Abstract
In Canada, sentencing strategies have been actively debated and reformed since
the early 1980’s. Sentencing policies are seen as mechanisms that can be used to deter
crime and criminal actively. Canadian Parliament continues to implement legislative
sentencing reforms that favour harsher, more punitive sentencing policies that are
believed to deter offenders from committing crimes, such as mandatory minimum
sentences. However, there is little evidence supporting these policies as effective
measures that reduce offender recidivism and crime. Many similar jurisdictions that have
previously implemented legislation supporting the use of mandatory minimum sentences
have begun to amend and repeal legislation that supports their use, as research continues
to expose what little benefits they have in comparison to the heavy fiscal and social costs
that are incurred due to their use.
In 2012, the Safe Streets and Communities Act, otherwise known as Bill C-10,
made sweeping reforms to the Criminal Code. While Bill C-10 brought into force various
changes to the criminal justice system, one of the most significant components of this bill
were amendments made to the Controlled Drugs and Substances Act (CDSA), which
increased pre-existing mandatory minimum sentences (MMS) and introduced new
minimums for various drug-related offences. Amendments to the CDSA also broadened
aggravating circumstances that can increase the length of a MMS for drug-related offences. Bill C-10 also amended s. 742.1 of the Criminal Code, restricting the use of
conditional sentences of imprisonment through heightened eligibility restrictions. While
conditional sentences of imprisonment (CSI) are still seen as a punitive sentencing
measures, they also contain measures that focus on offender rehabilitation that have been
proven to be more effective than incarceration. Due to these changes, federal and
provincial governments will incur greater fiscal costs due to an increase in trial costs,
correction costs and parole costs.1 These changes also induce greater social costs
associated with the criminal justice systems increased reliance on MMS as incarceration
is seen as a discourse that further impedes offender rehabilitation, which tends to
propagate offender recidivism.
Refereed
Yes
