NCJ Number
61837
Date Published
1979
Length
17 pages
Annotation
PENALTIES IN CANADA'S CORRECTIONAL SYSTEM, PECUNIARY OBLIGATIONS, BEHAVIORAL OBLIGATIONS, AND DETENTION ARE ADDRESSED.
Abstract
THE CANADIAN CORRECTIONAL SYSTEM PROVIDES THREE MAIN TYPES OF PENALTIES: PAYMENT OF FINES AND VICTIM COMPENSATION; SOCIOMEDICAL OBLIGATIONS, SUCH AS VOLUNTARY OR COMPULSORY TREATMENT AND PROBATION UNDER CERTAIN CONDITIONS; AND IMPRISONMENT. THE COUNTRY'S CRIMINAL CODE IS UNIFIED ACROSS ALL 10 PROVINCES. AMENDMENTS TO THE CODE ARE VOTED ON BY THE FEDERAL PARLIAMENT, BUT INFRACTIONS AND REGULATIONS COME UNDER THE JURISDICTION OF PROVINCIAL GOVERNMENTS AND MUNICIPAL AUTHORITIES. OPERATIONAL NORMS APPLICABLE IN THE CASE OF ADULT OFFENDERS ALSO HOLD TRUE IN CENTERS AND SPECIAL SCHOOLS FOR JUVENILE DELINQUENTS. IN ACCORDANCE WITH CANADIAN LAW, JUVENILE DELINQUENT ACT OR, IN EXTENUATING CIRCUMSTANCES, UNDER THE YOUTH PROTECTION ACT. LEGALLY, HOWEVER, SENTENCES OF JUVENILE COURTS ARE NOT ENFORCEABLE IN THE SAME WAY AS THOSE OF OTHER COURTS. ACCORDING TO THE CRIMINAL CODE, ANY PERSON FOUND GUILTY OF AN INDICTABLE OFFENSE CAN BE SENTENCED TO PAY A FINE ONLY, OR A FINE IN ADDITION TO OTHER PUNISHMENT. MAGISTRATES HAVE CONSIDERABLE LATITUDE; THEY ARE ALLOWED TO PASS JUDGMENTS BASED ON THE NATURE OF OFFENSES AND THE PERSONALITY OF OFFENDERS. FINES ARE MAINLY IMPOSED ON PERSONS WHO COMMIT OFFENSES UNDER THE HIGHWAY CODE, MOTOR VEHICLE LAWS, MUNICIPAL REGULATIONS, AND ARTICLES OF THE CRIMINAL CODE CONDERNING CONDUCT DEFINED UNDER THE GENERAL TERM OF PUBLIC NUISANCE. IN IMPOSING A PROBATION ORDER JUDGES, APPLY RULES OF BEHAVIOR IN ACCORDANCE WITH THE PRISON RECORD OF THE CONVICTED PERSON. JUDGES GENERALLY BASE THEIR DECISION ON PROBATION OFFICERS PRESENTENCE REPORTS THESE OFFICERS THEN BECOME RESPONSIBLE FOR THE OFFENDER'S SUPERVISION, TREATMENT, AND SOCIAL REINTEGRATION. THE PROBATION SERVICE HAS TWO MISSIONS IN THE CASE OF JUVENILE DELINQUENTS, TO EVALUATE THE DELINQUENT'S PERSONALITY IN THE PRESENTENCE REPORT AND TO ASSIST THE DELINQUENT AS SPECIFIED IN THE PROBATION ORDER. PROBATION OFFICERS USE ALL AVAILABLE RESOURCES IN THEIR WORK, INCLUDING EMPLOYMENT BUREAUS AND HOSPITALS. THE PRISON SYSTEM INCLUDES PRISONS UNDER THE JURISDICTION OF PROVINCES FOR PERSONS SENTENCED TO LESS THAN 2 YEARS AND PENITENTARIES UNDER FEDERAL AUTHORITY FOR PERSONS SENTENCED TO MORE THAN 2 YEARS. IN BOTH PRISONS AND PENITENTIARIES, INMATES ARE LODGED IN INDIVIDUAL CELLS AND ARE NOT COMPELLED TO WORK. ALL INSITUTIONS ATTEMPT TO RESOCIALIZE OFFENDERS. NOTES ARE INCLUDED. (DEP)