Sentencing

Balfour, Gillian. (2013). “Do Law Reforms Matter? Exploring the Victimization-Criminalization Continuum in the Sentencing of Aboriginal Women in Canada” in International Review of Victimology, 19(1): pp.85–102.

This article explores the victimization-criminalization continuum in the sentencing of Aboriginal women in Canada.

Gorman, W. K. (2018). The Sentencing of Indigenous Offenders in Canada. Court Review54(2), 52–58.

Provincial Court Judge Wayne Gorman discusses the status of incarceration and sentencing of Indigenous people in Canada.

Lockwood, Krystal, Timothy C. Hart and Anna Stewart. (2015). “First Nations Peoples and Judicial Sentencing: Main Effects and the Impact of Contextual Variability” in British Journal of Criminology, 55(4): pp.769–789.

This study uses data of serious offences from Queensland’s lower and higher courts from 2009 to 2010 to discuss the over-representation of First Nations peoples throughout criminal justice systems.

Manikis, Marie. (2015). “Victim Impact Statements at Sentencing: Towards a Clearer Understanding of Their Aims” in University of Toronto Law Journal, 65(2): pp.85–123.

This article argues that the victim impact statement regime in Canada remains a legal no man’s land, with neither its role nor its aims being clearly defined and articulated.

Milward, D. (2019). Residential School Syndrome and the Sentencing of Aboriginal Offenders in Canada. Criminal Law Quarterly66(1–4), 254–293.

In this article Milward discusses how the courts can better address the crisis of over-incarceration of Indigenous persons in Canada.

Pomerance, Renee M. (December 2013). “The New Approach to Sentencing in Canada: Reflections of a Trial Judge” in Canadian Criminal Law Review, 17(3): pp.305–326.

This article is written from the perspective of a trial judge and explores the new approach to sentencing in Canada. Additionally, the author explores how a judge might deal with the application of laws with which he or she does not agree.

Reid, A. A. (2017). The Relative Utilization of Criminal Sanctions in Canada: Toward a Comprehensive Description of Sentencing Outcomes. Canadian Journal of Criminology & Criminal Justice59(4), 429.

This authors in this article proposes an alternative statistical approach to the traditional methods to evaluate sentencing outcomes.  They suggest that this alternative approach may provide a broader perspective in which criminal justice decision makers, practitioners, and the public may view sentencing practices in Canada.

Roberts, Julian V. and Howard H. Bebbington. (December 2013). “Sentencing Reform in Canada: Promoting a Return to Principles and Evidenced-Based Policy” in Canadian Criminal Law Review, 17(3): pp.327–347.

In this article, the authors discuss comprehensive solutions that could assist sentencing reform in Canada.

Spencer, D. (2018). The Hope Principle? Exploring an Unwritten Principle of Sentencing Law. Criminal Law Quarterly65(1–4), 414–442.

In this article Spencer discusses the role hope has played historically in Canadian sentencing law. Included is a discussion of the Multiple Murders Act and some the early cases that were tasked with interpreting this legislation.

WEBSTER, C. M., & DOOB, A. N. (2019). Missed Opportunities: A Postmortem on Canada’s Experience with the Conditional Sentence. Law & Contemporary Problems82(1), 163–197. 

This article discusses the history of conditional sentences in Canada, the challenges faced in implementing this sentencing reform and the effectiveness of the conditional sentence in reducing the use of imprisonment.

CASES CITED

R v Gladue, [1999] 1 SCR 688

R v Lavallee, [1990] 1 SCR 852

R v Lloyd, 2016 SCC 13

R v Nixon, 2011 SCC 34

R v Nur, 2015 SCC 15

R v Summers, 2014 SCC 26

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