Sentencing
Sentencing is the stage of a criminal case at which the court determines and imposes the punishment for a convicted offender. Sentencing is governed by Parts XXII and XXIII of the Criminal Code and structured around the purposes, principles, and ranges set out in sections 718 through 718.21. A sentencing hearing follows a conviction at trial or a guilty plea; the court hears submissions from both sides, considers the relevant factors, and imposes a sentence.
Mass Tsang's criminal lawyers approach sentencing with the same rigour as trial. For more, see our blog post on sentencing in Canadian criminal law.
Purposes of sentencing
Section 718 sets out the purposes: to denounce unlawful conduct; to deter the offender and others (specific and general deterrence); to separate offenders from society where necessary; to assist in rehabilitation; to provide reparations for harm done; and to promote a sense of responsibility in offenders. The purposes are not ranked — sentencing courts balance them according to the case.
Fundamental principle: proportionality
Section 718.1 establishes the fundamental sentencing principle: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Proportionality is the central organizing principle. A sentence that is unduly harsh — or unduly lenient — fails the principle and can be appealed.
Other principles
Section 718.2 sets out additional principles: aggravating and mitigating factors must be considered; sentences should be similar to sentences imposed on similar offenders for similar offences (parity); the totality principle limits the cumulative sentence on multiple counts; restraint applies where less restrictive sanctions are appropriate; and special attention must be given to the circumstances of Indigenous offenders under section 718.2(e) and the Gladue principles.
Sentencing options
Canadian courts have a range of sentencing options: absolute discharge; conditional discharge; suspended sentence with probation; fine; restitution; community service; conditional sentence (community-based imprisonment); intermittent sentence (weekend custody); custodial sentence (provincial under 2 years or federal 2+ years); and various ancillary orders (DNA, weapons prohibition, SOIRA, section 161, driving prohibition). The options are not mutually exclusive — many sentences combine multiple components.
Process at sentencing
A sentencing hearing typically includes: the Crown's facts and position; the defence's facts and position; pre-sentence reports (where ordered); Gladue reports for Indigenous offenders; character letters and other mitigation evidence; victim impact statements; the offender's allocution (a personal statement to the court); and the court's reasons for sentence. Sentences can be appealed by either side.
Related glossary terms
