INTRODUCTION AND BRIEF DESCRIPTION
Section 718 of the Criminal Code outlines the fundamental purpose of sentencing.
SECTION WORDING
718 The fundamental purpose of sentencing is 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; (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 and to the community.
EXPLANATION
Section 718 of the Criminal Code of Canada lays down the fundamental purpose of sentencing in the Canadian legal system. The primary objective of sentencing, according to this section, is to promote respect for the law and maintain a just, peaceful, and safe society by imposing just sanctions on offenders. The section lists six main objectives that a sentence must serve, each of equal importance. The first objective is to denounce unlawful conduct. This means that the sentence must show disapproval of the crime committed and condemn the offender's conduct firmly. It also aims to deter individuals from committing similar offences in the future. The second objective is to deter the offender and others from committing offences. The sentence should act as a deterrent and discourage the offender and others from repeating the offence, leading to a reduction in crime rates. The third objective is to separate offenders from society when necessary. This objective is aimed at protecting society from the offender's dangerous behaviour by removing them from the community. The fourth objective is to assist in rehabilitating offenders. This objective aims to help offenders understand the impact of their actions, make amends, and reintegrate into society successfully. The fifth objective is to provide reparations for harm done to victims or the community. This objective seeks to restore the harm caused to the victim or society, which may include financial compensation, community service, or other measures aimed at repairing the damage. The sixth objective is to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and the community. This objective focuses on instilling a sense of accountability and responsibility in offenders, encouraging them to acknowledge the harm caused and work towards making amends for their actions. Overall, Section 718 of the Criminal Code of Canada emphasises the concept of restorative justice, which seeks to protect the community while acknowledging and addressing the harm done by a crime. It is crucial in guiding judges in their sentencing decisions and ensuring that punishment aligns with the goals of deterrence, rehabilitation, and justice.
COMMENTARY
Section 718 of the Criminal Code of Canada outlines the fundamental purpose of sentencing, which is to contribute to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more objectives. These objectives include denouncing unlawful conduct, deterring offenders and other persons from committing offenses, separating offenders from society where necessary, assisting in rehabilitating offenders, providing reparations for harm done to victims or to the community, and promoting a sense of responsibility in offenders and acknowledging the harm done to victims and the community. This section of the Criminal Code of Canada is significant because it outlines the aims and goals of sentencing, which guide the decisions of judges and other legal and correctional professionals. The fundamental purpose of sentencing is not simply punishment for the sake of punishment but is intended to serve a broader purpose that benefits Canadian society as a whole. The first objective of sentencing is to denounce unlawful conduct. This is an important aim as it reflects the notion that illegal behavior should be publicly censured and condemned to promote a strong sense of respect and compliance with the law. By denouncing unlawful conduct, it sends a message to the offender and others that such behavior will not be tolerated in Canadian society. The second objective is to deter offenders and other persons from committing offenses. This is essential as it serves as a warning to potential offenders that there are consequences to their actions. Deterrence can be achieved through various means such as imposing harsher sentences for more serious offenses, using publicity to promote awareness of the consequences of engaging in criminal behavior, and providing education and support to prevent offenses from occurring. The third objective is to separate offenders from society where necessary. This is vital to protect the public from harm and to ensure that offenders are prevented from committing further crimes. Separation can be achieved through imprisonment, probation, or other community-based programs designed to restrict the offender's contact with the community. The fourth objective is to assist in rehabilitating offenders. This objective recognizes that many offenders are capable of change and that with the right support and therapeutic interventions, they can become law-abiding citizens. Rehabilitation programs can include counseling, education, vocational training, or substance abuse treatment. The fifth objective is to provide reparations for harm done to victims or to the community. This is a critical objective, as it ensures that victims receive compensation for the harm caused by the offender's actions. Reparations can also help to restore a sense of justice and fairness to the victim and the community. The final objective is to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. This objective recognizes that offenders should take responsibility for their actions and acknowledges the harm caused to victims and the community. By promoting a sense of responsibility, offenders are more likely to engage in prosocial behavior and make amends for the harm they caused. In conclusion, Section 718 of the Criminal Code of Canada highlights the essential objectives of sentencing, which aim to contribute to respect for the law and the maintenance of a just, peaceful, and safe society. By denouncing unlawful conduct, deterring offenders, separating offenders from society where necessary, assisting in rehabilitating offenders, providing reparations for harm done to victims or to the community, and promoting a sense of responsibility in offenders, Canadian society can experience a fair and just sentencing system. Legal and correctional professionals must remain guided by these objectives to ensure that their actions serve the best interests of Canadian society and its citizens.
STRATEGY
When dealing with Section 718 of the Criminal Code of Canada, there are several strategic considerations that must be kept in mind. These considerations include the specific circumstances of the offence, the offender's criminal history and background, the needs and interests of the victim(s), and the broader social and economic context in which the offence occurred. One key strategic consideration when dealing with Section 718 is the need to balance the various objectives of sentencing. While all of the objectives listed in Section 718 are important, they may conflict with one another in certain cases. For example, imposing a harsh sentence to denounce unlawful conduct and deter others from committing similar offences may also separate the offender from society and make it difficult for them to rehabilitate and reintegrate. Alternatively, imposing a light sentence to facilitate rehabilitation and reintegration may not adequately denounce the offence and deter others from committing similar acts. Therefore, it is important to carefully consider and balance these objectives when determining an appropriate sentence. Another strategic consideration when dealing with Section 718 is the importance of taking a restorative justice approach. Restorative justice is an approach to justice that focuses on repairing the harm done to the victim(s) and the community, rather than just punishing the offender. This approach emphasizes the need for dialogue and communication between the offender, the victim(s), and the community, and seeks to provide opportunities for the offender to take responsibility for their actions and make amends. Restorative justice can be an effective strategy for promoting accountability, rehabilitation, and reintegration, while also addressing the needs and interests of the victim(s) and the community. In addition to restorative justice, there are several other strategies that can be employed when dealing with Section 718. These include: 1. Sentencing alternatives: Sentencing alternatives such as probation, community service, and restorative justice programs can be effective in promoting rehabilitation and reintegration, while also addressing the needs and interests of the victim(s) and the community. 2. Cultural awareness and sensitivity: When dealing with offenders from diverse cultural backgrounds, it is important to take into account their cultural norms and values, and to incorporate cultural awareness and sensitivity into the sentencing process. 3. Accessible and appropriate resources: Providing offenders with access to appropriate resources such as mental health services, addiction treatment, and job training can be effective in promoting rehabilitation and reintegration, as well as reducing the likelihood of re-offending. 4. Evidence-based practices: Using evidence-based practices such as risk assessment tools and cognitive-behavioral therapy can be effective in reducing the risk of re-offending, while also promoting rehabilitation and reintegration. In conclusion, when dealing with Section 718 of the Criminal Code of Canada, it is important to carefully consider and balance the various objectives of sentencing, while also taking a restorative justice approach and employing a range of strategies designed to promote rehabilitation and reintegration, as well as reduce the risk of re-offending. Ultimately, the goal of sentencing should be to contribute to a just, peaceful, and safe society, while also addressing the needs and interests of the victim(s) and the community.