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Some Reflections on New Criminal Justice Policies in Canada: Restorative Justice, Alternative Measures and Conditional Sentences

NCJ Number
179684
Journal
Australian and New Zealand Journal of Criminology Volume: 32 Issue: 2 Dated: August 1999 Pages: 139-152
Author(s)
Carol La Prairie
Date Published
1999
Length
14 pages
Annotation
This paper offers a preliminary assessment of the potential for various Canadian initiatives to reduce prison populations, especially for Aboriginal offenders.
Abstract
There have been significant changes in criminal justice policy in Canada in the past 2 years. Among these was Bill C-41, which received Royal Assent on July 13, 1995, and came into force on September 3, 1996. It amended the sentencing provisions of the Criminal Code of Canada. This legislation contains two provisions that are widely considered to have the most potential to reduce the use of imprisonment, especially at the provincial and territorial levels. Another related change in criminal justice policy in Canada has been the adoption of "restorative justice." A general overreliance on the use of imprisonment and Aboriginal overrepresentation in prisons have been longstanding problems in Canada. This initial assessment considers the "fit" between suitable candidates for the new justice approaches and those currently sentenced to prison. The paper argues that without broader guidelines for inclusions and adequate community resources to support them, it is unlikely these new initiatives will have much of an impact on incarceration levels. Without a better understanding of the problem, Aboriginal overrepresentation in correctional institutions is unlikely to change. 14 notes and 24 references