Law 12
Sentencing and the Correctional System
Ms. Ripley 1
THE CORRECTIONAL SYSTEM
Judges do not send offenders to particular prisons or penitentiaries. The federal and
provincial corrections services employ classification officers who are responsible for
determining which facility is appropriate for a particular offender.
For sentences of less than two years, provincial corrections staff classify offenders.
For sentences of more than two years, federal corrections staff classify offenders.
Classification officers generally first consider how great the risk is that the offender will
escape and the risk of harm to the offender or others. For example, offenders
convicted of violent offences are sometimes in danger from other prisoners and
require protective custody Several other factors are taken into consideration when
classifying offenders, including their age, character, gender, type of crime, and past
criminal record, and the space available in the facilities.
PROVINCIAL CORRECTIONAL SYSTEMS
Each of the provinces of Canada has a provincial correctional branch. The range of
services provided by these branches generally include
 providing facilities and personnel to supervise prisoners sentenced to less than
two years;
 supervising prisoners who are temporarily locked up while awaiting court
appearances (in some provinces, this task is maintained jointly with municipal
authorities);
 supervising prisoners who have been sentenced by the Court but who are
awaiting the outcome of an appeal;
 supervising provincial offenders who are on probation in the community;
providing facilities and supervision for offenders convicted under the Young
Offenders Act.
Provincial correctional systems have a range of security levels available to
imprison offenders. These range from closed-custody to open-custody facilities, and
in most cases, also include community correctional facilities.
Closed custody is reserved for prisoners who are regarded as dangerous
(usually based on their pattern of offences) or who are likely to attempt to escape or
become a management problem to either the corrections staff or to other prisoners.
Prisoners who require much psychological care or who need protection because of
the nature of their offence are separated from the main prison population in
protective custody. Those in protective custody have no contact with the general
prison population.
Open custody is considered to be less secure. Generally, offenders convicted
of nonviolent crimes who are not escape risks and who are not considered a danger
to themselves or to others are placed in these facilities. An offender who is originally
placed in closed custody may be reclassified into open custody, depending on his or
her progress. Open custody facilities are often semi-isolated forest camps or farms
where offenders can serve their sentences engaged in such work as forest
management and maintenance, and fanning.
Community correctional facilities are supervised institutions near or within the
offender's home community. Most prisoners in these centers are still serving their
sentences and have usually been granted day parole by the parole board. Prisoners
may go to work or to educational programs on a daily basis. While the atmosphere is
generally more relaxed than in open or closed custody, there is a correctional officer
in attendance 24 hours a day and inmates are required to live at the centre. The
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centers encourage prisoners to become involved in programs that upgrade their
skills and to adopt lifestyles less likely to bring them into conflict with the law.
THE FEDERAL CORRECTIONAL SYSTEM
Adult offenders who are sentenced to more than two years' imprisonment generally
serve their sentences in federal institutions. Correctional Service of Canada is the
national organization responsible for supervising and imprisoning these offenders.
The offender is first sent to a general reception facility where a classification officer
assesses which security level and educational and therapy programs are most
suitable. When an offender has been assessed, he or she may be sent to any
Canadian facility. This means that an offender may be sent thousands of kilometers
away from his or her family, friends, and community.
R- v. Luxton (1990), 58 C.G.C. (3d) 449 (S.C.C.)
The defence counsel appealed a 25-year sentence for first-degree murder on the basis that
a minimum of 25 years' imprisonment before being eligible for parole constituted cruel and
unusual punishment as defined by section 12 of the Canadian Charter of Rights and
Freedoms. Section 12 reads
12. Everyone has the right not to be subjected to any cruel and unusual treatment or
punishment.
The Supreme Court of Canada denied the appeal, stating
This is a crime that carries with it the most serious level of moral blameworthiness,
namely, subjective foresight of death. The penalty is severe and deservedly so. The
minimum 25 years to be served before eligibility for parole reflects society's condemnation of a person who has exploited a position of power and dominance to the
gravest extent possible by murdering the person that he or she is forcibly confining.
The punishment is not excessive and dearly does not outrage our standards of
decency.
1. What goals of sentencing are served by imposing a 25-year minimum sentence?
2. In your opinion, should it be the decision of Parliament or the Supreme Court of Canada
to change the length of a life sentence? Support your answer.
Federal institutions are classified as maximum, medium, or minimum security.
Maximum-security institutions are intended to segregate the most dangerous
offenders from other, less dangerous federal inmates. These facilities typically are
extremely secure structures with high walls, razor-wire fences, bars on doors and
windows, and armed guards. Newer facilities have electronic monitoring within and
outside the walls of the prison to prevent escapes.
