Overview

Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law—instead, the chapters examine the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume “will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing.”

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9781552215395

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Reviews

[Cole and Roberts'] edited compendium chiefly focuses on topical and sometimes pressing and contentious sentencing issues which are critically located, engaged, and dissected by an impressive array of judges, lawyers, criminologists and legal scholars. The editors rightly characterize their overarching methodology as multidisciplinary . Dedicated criminal law practitioners seeking creative approaches to effective sentencing will be well served by the abundance of empirical data, scholarly resources and inspiring arguments that populate this book.--Justice Melvyn Green, Criminal Law Quarterly, Vol. 69, 148-55

Author Information

David Cole was appointed to the Ontario Court of Justice in 1991. From 1992-1996, he acted as co-chair of the Commission on Systemic Racism in the Ontario Criminal Justice System. Over the period 2018-20, he conducted an independent review of the use of segregation in Ontario's correctional facilities, with particular attention to the issues confronting mentally ill prisoners detained on remand or after sentencing. Julian Roberts (PhD, University of Toronto; LLM, University of London), University of Oxford. Adviser to the ALI Model Penal Code Sentencing Project. Visiting professor at Universita di Ferrara; Haifa Law School; School of Law, King's College London; University of Cambridge; University of Toronto; and others. Benjamin L Berger is a professor and York Research Chair in Pluralism and Public Law at Osgoode Hall Law School, York University. His areas of research and teaching specialization are criminal and constitutional law and theory, the law of evidence, and law and religion. He is the author of Law's Religion: Religious Difference and the Claims of Constitutionalism (University of Toronto Press, 2015) and a co-editor of Criminal Law and Procedure: Cases and Materials (Emond) and Evidence: A Canadian Casebook (Emond). He is a general editor of the Hart series titled Constitutional Systems of the World. Mary E Campbell is a lawyer (LLM McGill) and human rights advocate with expertise in sentencing, corrections, and community reintegration. She retired as director general of the Corrections and Criminal Justice Directorate in the federal Department of Public Safety Canada, having provided advice and support for more than twenty-nine years to fourteen ministers on a broad range of domestic and international program, policy, research, and legislative issues. Campbell now works pro bono with persons under sentence and post-sentence and with non- profit organizations. She also writes on current corrections issues, provides expert testimony in legal actions, advises governments, and participates in judicial education. Nancy T Charbonneau is a sole practitioner practising in the areas of prison law and child protection in Ontario. About 80 percent of her practice is parole. Before starting her law practice in 2005, Charbonneau worked as a corrections policy adviser for the Ontario Ministry of Community Safety and Correctional Services (MCSCS) overseeing policies related to inmate transportation and the provincial parole board. Charbonneau studied law at McGill University, where she obtained degrees in common law and civil law. Prior to that, she studied philosophy at the University of Ottawa. Mihael Cole is an assistant Crown attorney and has been for more than a decade. He regularly appears in both superior and provincial courts. For many years, his practice has focused predominantly on sexual assault and child abuse. His current title is ""High Risk Offender Crown for the Toronto Region."" Cole is also the past president and a current board member of the Canadian Criminal Justice Association. He is the proud father of two young boys. Lia Di Giulio is Crown counsel in the Serious Fraud Office with the Ministry of the Attorney General in Toronto. She holds an LLB from the University of Windsor Law School and was called to the bar in 2004. She also holds a master of arts degree in Criminology from the University of Ottawa. From 2004 to 2015, Di Giulio was an assistant Crown attorney in the Region of Peel, where she successfully prosecuted a range of complex Criminal Code offences in the Ontario and Superior courts of justice. From 2015 until joining the Serious Fraud Office in 2018, Di Giulio worked as senior litigation counsel with the Ontario Securities Commission's Joint Serious Offences Team, prosecuting complex securities fraud and other serious breaches of the Ontario Securities Act. Anthony N Doob is a professor emeritus of criminology at the Centre for Criminology and Sociolegal Studies, University of Toronto. He graduated from Harvard in 1964 and received his PhD (in psychology) from Stanford University in 1967. He was a member of the Canadian Sentencing Commission (1984-87), is a fellow of the Royal Society of Canada, and was named a member of the Order of Canada in 2014. He has researched and written on a wide range of topics related to the youth and adult justice systems. Kathy E Ferreira is the director of the Queen's Prison Law Clinic, a student-based clinic funded by Legal Aid Ontario to assist federally incarcerated prisoners in the Kingston area with parole and any prison-related issues, including addressing systemic injustices. She has practised in the area of prison law with the clinic since shortly after she was called to the bar in 2002. She teaches Law 418: Clinical Prison Law at the Faculty of Law, Queen's University. Lisa Kerr, JD (UBC), LLM, JSD (New York University), is assistant professor at Queen's University, where she is the director of the Criminal Law Group and teaches courses on criminal law, sentencing, and prison law. Professor