NCJ Number
185880
Journal
Justice Report Volume: 15 Issue: 2 Dated: 2000 Pages: 8-9
Editor(s)
Gaston St-Jean
Date Published
2000
Length
2 pages
Annotation
In January 2000, the Supreme Court of Canada handed down judgments in six conditional sentence appeals, clarifying the way in which the conditional sentence of imprisonment should be used.
Abstract
The conditional sentence was created in 1996 to reduce the number of admissions to provincial custody, and over 40,000 conditional sentences have now been imposed throughout Canada. The efficacy of conditional sentences, however, has been debated. Most of the negative publicity has been generated by cases involving serious sex offenses or dangerous driving that resulted in death or serious harm. In its decisions on conditional sentencing, the Supreme Court of Canada acknowledged the importance of alternatives to incarceration and said there should be a presumption against the imposition of a conditional sentence for violent offenses. In addition, the Supreme Court of Canada emphasized the importance of distinguishing between a conditional sentence and probation and indicated conditional sentences will carry more restrictions on the offender's lifestyle, conditional sentences may be longer than the term of custody they replace, and breaching conditions of a conditional sentence will result in incarceration.