lesson 9

Question 1

proportionality ( in sentencing )

Answer 1

the sentence must be proportionate to the gravity of the offense and to the degree of responsibility of the offender

Question 2

principle of restraint ( in sentencing )

Answer 2

ensures that the sentence that is imposed is a just and appropriate punishment and nothing more

Question 3

concurrent sentences

Answer 3

sentences that are amalgamated and served simultaneously

Question 4

consecutive sentences

Answer 4

sentences that are run separately and are completed one after the other

Question 5

judicial determination

Answer 5

an order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole

Question 6

IRCA - impact of race and culture assessment

Answer 6

a pre-sentence report prepared for black and racialized Canadians before the court that includes information explaining how poverty, systemic racism and discrimination, marginalization, and social experiences have shaped the offender’s life and experiences with the justice system.

Question 7

gladue report

Answer 7

a report prepared prior to sentencing of indigenous offenders that sets out historical events that may be related to the offender’s conflict with the law and criminal behavior

Question 7

gladue decision

Answer 7

a decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of indigenous people

Question 8

dangerous offender

Answer 8

a designation made by the judge after a conviction that results in an indeterminate term of imprisonment in a federal correctional institution

Question 9

long-term offender

Answer 9

a designation under section 753.1 of the Criminal Code that requires the offender to spend up to 10 years under supervision following the expiry of their sentence

Question 10

sentencing disparity

Answer 10

different sentences being meted out for similar offenses committed by similar offenders in similar circumstances

Question 11

collateral consequences of sentencing

Answer 11

the sanctions and prohibitions that are placed on persons convicted of criminal offenses ( and their families), particularly those offenders who have been incarcerated.

Question 12

case law

Answer 12

law that is established by previous Court decisions and based on the rule of precedent

Question 13

VIS- victim impact statement

Answer 13

a submission to a sentencing court explaining the emotional, physical, and financial impact of the crime

Question 14

circle sentencing

Answer 14

a restorative justice strategy that involves collaboration and consensual decision making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders