NCJ Number
89154
Date Published
1983
Length
12 pages
Annotation
The criminal law should promote sentencing that provides for reconciliation between the victim, the community, and the offender as well as compensation for victims' injuries, and these goals are often served by sentencing that does not involve incarceration.
Abstract
Canada's Federal Government has a policy that penal sanctions are justified only when other means of social intervention are inadequate or inappropriate. As this principle becomes more clearly reflected in practice, there should be less recourse to incarceration, notably short prison sentences for nonviolent offenders. The Government is fostering amendments to the Criminal Code which facilitate the use of such sentencing options as restitution and community service orders. Also, the Department of Justice has sought to cooperate with provincial officials in providing financial support for evaluations of programs that are alternatives to short prison sentences. A major obstacle to the uniform and frequent use of sentences that do not involve imprisonment is the traditional mindset of those responsible for sentencing, which thinks first and foremost of imprisonment as the logical and proper response to all criminal behavior. This mindset has produced prison overcrowding, which has in turn prompted corrections administrators to develop programs designed to ensure the early release of those serving short prison terms. This is an inadequate solution to a problem that should be resolved by reforming the sentencing process. The Department of Justice has established a consultation process pertaining to sentencing policies, as recommended in the Law Reform Commission's preliminary studies. It is hoped this project will produce concrete proposals that will permit the tabling of draft legislation in Parliament by the fall of 1983.