Conditional Sentencing In Canada

The 'conditional sentence' was enacted in September 1996 as a new sentencing option for adult offenders. Under this new sanction, an offender could be ordered a term of imprisonment of less than two years to be served within the community. During the 2001 to 2002 period, the Canadian Centre for Justice Statistics conducted a special study of conditional sentences in correctional services in order to examine the impact of this new sentence on the administration of sentencing in Canada and to explore its application through an examination of caseloads and case characteristics. This report uses data from that special study, as well as the Adult Correctional Services Survey, to profile conditional sentence caseloads and case characteristics (e.g., length of sentence, most serious offence, conditions ordered), and offender characteristics (e.g., age, sex, Aboriginal/non-Aboriginal), nationally, provincially and territorially for the period of 1997 to 2001. Data on conditional sentences are also compared with probation and incarceration. Additional information describing jurisdictional administrative policies and procedures governing conditional sentences is also provided. The correctional services data have been supplemented with court data on conditional sentences from three jurisdictions: Newfoundland and Labrador, Ontario and Alberta.

The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer."--Pub. desc.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

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."

On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.