Deck 9: B: Sentencing and Parole in Canada

Question 1

What is the Aboriginal overrepresentation problem in Canadian corrections? What factors contribute to this overrepresentation,and what measures have been taken in Canada to reduce this problem?

Answer 1

• The most important issue that needs to be discussed here is the disproportionate involvement of Aboriginals in the Canadian criminal justice system, or the Aboriginal overrepresentation problem. For example, according to 2006 census data, Aboriginal people make up about 3% of the general population in Canada. However, in 2007-2008, Aboriginal adults were greatly overrepresented in both custody and community-based correctional programs at rates of about 17.5% (Perreault, 2009).
• Contributing factors include: Aboriginal persons may commit more crimes, their crimes are more likely to result in incarceration, they are processed differently by the criminal justice system, certain policies have adverse effects on disadvantaged populations such as Aboriginals
• Reducing the problem has involved the development of Gladue or Aboriginal courts, that are deemed to take into account factors relevant to Aboriginal offending when handing down sentences, use of restorative justice approaches and alternate forms of imprisonment such as Healing Lodges.

Question 2

Provide at least six of the factors that are available to be considered when the Parole Board of Canada assesses risk and parole options.

Answer 2

■ Statistical measures of an offender's risk to reoffend
■ The offender's criminal history
■ Social problems experienced by the offender,such as drug use and family violence
■ The offender's mental status
■ Information about the offender's relationships and employment history
■ Psychological or psychiatric reports
■ The offender's institutional behaviour
■ Opinions from other professionals,such as police officers
■ Information from victims
■ Information that indicates evidence of change and insight into the offender's own behaviour
■ Benefits derived from treatment that may reduce the risk posed by the offender
■ Performance on earlier releases
■ Any other information indicating whether release would pose a risk to society
■ The feasibility of the offender's release plans

Question 3

State the fundamental principle of sentencing as defined in Canada's Criminal Code.In addition,specify four other principles of sentencing.

Answer 3

-Fundamental principle of sentencing: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
-Additional principles:
a.A sentence should be adjusted to account for any aggravating or mitigating circumstances.
b.A sentence should be similar for offenders committing similar types of crimes under similar circumstances.
c.When consecutive sentences are imposed,the combined sentence should not be unduly harsh.
d.An offender should not be deprived of liberty (i.e.,imprisoned)if less restrictive sanctions are appropriate.
e.Wherever reasonable,sanctions other than imprisonment should be considered for all offenders.

Question 4

What is unwarranted sentencing disparity? List and describe the two major sources of unwarranted sentencing disparity.

Question 5

Identify and describe the four major types of parole in Canada.

Question 6

Discuss the difference in success rates and parole failures across offenders released on day and full parole relative to those granted statutory release.

Question 7

Identify and describe the five main sentencing options utilized in Canada.

Question 8

Define the need principle,risk principle,and responsivity principle.

Question 9

Many purposes of sentencing exist,including specific and general deterrence.State four additional purposes of sentencing.