
• Judges consider remorse and community messaging in sentencing.
• Goals of the sentence included deterrence and rehabilitation through treatment programs.

Structure of the Canadian Court System

• Courts separated by jurisdiction (provincial, federal, military) and level (four-tier hierarchy).
• Provincial courts handle most criminal/civil matters, while federal courts address specific federal laws.
• The Supreme Court of Canada (SCC) is the top appellate court, providing guidance on law-related issues.

Indigenous Courts

• Focus on addressing Indigenous overrepresentation in the criminal justice system (approximately 18% of federal inmates).
• Bill C-41 emphasizes considering alternatives to imprisonment, especially for Indigenous offenders.
• Judges are instructed to consider Indigenous circumstances in sentencing (Gladue principles).
• Current challenges include underutilization and possible ineffectiveness of Indigenous courts in reducing overrepresentation.

Purposes and Principles of Sentencing

• General Goals:
• Change behavior (specific/general deterrence), denounce unlawful conduct, isolate offenders, rehabilitate, provide victim reparations, and promote accountability.
• Key Principles:
• Proportionality to the offense, consider aggravating/mitigating circumstances, maintain consistency for similar cases, and consider alternatives to imprisonment.

Sentencing Options in Canada

• Discharges (absolute/conditional), restitution, fines, community service, conditional sentences, imprisonment, etc.
• Probation is the most common form of sentencing. Serious prison sentences are less frequent.

Sentencing Disparity

• Definition: Variations in sentencing severity by different judges for similar cases, leading to potential injustices.
• Unwarranted Disparity: Due to reliance on extralegal factors (e.g., personality, discretion) instead of legal ones.
• Sources: systematic disparity (consistent disagreements among judges) and unsystematic disparity (individual inconsistencies).

Factors Affecting Sentencing

• Influenced by aggravating/mitigating factors, offender's background, judge's discretion, etc.

Effectiveness of Sentencing

• Unresolved debate on whether current practices achieve deterrence and rehabilitation goals.
• Research indicates punishment strategies often do not effectively reduce reoffending.

Principles of Effective Correctional Interventions (Risk-Need-Responsivity Model)

• Risk Principle: Focus on high-risk offenders.
• Need Principle: Address criminogenic needs (substance abuse, antisocial peers).
• Responsivity Principle: Tailor interventions to individual learning styles and characteristics.

Parole in Canada

• Conditional release with supervision; history dating back to the Ticket of Leave Act (1899).
• Types of parole: temporary absence, day parole, full parole, and statutory release (mandatory after 2/3 of the sentence).
• Consideration factors for parole decisions include criminal history, relationships, institutional behavior, and treatment progress.
• Misconceptions about parole include automatic granting based on eligibility, and that remorse influences decisions significantly.
• Statistics: High success rates among parolees; most parole failures due to condition breaches rather than new offenses.