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Sentence Upon Conviction
Involves Court Review of the Principles and Purpose of Sentencing
Last Updated: August 22 2026
Question: How does section 718 of the Criminal Code determine a sentence after conviction?
Answer: After a criminal conviction in Ontario, judges apply the sentencing principles and purposes in Criminal Code, R.S.C. 1985, c. C-46, section 718 to impose just sanctions that protect society and support crime prevention, then weigh specific objectives like denouncing unlawful conduct, deterring the offender and others, separating offenders when necessary, rehabilitating, providing reparations for harm, and promoting accountability for victims and communities. If you need help preparing for sentencing, submissions, or LSO tribunal representation, Lo Greco Law offers 30+ year experienced lawyer services and can explain what section 718 means for your circumstances and next steps, call (416) 488-4110.
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Understanding the Principles and Purpose of Sentencing Upon Conviction of a Criminal Code Offence
Sentencing in the criminal justice system represents a pivotal moment of accountability and consequence for those convicted of criminal offences. The principles and purposes guiding sentencing are enshrined within section 718 of the Criminal Code of Canada, R.S.C. 1985, c. C-46, wherein the objectives and criteria that judges must consider when handing down sentences are outlined and whereas such objectives and criteria are to assist judges in ensuring that justice is served fairly and appropriately for all persons directly involved, being the offender or offenders, as well as all affected persons such as the victim or victims.
Note: Please contact Lo Greco Law by phone at: (416) 488-4110 to discuss any specific questions that you may have.
The Law
Within section 718 of the Criminal Code, is the framework or review criteria intended to assist courts with maintaining consistency and fairness across sentencing decisions. Specifically, section 718 states:
Purpose
718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.
As per section 718 above, the primary goals of sentencing under this section include: denunciation, deterrence, separation of offenders from society, rehabilitation, reparation for harm done to victims or the community, and the promotion of a sense of responsibility in offenders. These objectives collectively aim to balance the interests of the public, the victim, and the offender, fostering a just and equitable legal system.
Challenges Within Sentencing: Balancing Multiple Objectives
Implementing the principles outlined in section 718 presents several challenges whereas the complexity of criminal cases, the varying circumstances of offenders, and the broad spectrum of public opinions, make the task of sentencing both nuanced and significant.
- Balancing Competing Objectives: One primary challenge lies in balancing the multiple objectives of sentencing. For instance, while rehabilitation focuses on reintegrating offenders into society, denunciation aims at expressing societal disapproval of the criminal act, which might demand a harsher sentence.
- Consistency and Fairness: Ensuring consistent sentencing while accounting for the unique factors of each case can be difficult. Judges must navigate these complexities to avoid unjust disparities in sentencing.
- Victim and Community Reparation: Addressing the needs and impacts on victims and the community is vital. Determining appropriate reparations can be complex, especially in cases involving severe or wide-reaching harm.
Comprehensive Analysis of Sentencing Principles
To better understand how these principles are applied, it is essential to delve into each objective's components and implications:
- Denunciation: This principle ensures that the court's sentence communicates societal condemnation of the offence. It plays a critical role in upholding community values and deterring similar crimes.
- Deterrence: Sentences should deter not only the specific offender (specific deterrence) but also the general public (general deterrence) from committing similar offences. This aims to reduce the overall rate of criminal activity.
- Rehabilitation: Rehabilitation focuses on reforming the offender's behaviour and reintegrating them into society as a law-abiding citizen. This can involve treatment programs, education, and community service.
- Reparation: Reparation seeks to address the harm caused to victims and the community. This could include compensatory measures or restorative justice practices, fostering healing and reconciliation.
- Responsibility: Encouraging offenders to acknowledge and take responsibility for their actions is crucial for their personal growth and societal reintegration, reducing the likelihood of reoffending.
Benefits and Recommendations for Effective Sentencing
To address the aforementioned challenges, implementing effective strategies and solutions is paramount. Here are a few recommendations:
- Appropriate Training for Judges: Ensuring judges receive comprehensive training on the objectives and nuances of section 718 can facilitate consistent and fair sentencing decisions.
- Incorporating Restorative Justice: Utilizing restorative justice practices, such as mediation and community service, can enhance offender accountability and victim satisfaction.
- Ensuring Access to Rehabilitation Programs: Providing offenders with access to quality rehabilitation programs can address underlying issues and facilitate a successful reintegration into society.
Examining a Landmark Legal Citation
In the well-known case of R v. Gladue, [1999] 1 S.C.R. 688, the Supreme Court of Canada emphasized the need for sentencing courts to consider the unique circumstances of Indigenous offenders. This landmark decision highlighted the importance of rehabilitation and restorative justice, paving the way for more culturally sensitive sentencing practices across Canada.
Conclusion
Understanding the principles and purposes of sentencing under section 718 of the Criminal Code is crucial for appreciating the complexities of the criminal justice system. By balancing the various objectives of sentencing, courts aim to achieve fairness, promote justice, and reduce future criminal activity.
