INTRODUCTION AND BRIEF DESCRIPTION
If an offender is serving multiple periods of imprisonment, they will be considered as one sentence for the purpose of certain sections of the Corrections and Conditional Release Act.
SECTION WORDING
742.7(3) If an offender is serving both a custodial period referred to in subsection (2) and any other period of imprisonment, the periods shall, for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act, be deemed to constitute one sentence of imprisonment.
EXPLANATION
Section 742.7(3) of the Criminal Code of Canada is related to the sentencing of offenders who are serving multiple sentences including a custodial period and other imprisonment period. The main intention of this section is to address the issue of multiple sentences that an offender is serving and to ensure that they are treated fairly. This section provides that if an offender is serving a custodial period under subsection (2) of the Criminal Code of Canada and also serving another period of imprisonment, then those periods of imprisonment will be deemed to constitute one sentence of imprisonment for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act. In simple terms, if an offender is convicted of multiple offences and is serving separate sentences for each offence, then this section ensures that the periods of imprisonment are served concurrently rather than cumulatively. Therefore, the offender will serve only one sentence of imprisonment instead of multiple sentences. The purpose behind this section is to promote consistency in sentencing and to avoid unnecessarily burdening the criminal justice system by requiring an individual to serve multiple sentences consecutively. Additionally, it ensures that an offender is not unfairly penalized with an excessively long sentence due to multiple sentences in cases where the offences may have been committed as part of a single act or event. Overall, the objective of section 742.7(3) is to ensure that the sentencing of an offender is fair and that the punishment is proportionate to the crime committed.
COMMENTARY
Section 742.7(3) of the Criminal Code of Canada is an important provision that helps to ensure that offenders who are serving both a custodial period referred to in subsection (2) and any other period of imprisonment do not face undue administrative or legal burdens. This provision ensures that such offenders are treated as if they are serving one sentence of imprisonment, which makes it easier for them to access parole, rehabilitation, and other programs that are necessary for their successful reintegration into society. The purpose of this provision is to simplify the way that sentences are administered and to reduce the amount of time and resources that would otherwise be required to manage multiple overlapping sentences. By treating the sentences as if they are one, the offender is more easily able to determine when they will be eligible for release, and correctional staff are better able to manage their progress in prison. One of the main benefits of this provision is that it facilitates the implementation of the principle of proportionality in sentencing. This principle holds that the punishment should fit the crime, and that the severity of the punishment should be proportional to the seriousness of the offence. By treating multiple sentences as one, this provision helps to ensure that the offender does not face a disproportionately severe punishment. Another benefit of this provision is that it ensures that offenders are not subjected to multiple punishments for the same offence. In cases where an offender has committed multiple offences, it is common for them to receive multiple sentences that run concurrently or consecutively. If the consecutive sentences were treated as separate, the offender would effectively be punished twice for the same offence. By treating the sentences as if they are one, this provision helps to ensure that the offender is not subjected to such double punishment. In addition, this provision helps to facilitate the timely reintegration of offenders into society. By treating multiple sentences as one, it helps to ensure that offenders are released from prison as soon as they are eligible for parole or other forms of early release. This is important because the longer an offender remains in prison, the more difficult it is for them to successfully reintegrate into society. Overall, Section 742.7(3) of the Criminal Code of Canada is an important provision that helps to ensure that offenders who are serving multiple sentences do not face undue administrative or legal burdens, and that their sentences are proportional to the seriousness of their offences. By treating multiple sentences as one, this provision helps to facilitate the successful reintegration of offenders into society, while also reducing the amount of resources that are required to manage their sentences.
STRATEGY
Section 742.7(3) of the Criminal Code of Canada allows for the consolidation of a custodial sentence with any other period of imprisonment. This is significant as it allows for wrongdoers to serve their sentences concurrently, as opposed to consecutively. This is beneficial for the offender as it would typically result in a shorter overall sentence. However, this is not necessarily always the best approach to serving sentences and should be carefully considered before any decision is made. Strategic considerations should take into account the nature of the offenses committed and the potential impact that concurrent or consecutive sentences may have on the offender and society. This section of the Criminal Code makes sense for individuals who are serving sentences for non-violent offenses, as the consolidation of sentences may help to limit the impact on their families and reduce the cost of incarceration. However, it may not be in the best interest of those who may pose a risk to society. For example, serial offenders or individuals who have committed a violent crime and require rehabilitative services may fare better under consecutive sentences. A strategy that could be employed to utilize section 742.7(3) would be using it as a bargaining chip during plea negotiations. In certain circumstances, the Crown may be willing to use this provision in exchange for a guilty plea or cooperation in other investigations. The benefit of this approach is the potential reduction in overall sentencing and cost while still applying a significant penalty. Additionally, the offender may receive access to rehabilitative services and the opportunity to reintegrate into society at a quicker pace. Another strategic consideration would be if consolidating sentences would better facilitate the particular aims of sentencing. Section 718 of the Criminal Code outlines the purpose of sentencing, which includes the denunciation of unlawful conduct and deterrence, which aim to hold the offender accountable for their actions and to reduce recidivism. If a perceived greater benefit can be gained from consecutive sentencing such as increased protection of society or the offender's demonstrated lack of remorse, then it may be preferable to impose these sentences consecutively. Ultimately, the strategy should consider the primary objectives of sentencing and the impact on the offender, the victim, and society as a whole. In conclusion, section 742.7(3) of the Criminal Code of Canada provides an opportunity for consolidation of sentences, which can be a useful tool in reducing the cost of incarceration while still imposing a recognized penalty for the offenses committed. However, its use must be carefully considered and strategic considerations weighed to ensure that the primary objectives of sentencing are appropriately served. Employing a strategic approach to the use of this section would focus on the specific case at hand, with an emphasis on rehabilitation, punishment, and the protection of society.