Chapter 9 Law 12 - From Sentencing to Release

What happens after someone is found guilty?

Once someone is found guilty of a crime, the court decides how they should be punished. This is called sentencing.

Goals of Sentencing (Why we punish people):

These are the main goals listed in the Criminal Code of Canada:

• Punishment (Denunciation): Show society does not accept the crime.
  
  

• Deterrence: Stop the person (and others) from doing it again.
  
  

• Protection: Keep the public safe by separating dangerous people.
  
  

• Rehabilitation: Help the person change and get better.
  
  

• Reparation: Repair harm done to the victim or community.
  
  

• Responsibility: Help the offender take responsibility for their actions.

What must a judge follow when sentencing?

A judge must follow the Criminal Code of Canada. They must consider:

• The seriousness of the crime
  
  

• The person's background (Gladue effect)
  
  

• What kind of sentence is fair
  
  

Key Terms:

• Pre-Sentence Report: A report written by a probation officer that helps the judge understand an adult offender’s background and life.
  
  

• Pre-Disposition Report: Similar to a Pre-Sentence Report, but for young offenders.
  
  

• Victim Impact Statement: A letter or form written by the victim explaining how the crime affected them (emotionally, physically, financially).
  
  

• Mitigating Factors: Things that make the crime seem less bad, like if it’s their first offense or they show remorse. Judges must consider indigenous or metis background.
  
  

• Parole Conditions: Rules an offender must follow if they are released early from prison (for example: curfew, no alcohol, meeting a parole officer).
  
  

What can judges choose when sentencing?

• Discharge: The person is found guilty but won’t have a criminal record.
  
  

• Probation: The person follows certain rules while living in the community.
  
  

• Fines: Paying money as punishment.
  
  

• Jail time: Going to prison.
  
  

• Intermittent Sentence: Jail only on weekends.
  
  

• Conditional Sentence: Serving time at home under strict rules.
  
  

What is a Dangerous Offender?

A person who is very violent or harmful and likely to commit more serious crimes. They can be kept in prison for a long time—even for life.

How do victims participate?

Victims can share a Victim Impact Statement to tell the judge how the crime affected them. This helps the judge decide the sentence.

Types of Prisons in Canada:

1. Federal Prison – For sentences over 2 years.
   
   

2. Provincial Prison – For sentences under 2 years.
   
   

3. Territorial Prison – For short sentences in the territories.
   
   

Open vs. Closed Custody:

• Open Custody: Less secure, more freedom.
  
  

• Closed Custody: Locked down, very secure.
  
  

Conditional Release or Parole

• Parole means a person leaves prison early but must follow rules.
  
  

• Statutory Release is automatic after 2/3 of the sentence (unless they’re dangerous).

Rules for parole (see chart on page 318):

• Must apply for parole
  
  

• Need to show they’ve changed
  
  

• Must follow conditions

Indigenous Sentencing (from the CBC article):

Judges must consider the background of Indigenous offenders when deciding on a sentence. This includes history, trauma, and community. It’s meant to reduce the high number of Indigenous people in prison. But: Indigenous people are still overrepresented in prisons, and many say the system still needs work.

Political Party Platforms on Crime and Justice (2025)

• Liberals (Mark Carney) – Focus on rehab, mental health support, and reducing repeat crime.
  
  

• Conservatives (Pierre Poilievre) – Want tougher sentences and more support for victims.
  
  

• NDP (Jagmeet Singh) – Focus on prevention, help for youth, and fair treatment for all.

• Green Party – Support rehab, healing circles, and alternatives to prison.