TOWARD A REVISED SENTENCING STRUCTURE FOR CANADA

Authors

  • KEITH JOBSON
  • GERRY FERGUSON

Abstract

Canada's current sentencing laws and classification schemes are archaic and inadequate. In this article, we outline a number of the more serious flaws in our, sentencing system. These flaws include the absence of a sentencing philosophy, a sentencing scheme which provides little or no direction to sentencing judges and results in serious sentencing disparities, and a sentencing system which is not sensitive to Charter guarantees of fundamental justice in areas such as mandatory punishment, parole, and dangerous offender provisions. In addition to describing the essential features of a new sentencing policy, we specifically recommend a major reclassification of current sentencing and offence structures, creation of "bench-mark" sentences, abolition of parole, and creation of a permanent Sentencing Commission.

Keywords:

Criminal Law

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Published

1987-03-01

Issue

Section

Legal Commentary