section 718.01

INTRODUCTION AND BRIEF DESCRIPTION

Courts must prioritize denunciation and deterrence in sentencing for offences involving abuse of a person under 18 years old.

SECTION WORDING

718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

EXPLANATION

Section 718.01 of the Criminal Code of Canada serves as a guiding principle for judges in determining an appropriate sentence for an offender who has committed a crime involving the abuse of a person under the age of eighteen years. This section mandates that the court must prioritize the objectives of denunciation and deterrence in such cases. Denunciation is the act of publicly condemning the offender's actions to send a signal that the behaviour is reprehensible and will not be tolerated by society. This is important in crimes involving children, where the abuse is a violation of the most vulnerable members of society. Deterrence is another critical aspect that this section aims to achieve. It means preventing an offender from committing such heinous acts in the future by providing a punitive sentence. To reduce recidivism, it is essential to impose sentences that adequately convey the gravity of the offender's actions. As such, the sentencing must ensure that the offender is held accountable for their actions, and the punishment is significant enough to deter them and others from repeating such behaviour. In cases involving child abuse, providing priority to these objectives ensures that the sentencing promotes the safety of children and protects society from threats to one of the most vulnerable groups. It is a strong signal that the Canadian justice system values the protection of children and takes a firm stance against offenders who harm them. Overall, section 718.01 of the Criminal Code of Canada establishes a vital framework for judges to ensure that they prioritize the objectives of denunciation and deterrence, particularly in cases involving the abuse of children.

COMMENTARY

Section 718.01 of the Criminal Code of Canada is an essential law that emphasizes the protection of minors from abuse. It requires courts to consider the objectives of denunciation and deterrence when sentencing individuals who commit crimes involving the abuse of minors under the age of eighteen. The section is significant because it acknowledges the unique vulnerability and powerlessness of young people who are subjected to abusive behavior. The primary objective of this section is to denounce the abuse of minors and deter individuals from committing similar offenses in the future. Denunciation is a process that involves communicating society's moral condemnation of certain conduct. It sends a message to society that there is no tolerance for abusive behavior towards minors. Additionally, the objective of deterrence is to prevent individuals from committing similar offenses by imposing harsher penalties that discourage them from committing crimes again. The importance of this section lies in recognizing the trauma and harm that children face when subjected to abuse. Child abuse is a heinous crime, which leaves devastating effects on the victims, such as physical, emotional, and psychological scars and trauma, which can last a lifetime. Victims of abuse might suffer from depression, anxiety, post-traumatic stress disorder (PTSD), and even suicidal tendencies. Therefore, the Criminal Code of Canada's section 718.01 highlights the responsibility society has towards protecting vulnerable minors from abuse and holding perpetrators accountable for their actions. The section also assures Canadians that minors who suffer abuse will receive the justice they deserve. Courts will take into account the particular vulnerability of minors when deciding on a sentence and ensuring that the punishment fits the crime. This is vital as the Canadian justice system seeks to ensure that perpetrators are held accountable for their actions and that there are consequences for such behavior. Moreover, this section emphasizes the importance of preventative measures such as education, awareness campaigns, and other initiatives that aim to protect minors from abuse. By deterring would-be perpetrators, those responsible for enforcing the law help to create a safer environment for minors, where they can grow and develop without fear of being abused. The Criminal Code of Canada's section 718.01 has created a framework for tackling the issue of child abuse and has increased awareness of this problem. It sends a message that child abuse will not be tolerated in Canada and will be treated with the utmost severity under the law. It also highlights the importance of protecting children from such abuse and holding individuals accountable for their actions. In conclusion, the Criminal Code of Canada's section 718.01 is crucial in emphasizing the importance of denunciation and deterrence concerning the abuse of minors. It highlights the significance of protecting vulnerable individuals and ensuring they receive justice while also promoting preventative measures aimed at reducing future incidents of abuse. This section is an essential tool in addressing this issue and ensuring the safety and protection of minors.

STRATEGY

Section 718.01 of the Criminal Code of Canada states that when a court imposes a sentence for an offense involving the abuse of a person under the age of eighteen, it must consider the objectives of denunciation and deterrence. Denunciation refers to the expression of society's disapproval of the offender's conduct, while deterrence refers to discouraging future offenders from committing the same offense. With this in mind, there are several strategic considerations that one must consider when dealing with this section of the Criminal Code of Canada. The first strategic consideration is to ensure that the proper sentence is imposed. When dealing with offenses involving the abuse of a person under eighteen years of age, it is crucial to ensure that the sentence imposed is commensurate with the offense committed. This is because the sentence imposed sends a message to society about how seriously the legal system takes this crime. Therefore, the sentencing judge must ensure that the sentence is serious enough to show that such conduct is not acceptable. The second strategic consideration is to ensure that the sentence imposed achieves the primary objectives of denunciation and deterrence. Denunciation is necessary in cases that involve the abuse of minors because such offenses are seen as particularly heinous. Therefore, the sentence must reflect the severity of the crime and the public's outrage towards such conduct. Additionally, deterrence is important in preventing future offenders from committing similar offenses. Therefore, the sentence must be severe enough to discourage other potential offenders from committing similar crimes. The third strategic consideration is the role of restorative justice in cases involving the abuse of minors. Restorative justice involves repairing the harm caused by the offense, promoting healing, and encouraging rehabilitation. This approach focuses on both the offender and the victim and aims to restore the harm caused to the victim. Therefore, it may be necessary to consider the restoration of the victim's life as part of the sentence imposed. There are several strategies that could be employed when dealing with this section of the Criminal Code of Canada. For instance, in cases where the offense is egregious, the court may opt for a "prison first" approach where the offender is immediately incarcerated. The prison sentence sends a message to society about the seriousness of the offense. Additionally, it deters other potential offenders from committing similar crimes. Another strategy that could be employed when imposing sentences for offenses involving the abuse of minors is a rehabilitative approach. This approach is suitable for offenses that are not so egregious but have the potential to escalate if left unchecked. The rehabilitation approach often involves therapy, counseling, and community service. This approach can be vital in re-integrating the offender back into society while also serving as a deterrent. Furthermore, it is essential to consider the impact of the sentence on the victim. Courts may opt for the victim's involvement in the sentencing process, such as providing a victim impact statement. This approach ensures that the victim's voice is heard, and the court considers the impact of the offense on the victim when imposing the sentence. In conclusion, Section 718.01 of the Criminal Code of Canada emphasizes the need to consider the primary objectives of denunciation and deterrence when imposing sentences for offenses involving the abuse of minors. It is crucial to ensure that the sentence imposed reflects the severity of the crime and discourages future offenders from committing the same offense. When dealing with such cases, it is vital to consider restorative justice, the role of the victim, and the potential for rehabilitation. The right strategy should be considered for each specific case to achieve the best outcome.