Flexible Sentencing Bill

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At consideration in committee in the Senate

S-213
April 26, 2022 (3 years ago)
Canadian Federal
Senate
Third reading
0 Votes
Full Title: An Act to amend the Criminal Code (independence of the judiciary)
Criminal Justice

Summary

This bill amends the Criminal Code, allowing courts more flexibility in sentencing and handling prohibition orders, particularly for cases with minimum penalties. The goal is to enable judges to tailor sentences based on the unique circumstances of each case.

What it means for you

Groups that may be impacted include offenders facing criminal charges, victims of crime, legal professionals, and taxpayers. Offenders may benefit from potentially less severe punishments and access to rehabilitation programs. Conversely, victims might feel concerned about the implications of more lenient sentences for serious offenses.

Expenses

Financial implications involve costs for the justice system and taxpayers. Supporters argue rehabilitation programs could save money compared to long-term incarceration, reducing strain on prison resources. Critics, however, warn that increased judicial discretion might lead to higher expenses due to the need for more in-depth pre-sentencing evaluations and potential inefficiencies in the court system resulting from the additional documentation requirement.

Proponents view

Supporters believe this bill will lead to fairer, individualized sentencing that takes into account the circumstances of each defendant. They argue it promotes rehabilitation over punishment, potentially reducing recidivism and benefitting society in the long run.

Opponents view

Opponents fear that the changes could lead to inconsistencies in sentencing and compromise public safety. They worry that greater discretion might result in lenient sentences for serious crimes, damaging trust in the legal system and harming accountability. There are concerns that the added documentation requirement could slow down proceedings, leading to backlogs and inefficiencies.

Original Bill