NCJ Number
110287
Date Published
1986
Length
592 pages
Annotation
The Canadian Sentencing Commission recommends a fundamental overhaul of sentencing in Canada so as to provide a comprehensive structure to make sentencing more equitable, predictable, and understandable.
Abstract
In analyzing the current sentencing system, the commission determined the absence of statutory sentencing principles, unrealistically high maximum penalties, unjust mandatory minimum sentences, parole and early release programs that inject indeterminacy into sentencing, the ineffectiveness of appellate determination of sentencing policy, and the lack of systematic information on current sentencing practice. Current sentencing practice also contributes to sentencing disparity and an over-reliance on imprisonment. Principles underlying sentencing reform proposed by the commission include the enactment of parliamentary sentencing principles, sentencing proportionate to offense severity, the preservation of trial judge sentencing discretion, and sufficient scope in statutory maximum penalties. The commission also proposes the reservation of imprisonment for the most serious offenses, judicial guidance on the nature and length of the sentence, and a close and predictable relationship between the sentence imposed and the administration and execution of the sentence. Appended supplementary information, lists of statutes and cases, and 255-item bibliography.