NCJ Number
189494
Journal
Justice Report Volume: 15 Issue: 3 Dated: 2000 Pages: 1,3
Date Published
2000
Length
2 pages
Annotation
This article describes the Judicial Accountability Act in Canada.
Abstract
If this bill becomes law it would create a new sentence registry. Every time a sentence is imposed for an offense which carries a maximum of 5 years or more, the registry will note the name of the judge, the maximum sentence possible under law, the actual sentence imposed, and any reasons the judge has given for imposing a sentence less than the maximum allowable. Because the maximum penalties in the Criminal Code are all badly out of date, the maximum penalty is never imposed because it is so unrealistically high. Usually, judges ignore the maximum penalty structure and sentence in a reasonable manner. The bill is based on a number of misconceptions. One is that sentencing in Canada is very lenient and is getting easier all the time. In fact, the incarceration rate is higher there than many other countries. In addition, the latest sentencing statistics released this year revealed that sentencing was actually getting harsher. Another misconception is that the public constantly wants harsher penalties. Scientific research shows that the public has a more sophisticated view of sentencing than they are usually given credit for. The proposed act has been denounced and dismissed by all informed commentators, as well as organizations that know about criminal law, such as the Canadian Bar Association. However, the support of the Attorney General and the Premier of Ontario may mean that it will become law. Whether the bill becomes law or not, it will stand for years as a tribute to thoughtless law reform, and a warning to the electorate to consider their options most carefully on election day.