1. Chapter 9b Sentencing and Incarceration

2. Imprisonment – general facts Up to 6 months for most summary convictions 2 years to life for indictable convictions Some offences carry minimum penalties Pretrial custody is equal to twice time when considering a penalty No parole taken from the time No rehabilitation No recreational facilities

3. Incarceration 30 days or less – local detention centre 30 day to 2 years – provincial prison or reformatory 2 years or more – federal penitentiary May serve sentences concurrently or consecutively – judges discretion Intermittent sentence – served on weekends or at night Offender may keep a job Only if sentence in 90 day or less Also involve an issued probation order Principle of totality Guides sentencing – to prevent overlong prison terms for committing several similar offences

4. Sentencing Dangerous and Long-Term Offenders Guilty of committing a serious personal injury offence Indictable offence Other than treason or 1 st and 2 nd degree murder Little hope of rehabilitation Pose a threat to society Macdougal committed two rapes while on day parole in 1979. And in 1987, after being granted full parole, he kidnapped and repeatedly raped an Abbotsford woman. Also guilty of murder and robbery

5. Qualifiers of a Dangerous Offender One of the following conditions must be met: 1. Has a pattern of aggressive behaviour that is unlikely to change 2. Is indifferent to the consequences of his or her behaviour 3. Committed such a brutal offence that future behaviour is likely to be abnormal 4. Has sexual impulses that will likely cause injury or pain to others

6. Dangerous Offenders cont. “Dangerous Offender” declaration Made by a judge at a hearing following a psychiatric assessment Prospects for treatment or a cure – irrelevant Received an indeterminate sentence Detained indefinitely – until it can be shown that they are able to return to society and display normal behaviour Reviewed by the National Parole Board regularly

7. Russell Williams

8. “Long-term Offenders” If the crown cannot prove “dangerous offender” status Sexual offenders Repeatedly display behaviour that could cause death, injury, or psychological harm Would likely re-offend following a sexual offence Receives original sentence plus additional sentence of up to 10 years community supervision Lee Marvin Payne has been found not guilty of a sexual assault charge, but the Crown still wants him to be designated as a dangerous or long-term offender. (CBC) Nov. 16, 2010

9. Capital Punishment History 1962 – 2 categories Capital Murder (requiring the death penalty by hanging) Planned and deliberate murder Murder committed during a violent crime Murder committed under contract Murder of a police or correctional officer Non-capital Murder (up to life in prison) All other types of murder Capital murder convictions could be commuted by the federal Cabinet All being commuted Capital punishment debated in parliament (1967) 5 year suspension of capital punishment, extended in 1972

10. Capital Punishment 1976 parliament voted (6 vote margin) to abolish the death penalty for Criminal Code offences Video – Canada’s Hangman Debated again in 1984 Video – federal vote Remains a controversial issue A snapshot of the execution of Stanislaus La Croix in Hull, Que., on March 21, 1902. It was not until 1976 that Canada abolished civilian capital punishment — after a total of 710 people had been sent to the gallows. (National Archives of Canada/Canadian Press)