Pudister. How the Canadian sentencing system impacts policy reform: An examination of the Harper era.

Kate Puddister
Department of Political Science, University of Guelph, Guelph, Ontario, Canada
Email: kpuddist@uoguelph.ca

During the Harper era (2006–2015), the Canadian government focused on criminal justice policy reform, particularly the sentencing regime.
Significant policies included increasing the severity of penalties and expanding mandatory minimums.
Despite efforts, Canada's incarceration rate remained stable, raising questions about the impact of sentencing policy.
This article analyzes the context of Canadian criminal justice policy to understand its influence on policymaking and reform.

Public perceptions of the criminal justice system are often centered around the severity of sentences for offenders.
- Judges' sentences, as reported by the media, contribute to public evaluations, often leading to demands for harsher penalties.
Governments, motivated by public sentiment, focus significantly on sentencing policy.
The Conservative government (2006–2015), under Prime Minister Stephen Harper, prioritized criminal justice policy emphasizing tougher sentencing.

Reforms faced criticism from the criminal justice community, with concerns about increased incarceration rates and financial implications.
However, evidence indicated that the stable incarceration rate in Canada did not align with these concerns, prompting a closer look at policy impacts.

The policy context relates to various actors, structures, and ideas that shape the enactment and implementation of criminal justice policies.
Institutions play a critical role in maintaining stability even when reforms are pursued.
Canadian sentencing lacks a formal structure like sentencing councils or commissions and relies heavily on judicial decision-making.

The system is described as loosely coupled, where independent elements interact, often resulting in unimplemented policies.
Institutional dynamics have led to a uniquely stable incarceration rate compared to other common law jurisdictions (e.g., the U.S., England, and Wales).

Authority over criminal justice policy is split between provincial and federal governments, complicating policy implementation.
- Provincial Authority: Oversees corrections and prosecutions for less serious offenses.
- Federal Authority: Enacts sentencing policy through the Criminal Code.
Courts apply legal principles, but with significant judicial discretion, leading to variability in sentencing practices.

The Canadian criminal justice system's actors—police, prosecutors, judges—exercise significant discretion, leading to fragmentation and complexity in policy implementation.
Prosecutorial Discretion: Affects the enforcement of mandatory minimums and policy outcomes.

Policies may reflect symbolic efforts rather than substantive reform, aiming to resonate with public sentiments about justice.
Ideas behind policies often engage with moral and emotional responses, shaping legislative agendas.

The Harper government marked a shift toward punitive criminal justice policy, with approximately 20% of its bills focused on criminal justice.
**Key Policy Areas:
1. Increasing the severity and length of sentences.
2. Strengthening sanctions for serious offenders.
3. Expanding mandatory minimums.
4. Implementing symbolic changes for victim rights.**
Initial legislative acts targeted conditional sentence orders, street racing laws, and the Tackling Violent Crime Act (Bill C-2), which introduced mandatory minimums and stricter sentencing for firearm offenses.

Truth in Sentencing Act: Restricts credit judges could apply for pre-sentenced time served.
- Goal: Ensures more rigorous sentencing practices.
Abolition of Early Parole Act: Aims to maintain stricter oversight of convicted individuals.
Victim Bill of Rights: Enhances victim involvement in the justice process.
Tougher Penalties for Child Predators Act: Increases penalties for crimes against children and establishes aggravated factors for consideration in sentencing.
Safe Streets and Communities Act (Bill C-10): Enacted comprehensive changes increasing mandatory minimum sentences and criminalizing repeat offenses.

Critics, including provincial governments and legal experts, highlighted concerns over increased costs and prison populations due to the Harper government's policies.
For example, the Parliamentary Budget Officer (PBO) projected significant increases in corrections spending and prison population as a consequence of these policies.

Despite significant legislative efforts, the anticipated rise in incarceration rates did not materialize as expected.
- Structural features and discretion afforded to actors in the justice system mitigated the impact of reforms.
Recent statistics showed stability in incarceration rates, contrasting the reforms pushed during the Harper administration.
The complexities of intergovernmental dynamics in Canada—where federal legislation may shift financial burdens to provinces—were also highlighted.
Scholars link policy stability and inefficacy to the institutional complexities, reliance on symbolism, and the discretion of justice system actors.

The Harper government presented itself as tough on crime through an expansive punitive reform agenda.
However, the legislative efforts did not translate into significant changes in outcomes, reflecting discrepancies between intended policy impacts and actual results.
The findings point to the need for reform discussions that include provincial input as they bear the costs and implementation burdens.