Kerr was previously staff lawyer at Prisoners' Legal Services in British Columbia. She completed her doctorate at New York University as a Trudeau Scholar. She has worked on strategic litigation with Pivot Legal Society and the Queen's Prison Law Clinic. She also serves on the board of the BC Civil Liberties Association. Naomi Lutes is a criminal lawyer who practises with the law firm of Greenspan Humphrey Weinstein LLP in Toronto. She graduated with Honours from the University of Toronto Faculty of Law in 2010. Lutes has a diverse practice, defending both individual and corporate clients at trial and appeal. She also assists lawyers and regulated health professionals facing allegations of professional misconduct. She has appeared before courts of all levels in Ontario as well as before the Supreme Court of Canada. Marie Manikis is an associate professor and William Dawson Scholar at the Faculty of Law of McGill University. She researches and teaches in the areas of criminal justice, criminal law, sentencing, and criminal procedure. She completed her doctorate at the University of Oxford (2014) and has provided evidence-based reports to various policy makers, including the Department of Justice in Canada, the Federal Ombudsman for Victims of Crime, the Ministry of Justice in England and Wales, and the Canadian Senate. Paula Maurutto is an associate professor in the Department of Sociology and cross-appointed at the Centre of Criminology and Sociolegal Studies at the University of Toronto. She has published in the areas of risk theory, racialized surveillance, urban security, the voluntary sector, and specialized courts. Her current research examines the increased use of risk-based technologies in the criminal justice system with a specific focus on how actuarial algorithms and big data logics are creating new patterns of penal governance. Dawn North is a doctoral candidate in the School of Criminology at Simon Fraser University, Burnaby, British Columbia. Employed in the court system since 1985, she most recently worked at the Office of the Chief Judge (BC Provincial Court) from 2007 to 2015. Her research interests include sentencing reform, conditional sentence orders, court scheduling models, and the shift towards administrative processes as alternatives to the formal justice system. Andrew A Reid is a faculty member in the Criminology Department at Douglas College, New Westminster, British Columbia. He holds a PhD from the School of Criminology at Simon Fraser University. His research is broadly centred on issues related to criminal justice in Canada, with a more specific focus on sentencing. Kent Roach, CM, FRSC, professor of law at the University of Toronto, Prichard-Wilson Chair in Law and Public Policy. Elected a Fellow of the Royal Society of Canada in 2002 and appointed a member of the Order of Canada in 2015. Awarded a Trudeau Fellowship in 2013 and the Canada Council awarded him the Molson Prize for his contributions in 2017. Jonathan Rudin received his LLB and LLM from Osgoode Hall Law School. In 1990, he was hired to establish Aboriginal Legal Services (ALS) and has been with ALS ever since. Rudin has appeared before all levels of court, including the Supreme Court of Canada, where he represented ALS in R v Ipeelee (and other cases). His book, Indigenous People and the Criminal Justice System, published by Emond in 2018, won the Walter Owen Book Prize from the Canadian Foundation for Legal Research. He teaches on a part-time basis at York University. Beyond these legal activities, he plays the mandolin and sings with Gordon's Acoustic Living Room, a group that performs regularly in Toronto and has several videos on YouTube. The Honourable Richard D. Schneider is a justice of the Ontario Court of Justice, where he presides at Toronto's Mental Health Court, and alternate chair of the Ontario and Nunavut Review Boards. He is also an assistant professor in the Department of Psychiatry, Faculty of Medicine, at the University of Toronto, and an adjunct lecturer in the Faculty of Law, University of Toronto. Prior to his appointment to the bench, Justice Schneider was a criminal defence lawyer, a clinical psychologist, and counsel to the Ontario Review Board. He was recently appointed honorary president of the Canadian Psychological Association. He has published extensively in the area of mental disorder and the law. Gary T Trotter received an LLB from the University of Toronto, an LLM from Osgoode Hall Law School, as well as an MPhil and a PhD from the University of Cambridge. He was a lawyer with the Crown Law Office (Criminal) in Toronto before becoming a law professor (and then Associate Dean and Acting Dean) at the Faculty of Law at Queen's University. He was appointed to the Ontario Court of Justice in 2005 and then to the Ontario Superior Court of Justice in 2008. Andrea EE Tuck-Jackson has presided as a judge of the Ontario Court of Justice since 2006. She sits in the Toronto Region, where she hears both adult and youth criminal cases. She is a member of the Adjunct Faculty at Osgoode Hall Law School (York University). Justice Tuck-Jackson is also a frequent contributor to legal education programs for lawyers and judges in the areas of criminal law, evidence, and sentencing. Cheryl Marie Webster received her MA in Sociology from the Instituto Superior de Ciências do Trabalho e da Empresa, Lisbon, Portugal, and her PhD in Criminology from the University of Toronto. She was subsequently awarded a post-doctoral fellowship at the University of Toronto Faculty of Law before accepting an academic position at the University of Ottawa. She is currently a professor in the Department of Criminology. Her research has focused on the effectiveness of general deterrence as applied to sentencing, trends in pretrial detention, and, more recently, the operation of bail courts, the development of Canadian criminal justice policy, and variation in imprisonment rates in Canada and abroad.

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