Chapter 9

From Sentencing to
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Release

Criminal Sentencing
Sentencing a convicted person is one of the
most complex parts of the legal system.
A judge must weigh several factors when
deciding how to sentence an offender.
In Canada, a judge has numerous sentencing
options, which range from releasing the
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accused to imprisonment.
The sentencing process is controversial to
many Canadians, as most convicted offenders
do reintegrate back into society at some point.
There is constant debate over how hard or
soft convicted offenders should be treated by
the justice system.

Purposes of Sentencing

In 1995, the Criminal Code was amended to

provide judges with clearer direction when
sentencing convicted offenders.
Each sentence issued by a judge should
reflect as many of these four objectives as
possible:
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1.
2.
3.
4.

denouncing unlawful conduct

deterrence
separation or segregation
rehabilitation

Denouncing Unlawful Conduct

Part of any criminal sentence should involve
denouncing or condemning unlawful
conduct.
It should be clear to the offender that what he or
she did was wrong from the viewpoint of society.
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When convicted offenders
are sentenced, their
character and past behaviour are considered.
If they are repeat offenders or if the crime they
committed is severe, their behaviour will be
denounced in the strongest terms, and that
should be reflected in the sentence they receive.

Deterrence

A sentence is supposed to deter or prevent

an offender from committing more crimes.
Deterrence can be divided into two types:
1. Specific deterrence: a sentence that discourages a
particular criminal90from reoffending or committing
another crime in the future.
2. General deterrence: a sentence that discourages the
general public from committing a particular crime.

Segregation
Another purpose of criminal sentencing is to
separate or segregate offenders from society.
This usually involves incarcerating the offender
(putting them in prison).
Incarceration is not always necessary. If an
90
offender is not considered
dangerous, they may
avoid a prison sentence and be reintegrated into
society sooner.
As of 2008, Canadas incarceration rate per
every 100,000 people was much lower than the
U.S.s and one of the lowest in the world.

Rehabilitation
Since most convicted offenders rejoin society at
some point, the Criminal Code also states that a
sentence should try (in part) to assist or
rehabilitate offenders so they can avoid a life of
crime.
Recidivism is the 90
act of recommitting crimes being a repeat offender.
Rehabilitation looks to provide offenders,
particularly prison inmates, with important skills
they need to be productive members of society.
Examples of rehabilitative programs include
job training, counselling, and opportunities for
education.

Other Objectives

In addition to denouncing unlawful conduct,

specific and general deterrence,
segregation and rehabilitation, there can be
a few other objectives in sentencing:
1. Reparations: repaying victims and/or the
community for harm
done
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2. Remorse: judges will consider whether or not
the offender expresses sincere regret for his
or her guilty actions

Imposing a Sentence
In Canada, judges usually have discretion when
imposing sentences.
For some cases, there are mandatory minimum
sentences created by Parliament that a judge
must follow.
90 a sentence, he or she
Before a judge issues
reviews a pre-sentence report on the offender.
This report may include aggravating and
mitigating circumstances as well as victim
impact statements.

Factors in Sentencing
A judge considers

Aggravating circumstances: factors that

demonstrate the punishment should be more
severe; the sentence should be harsher.
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Mitigating circumstances:
factors that
demonstrate the punishment should be less
severe; the sentence should be less harsh.
Victim impact statement: a statement made by
the victim (or on their behalf) that describes how
the offence affected his or her life and loved
ones.

Sentencing Options

When many Canadians hear the term

sentencing, they think of imprisonment.
However, there are several other options
available to a judge:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Absolute or conditional discharge

Suspended sentence
90 and probation
Conditional sentence
Suspension of a privilege
Peace bond
Restitution or compensation
Community service
Deportation
Fines

Discharges

For a crime that carries a maximum sentence

of less than 14 years, an offender may receive
one of two possible discharges.
1. Absolute Discharge: offender is released
without conditions and with no criminal record.
2. Conditional Discharge: offender is released
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with conditions or
terms, which, if completed,
result in no criminal record for the offender.
Discharges are usually only granted if it is the
offenders first offence and it is not a very
serious crime.
Although there is no criminal record, it is noted
that the offender was granted a discharge.

Suspended Sentences
A suspended sentence is a punishment that is
not carried out as long as certain conditions are
met; this sentence usually involves probation.
Probation: a punishment that allows an offender
to live in the community, but with certain
conditions and supervision
(reporting to a
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probation officer).
The main difference between a suspended
sentence and an absolute or conditional
discharge is that with a suspended sentence
there is a record of criminal conviction.

Conditional Sentence
If the maximum sentence is less than two years,
a judge may impose a conditional sentence.
This sentence allows the offender to serve their
time in the community instead of prison.
A judge must be reasonably sure the offender is
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not a threat to the public.
The offender must also keep the peace and be
of good behaviour.
Additional orders may include curfews, or
abstaining from drugs and alcohol.

Suspension of a Privilege
This sentence takes away a privilege from a
convicted offender for a specific or indefinite
period of time.
The most common suspension of a privilege is
a drivers licence. Another common example is
suspending restaurant
liquor licenses.
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A drivers licence is usually surrendered to the
court clerk by the driver before he or she leaves
the courtroom.
Liquor licences are often removed if an
establishment has violated liquor laws and
regulations.

