Weathering the Storm? Testing Long-Standing Canadian Sentencing Policy in the Twenty-First Century

Abstract

In contrast with many Western nations, the structure of Canadian sentencing and its overall effects on imprisonment did not change dramatically over the past century. To a large extent, Parliament left sentencing to judges. Broadly speaking, imprisonment was seen as a necessary evil to be used sparingly. Sentencing principles legislated in 1996 largely reflected the status quo. However, the period 2006–15 reflected a dramatic break. The Conservative government in power repeatedly attempted to restrict judicial discretion. Prison was touted as the solution to crime. Scores of politically motivated modifications were introduced to sentencing legislation. Perhaps surprisingly, few of these changes had large effects on large numbers of people. There were no appreciable changes to imprisonment rates by the time of the Conservatives’ electoral defeat in October 2015.