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Sentencing in Canada
Essays in Law, Policy, and Practice
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.”
Contributors
David Cole
David Cole was called to the Ontario bar in 1975. He then practised as a defence counsel for sixteen years, specializing in legal issues relating to prisoners and parolees. Judge Cole was appointed to the Ontario Court of Justice in 1991. From October 1992 to 1996, he was seconded to act as co-chair of the Commission on Systemic Racism in the Ontario Criminal Justice System. Over the period 2018–20, he has been seconded to conduct 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. Judge Cole has taught sentencing courses at the University of Toronto Faculty of Law; Osgoode Hall Law School, York University; and the Centre for Criminology, University of Toronto. He is the co-author of Release from Imprisonment: The Law of Sentencing, Parole and Judicial Review (Carswell, with A Manson, 1991) and the co-editor of Making Sense of Sentencing (University of Toronto Press, with JV Roberts, 1999).
Julian Roberts
Julian Roberts, University of Oxford, holds a PhD in psychology from the University of Toronto and an LLM from the University of London. He was an adviser to the ALI Model Penal Code Sentencing Project and a visiting professor at the L’Universita di Ferrara; Haifa Law School; School of Law, King’s College London; University of Cambridge; University of Toronto; the Catholic University of Leuven; and the Université libre de Bruxelles. His books include Paying for the Past: The Case Against Prior Record Sentence Enhancements (Oxford University Press [OUP], with R Frase, 2019); Punishing Persistent Offenders: Exploring Community and Offender (OUP, 2008); The Virtual Prison: Community Custody and the Evolution of Imprisonment (Cambridge University Press [CUP], 2004); Sentencing for Murder (Hart Law, with B Mitchell, 2012); Understanding Public Attitudes to Criminal Justice (OUP, with M Hough, 2005); Penal Populism and Public Opinion (OUP, 2003); Mitigation and Aggravation at Sentencing (CUP, 2011); Predictive Sentencing (Hart Law, with J De Keijser and J Ryberg, eds, 2019); Sentencing Multiple Crimes (OUP, with J Ryberg, eds, 2018); Previous Convictions at Sentencing (Hart, with A von Hirsch, eds, 2012); Principled Sentencing (Hart, with A von Hirsch and A Ashworth, eds, 2009); Popular Punishment (OUP, with J Ryberg, ed, 2018); and Sentencing Guidelines (OUP, with A Ashworth, 2013).
