Canadian Criminal Sentencing

This book is a reference for practitioners, police officers, and law students who need a convenient way to look up legislation, principles, and case law. The reader is assumed to already have a knowledge of criminal law.

There is no guarantee whatsoever as to the accuracy, completeness, or currency of the information provided in this or any other companion text. Nothing here should be taken as legal advice.

For recent developments on these series of books see News on Canadian Criminal Law series.

CAUTION: this wikibook ceased active development in 2012. A more up-to-date branch of this text can be found at http://criminalnotebook.ca. 

Contents

• Introduction

Principles and Factors

• Purpose and Principles of Sentencing
  • Totality
  • Aboriginal Offenders
• Factors of Sentencing

Tools of Sentencing

• Available Sentences
  • Discharges
  • Suspended Sentences and Probation
  • Fines
  • Restitution
  • Imprisonment
  • Concurrent and Consecutive Sentences
  • Maximum and Minimum Sentences
• Ancillary Orders
  • Weapons Prohibition Orders
  • DNA Orders
  • SOIRA Orders
  • Driving Prohibition Orders
  • Forfeiture Orders
    • Proceeds of Crime
    • Offence-related Property
    • Offence-related Property Under the Controlled Drugs Substances Act
    • Detention and Forfeiture Under Section 490

Procedure

• Procedure
  • Overview of Sentencing
  • Guilty Plea
  • Notice of Increased Penalty
  • Evidence
  • Pre-Sentence Report
  • Victim Impact Statement
  • Plea Bargain
  • Sentencing Circles

Sentencing by Offences

• Offences
  • Weapons Offences
  • Sexual Offences
  • Offences of Violence
  • Homicide
  • Disorderly Conduct
  • Gambling and Gaming
  • Hate Speech and Libel
  • Administration of Justice Offences
  • Motor Vehicle Offences
  • Property Offences
  • Drug Offences

Serving Sentences and Afterwards

• Parole
• Long-term and Dangerous Offender Designation
• Criminal Records

Young Offenders

• Young Offenders

Appendix

• Case Digests
• Checklist
• Offence Charts