Sentencing in Canada

Question 1

What are the 6 principles of sentencing that govern the criminal code in Canada?

Answer 1

Denunciation, deterrence, rehabilitation, protection of the public, reparation/restitution, responsibility.

Question 2

Denunciation (condemn)

Answer 2

Ensure the punishment reflects society’s abhorrence for the crime committed

Question 3

Deterrence (discourage)

Answer 3

Reduce criminal conduct

Question 4

Rehabilitate

Answer 4

Change the behaviour of an offender and reconstitute them as productive citizens.

Question 5

Protection of the public

Answer 5

Control the accused’s behaviour in the community and prevent the chance of reoccurrence.

Question 6

Reparation/restitution

Answer 6

Repay, repair or compensate the victim or community loss and harm.

Question 7

Responsibility

Answer 7

Have the offender acknowledge the harm done to the victim and community.

Question 8

Sentencing options (10)

Answer 8

Absolute and conditional discharge, probation, restitution, fines, conditional sentence, intermittent imprisonment, imprisonment/incarceration, long term offender, dangerous offender declaration.

Question 9

Probation

Answer 9

A court order for a term of up to 3 years which contains conditions to control an accused’s behaviour (served in the community) . Can stand alone, be with a fine, or with a jail sentence.

Question 10

Restitution

Answer 10

Payment made by an offender to the victim to cover expenses arising from the crime.

Question 11

Fines

Answer 11

Monetary penalties which may be imposed alone or in combination with incarceration or probation.

Question 12

Conditional sentence

Answer 12

Sentence of incarceration served in the community, with the conditions of the sentence (ex. curfew, restricted movement or contact with named others)

Question 13

Intermittent imprisonment

Answer 13

For custodial or jail sentences of 90 days or fewer, an offender can serve the sentence intermittently and be bound by a probation order while at large between terms in prison

Question 14

Long term offender

Answer 14

Offender found by the court to be at risk to re-offend but where there is a reasonable possibility of eventual control of the risk in the community. Sentences are usually over two years with a community supervision order for up to 10 years.

Question 14

Imprisonment/incarceration

Answer 14

The most serious sentence, ranging from one day to life.

Question 15

Plea bargins

Answer 15

An agreement by the accused to plead guilty in return for the promise of some sort of benefit.

Question 16

Restorative justice

Answer 16

Criminal justice where it focuses on the rehabilitation of offenders through reconciliation with victims and the community at large (ex. group, conferencing healing circle, reconciliation panels, and and victim-offender mediation)

Question 17

Indigenous sentencing

Answer 17

Indigenous offender’s circumstances and to consider all other sanctions other than imprisonment.