Sentencing in Canada

Essays in Law, Policy, and Practice


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Product Description

Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law—instead, the chapters examine the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume “will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing.”



Chapter 1: Introducing Sentencing in Canada by David Cole and Julian Roberts

Chapter 2: Sentencing Options and Sentencing Trends by Andrew A Reid

Chapter 3: Community-Based Sanctions by Dawn North

Chapter 4: Conditional Imprisonment: A Troubled Past and an Uncertain Future by Julian Roberts and David Cole

Chapter 5: Informing the Court: The Use of Pre‑sentence and Gladue Reports at Sentencing by Paula Maurutto

Chapter 6: The Role of the Prosecutor at Sentencing by Lia Di Giulio

Chapter 7: The Role of Defence Counsel at Sentencing by Naomi M Lutes

Chapter 8: Hearing the Victim at Sentencing by Marie Manikis

Chapter 9: The Role of Appellate Courts in Sentencing by Gary T Trotter

Chapter 10: Sentencing and Parole for Persons Convicted of Murder by Mary E Campbell and David Cole

Chapter 11: Sentence Administration and Parole by Nancy T Charbonneau and Kathryn E Ferreira

Chapter 12: Sentencing Indigenous Offenders: From Gladue to the Present and Beyond by Kent Roach and Jonathan Rudin

Chapter 13: How Sentencing Reform Movements Affect Women by Lisa Kerr

Chapter 14: Sentencing Mentally Disordered Offenders by Richard D Schneider

Chapter 15: Dangerous and Long‑Term Offenders by Mihael Cole

Chapter 16: Evaluating the Youth Sentencing Regime in Comparison with Adult Court by Andrea EE Tuck-Jackson

Chapter 17: Principles and Politics: Sentencing and Imprisonment Policy in Canada by Cheryl Marie Webster and Anthony N Doob

Chapter 18: Proportionality and the Experience of Punishment by Benjamin L Berger

Chapter 19: Sentencing in Canada: Current Issues and Concluding Thoughts by Julian Roberts and David Cole

Appendix A: Reasons for Sentence

Appendix B: Overview of Australia and New Zealand Legislative Provisions Relating to the Sentence Reductions for a Guilty Plea by Leila Tai

Appendix C: Example of a Typical Victim Impact Statement


Table of Cases


“[Cole and Roberts’] edited compendium chiefly focuses on topical and sometimes pressing and contentious sentencing issues which are critically located, engaged, and dissected by an impressive array of judges, lawyers, criminologists and legal scholars. The editors rightly characterize their overarching methodology as “multidisciplinary”. Dedicated criminal law practitioners seeking creative approaches to effective sentencing will be well served by the abundance of empirical data, scholarly resources and inspiring arguments that populate this book.”
Justice Melvyn Green, Criminal Law Quarterly, Vol. 69, 148-55
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