Peace Bond
This sentence comes in the form of a court order
requiring a person to keep the peace for up to 12
months.
A peace bond is a common sentence in
harassment or assault cases that are not very
serious.
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A common criterion for a peace bond includes
staying away from a certain person or place.
If the conditions of the peace bond are met
successfully, the charges against the accused
may be withdrawn.

Restitution
Also referred to as compensation, this
sentence requires the offender to pay back the
victim for the harm or loss he or she created.
Restitution usually comes in the form of $$$.
A victim may ask the court to consider imposing
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restitution at the time
of sentencing.
A judge considers the offenders ability to pay
when deciding the amount of compensation to
impose in a sentence.
Restitution may also include making the
offender work for the victim, although this is not
common.

Community Service
This sentence orders the offender to perform
specific work in the community.
A judge can dictate how many hours an offender
must work in the community as well as the
nature of that work.
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The objective of community
service orders is
to associate the offender with people in the
community who are not criminals. This is
supposed to decrease the possibility of
recidivism.

Deportation & Fines

If a non-citizen commits a criminal offence in
Canada, it is possible to sentence him or her to
be deportedsent back to his or her country of
origin.
Canadian residents who commit serious crimes
in other countries may also be extradited
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(returned) to that country
to stand trial.
For many summary conviction offences, an
offender may be fined instead of receiving
another type of sentence. Fines may also be
given for indictable offences.
If offenders cannot afford to pay, they may be
enrolled in a fine option program, to work in
the community to pay off the debt.

Prison

The most serious criminal sentence an

offender can receive is imprisonment.
There are various types of prison sentences
as well as different types of prisons used to
incarcerate offenders.
1. Local detention90centre: if the sentence is 30
days or less
2. Provincial prison: if the sentence is between
30 days and 2 years
3. Federal prison: if the sentence is between 2
years and life in prison

Prison Sentences
Types of prison sentences include
1. Concurrent: a prison sentence for two or
more offences; to be served at the same time.
2. Consecutive: a prison sentence for two or
more offences; to be served one after another.
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3. Intermittent: a prison
sentence of 90 days or
less that is served on weekends or at night.
The principle of totality is a rule that looks at
all the circumstances of a prison sentence to
ensure that it is fair.

Dangerous Offenders
A convicted offender who is considered a very
serious risk to the public may be given an
indeterminate sentence. This means that he or
she will be in prison indefinitely.
A dangerous offender

displays a brutality90
that is abnormal.
has a pattern of aggression that is unlikely to change.
is indifferent to the effects of his or her behaviour.
possesses sexual impulses that may cause pain or
injury to others.

An indeterminate sentence can end if

authorities decide the offender is no longer
dangerous.

Capital Punishment
In 1976, Parliament abolished (removed) capital
punishment, also known as the death penalty,
from the Criminal Code.
Prior to 1962, a person could be sentenced to
death in Canada if they were found guilty of first
degree murder. 90
After 1962, all death sentences were commuted
(switched) to life imprisonment, which eventually
led to the official cancellation of capital
punishment in a close vote in 1976.
In 2001, the Supreme Court reaffirmed Canadas
rejection of the death penalty.

Restorative Justice
A recent approach to criminal sentencing is
restorative justice, which focuses on
forgiveness and involves the community.
Sentencing circles: common in Aboriginal
communities; the offender, victim, and others in
the community are90brought together to decide on
the offenders punishment.
Healing circles: an opportunity for an offender
and his or her victim to voice their feelings and
resolve their conflict.
Releasing circles: also common in Aboriginal
communities and parole boards; a plan is
prepared to return the offender to society.

Compensation Funds
Each province has a victim compensation
fund. This is public money to compensate a
victim if any of the following circumstances exist:

lost pay
pain and suffering from injuries
medical bills and prescriptions
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loss of income by dependants if victim dies
(e.g. funeral expenses)
child support for the offspring of sexual assault

Appeals
Both the Crown and the convicted offender have
the right to appeal a conviction or sentence.
An appeal asks the court to review and
reconsider the conviction and/or sentence that
has been imposed.
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The party who requests
the appeal is the
appellant and the party who opposes the appeal
is the respondent.

Parole
Prison inmates are usually eligible for parole
after they have served 1/3 of their sentence or 8
years, whichever comes first.
A parole board reviews the offenders
behaviour in prison and decides whether or not
to grant paroleearly
90 release from prison.
A parolee must report to a supervising officer
and follow certain conditions until his or her
sentence is complete. If parolees violate any
condition, they can be returned to prison.
Full parole is not usually granted to offenders
convicted of first degree murder before 25 years.

Mercy
The federal government has the power to grant
a Royal Prerogative of Mercy, which means
they can revoke a prison sentence or issue a
pardon.
A pardon is granted when an offender is
officially excused from
a crime.
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Parole boards review cases and advise the
solicitor-generals office regarding pardons,
which are often granted if a person appears to
have been wrongfully convicted.

Criminal Records
Having a criminal record may create many
difficulties for a convicted offender in addition to
embarrassment and humiliation.
A criminal record may hinder or restrict job
opportunities as well as the ability to travel.
Many jobs involve 90
bonding, which guarantees
the honesty of a person who handles money and
other valuables. A person with a criminal record
usually cannot be bonded.
A convicted offender may apply for a pardon;
usually 35 years after completing his or her
sentence.