Copyright © 2012 Pearson Canada Inc.1 Chapter 9 Sentencing and Parole in Canada 9-1.

Copyright © 2012 Pearson Canada Inc. 1

Chapter 9

Sentencing and Parole in Canada

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Learning Objectives

• The Canadian court system

• Aboriginal overrepresentation

• Purposes and principles of sentencing

• Sentencing options

• Sentencing disparity

• Effective correctional intervention

• Parole decision making

• Public attitudes towards the justice system9-2


Hierarchy of Canadian Courts

• Courts in Canada are divided into provincial/territorial courts and federal courts

• Courts are also organized into a hierarchy with courts lower in the hierarchy abiding by the decisions of courts at higher levels

• The Supreme Court of Canada is the final court of appeal

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The Canadian Court System

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Source: Department of Justice, 2010


Aboriginal Courts

• Aboriginal courts also exist within the court structure

• Established so that special consideration could be given to the adverse background conditions of Aboriginal offenders

• One of the goals of these courts is to reduce Aboriginal overrepresentation in the criminal justice system

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Aboriginal Overrepresentation

• Refers to the disproportionate number of Aboriginals involved in the criminal justice system

– Aboriginals make up approximately 3% of the Canadian population, but account for 17% of adults admitted into remand

• The problem is more severe in the Prairie provinces

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Explanations for Aboriginal Overrepresentation

• There are several possible explanations:

– A higher Aboriginal crime rate

– The commission by Aboriginal people of more serious crimes

– Criminal justice practices that penalize Aboriginal people (e.g., fine defaults)

– Overt or systemic racism

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Sentencing in Canada

• Sentencing is defined as the judicial determination of a legal sanction upon a person convicted of an offence (Canadian Centre for Justice Statistics, 1997)

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The Purposes of Sentencing

• Sentences are meant to accomplish any number of a variety of goals:– Specific deterrence– General deterrence– Denunciation– Incapacitation– Reparation– Rehabilitation

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The Principles of Sentencing

• The fundamental principle of sentencing states that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender

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Additional Principles

• Judges must also: – Consider aggravating and mitigating

factors– Use comparable sentences for similar

offenders committing similar crimes– Use alternatives to incarceration if at all

possible

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Sentencing Options in Canada

• Absolute or conditional discharge

• Probation

• Restitution

• Fines and community service

• Conditional sentence

• Imprisonment

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Dangerous Offenders

• A dangerous offender application can be made for any offender convicted of a serious personal injury offence who constitutes a danger to others– Requires a determination of

dangerousness– Can result in a term of indefinite

imprisonment

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Long Term Offenders

• The long term offender designation is relatively new to Canada

• Must meet several criteria:– Sentence of 2+ years is appropriate– Risk of re-offending– Possibility of eventual control of risk

• Receives a sentence of at least 2 years followed by a period of supervision

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Sentencing Disparity

• Sentencing disparity refers to variations in sentences handed down by different judges (or the same judge on different occasions) for similar offenders committing similar offences (McFatter, 1986)

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Unwarranted Sentencing Disparity

• Unwarranted sentencing disparity results from a reliance on extra-legal (i.e., legally irrelevant) factors

• These factors can be categorized as:– Systematic factors (e.g., how lenient

judges believe sentences should be)– Unsystematic factors (e.g., the mood

of the judge on any particular day)

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Studying Sentencing Disparity

• Sentencing disparity is typically studied in one of two ways:– Simulation studies– Official sentencing statistics

• Using either method it is clear that sentencing disparity exists in Canada (Birkenmayer & Roberts, 1997; Palys & Divorski, 1986)

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Reducing Sentencing Disparity

• One way of reducing sentencing disparity is to use sentencing guidelines

• However, sentencing guidelines in Canada are very broad (Roberts, 1991) and may not significantly reduce sentencing disparity

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Are the Goals of Sentencing Achieved?

• Ongoing debate about deterrence and rehabilitation

• Many researchers do not believe that get-tough strategies reduce crime

• However, certain rehabilitative efforts do appear to reduce re-offending

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The Effect of Punishment

• Gendreau et al. (2001) examined recidivism rates for community-based sanctions and prison sentences

– Community-based sanctions (with the exception of fines and restitution) resulted in increased recidivism rates

– Incarceration resulted in increased recidivism rates (with longer incarceration resulting in higher rates)

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What Works in Offender Treatment?

• Canadian researchers have led the way in establishing principles of effective correctional intervention (Andrews & Bonta, 2006)

• Correctional interventions that incorporate these principles have been shown to reduce recidivism rates (Andrews et al., 1990)

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Principles of Effective Correctional Intervention

• Important principles include:– Need principle – effective intervention

targets criminogenic needs– Risk principle – effective intervention

targets high-risk offenders– Responsivity principle – effective

intervention matches the general learning styles and characteristics of offenders

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Parole in Canada

• Parole involves:– Conditional release into community– Rehabilitation– A high degree of supervision– Return to prison if conditions are

breached

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Myths Concerning Parole

• Parole reduces sentence time

• Parole is automatically granted when inmates become eligible

• Parole is granted if remorse is shown

• Offenders released on parole frequently re-offend

• Victims do not play a role in parole decisions

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Parole Decision Making

• Decisions are made by members of Canada’s National Parole Board (NPB)

• Offenders become eligible for parole after serving the first third, or the first seven years, of their sentence

• A formal hearing takes place between the offender and the NPB and a formal risk assessment is conducted

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Risk Assessment

• This risk assessment includes an examination of:– Criminal history– Mental status– Performance on earlier releases– Information from victims– Institutional behaviour– Feasibility of release plans, etc.

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Types of Parole

• Temporary absence

• Day parole

• Full parole

• Statutory release

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Conditions of Parole

• Various conditions of parole must be met or the offender may go back to prison

• Examples include:– Abstain from drugs and alcohol– Remain in Canada– Obey the law and keep the peace– Do not own or possess any weapons

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The Effectiveness of Parole

• The NPB (2009) indicates that offenders let out on parole are less likely to breach conditions or commit new offences compared to offenders let out on statutory release

• Even offenders let out on statutory release are unlikely to commit further crimes

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Public Attitudes Towards the Criminal Justice System

• There are three methods that are commonly used to study public attitudes towards the criminal justice system:– Simulation studies– Focus groups– Public opinion polls (most common)

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Common Attitudes

• Results of public opinion polls indicate that:– Canadians view the criminal justice

system in a relatively positive light (especially the police)

– Canadians believe that offenders are treated too leniently

– Canadians support alternatives to sentencing under certain conditions

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Factors That Influence Public Attitudes

• Discrepancy between attitudes and reality (e.g., with respect to lenient treatment) due to an inadequate understanding of the criminal justice system

• According to Sprott and Doob (1997), this discrepancy is largely the result of biased media portrayals of the criminal justice system

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Copyright © 2012 Pearson Canada Inc.1 Chapter 9 Sentencing and Parole in Canada 9-1.

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