Medium-security institutions have fewer physical barriers and armed guards.
Inmates have more opportunities for community involvement, usually under
supervision. An inmate convicted of a nonviolent crime or one who proves over a
lengthy time period that he or she can stay trouble-free in a maximum-security facility
may be transferred to a medium-security facility on the recommendation of
corrections staff.
Minimum-security institutions generally have no external barriers like fences or
walls. The newest minimum-security facilities are organized as housing units, each
with one unarmed guard and several inmates. The purpose of these units is to create
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an atmosphere that is as uninstitutional as possible. Some minimum-security facilities
are farms or forestry camps.
Several services are provided to inmates of federal institutions, including health
care, education, employment, counseling, and community programs. Some specific
programs that are generally provided include educational upgrading, university and
vocational instruction, and employment programs where prisoners work with
members of the community, such as people with mental disabilities or elderly people.
It is important to note that the punishment of prison is the offender's loss of freedom.
The main goal of imprisonment is to rehabilitate the individuals who are sent to
correctional facilities. Attempts are made to focus on the therapy or educational
program that will help the inmate to be law-abiding when she or he is reintroduced to
society.
When an inmate is nearing the end of a prison term, the federal corrections
branch is responsible for assisting her or his re-entry into society To help offenders
make the transition from imprisonment to freedom, gradual release programs have
been introduced_ The purpose of such programs is to help offenders learn to function
well in society, since they have been socialized to the prison environment.
PAROLE
Parole is a system in which a prisoner is released into the community, subject to
certain conditions, to serve the remainder of his or her sentence. Most federal
prisoners are eligible for full parole after serving the lesser of one-third of their
sentence unless they are serving a life sentence, in which case the minimum period
for eligibility is ten years, Being eligible for parole does not mean that an offender is
released: it means only that an offender may apply to be paroled at that time. Some
offenders who do not participate in prison therapy sessions or educational programs
may be denied parole entirely, not being released until their full prison sentence is
served.
Parole serves two main purposes. First, it gives the parolee the opportunity to
become reintegrated with society under supervision. Second, it provides an incentive
for prisoners to demonstrate good behavior and positive attitudes while serving their
sentences. Parole is also much less expensive than keeping offenders in jail until the
end of their sentences. Also, the negative effects of imprisonment on the offender's
family can be lessened if the prison term is shorter.
Statutory release is a supervised parole that occurs after an offender has served
two thirds of his or her sentence. Most federal prisoners are entitled to be released
from the penitentiary and serve the last third of their sentence in the community. The
exception to this statutory release program occurs where there are reasonable
grounds to believe that an offender presents a serious risk to the community. The
emphasis for statutory release is on protecting the public by reintegrating the offender
under supervision. This supervised gradual re-entry can be a very effective method of
both protecting the public and helping the inmate re-learn social behavior.
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Accelerated parole is possible for some offenders if they are serving their first sentence, except where an offender has been convicted of a crime involving violence_
The Corrections and Conditional Release Act of 1992 changed the direction of the
release system for offenders in Canada. For example, the Act requires that public safety
be the most important consideration in all decisions on treating and releasing inmates.
Violent offenders and serious drug offenders may be forced to spend longer periods of
time in prison because judges can now delay their eligibility for full parole in the interests
of public safety. Some offenders, including serious drug offenders and those who have
committed sex offences against children, may be kept in prison for their entire
sentences if they are believed to be likely to commit another crime causing serious
harm.
The National Parole Board reviews the files of offenders who are serving sentences
of over two years, while provincial parole boards review the files of offenders who are
serving sentences of less than two years. If a parole board believes the offender will not
commit a violent offence, she or he is released. Fewer than 40 percent of federal
prisoners are granted parole when they first become eligible.
As well as the power to grant, terminate, or revoke day parole and full parole for
inmates under federal jurisdiction, the National Parole Board is responsible for granting
unescorted temporary absences. Victims of crimes have access to parole board
hearings at the discretion of the board and will be informed about an offender's parole or
statutory release status.
Parole boards are made up of citizens who are appointed by Cabinet on the recommendation of the Solicitor General. They must have at least a high school education,
and 50 percent or more of the members must have a graduate or postgraduate
education in law, social science, or psychology. Preference is given to people who
have had experience in social service programs, such as the Red Cross. Some of
the members must have experience with the criminal justice system.
The members must be able to analyze cases, explain their decisions to a
diverse audience, and understand the complexity of social and criminal justice.
They must have full security clearance, unquestionable integrity, basic kindness
and respect for individuals, physical stamina, a calm temperament, and a good
sense of humor.
Only three provinces have their own provincial parole boards: British Columbia,
Quebec, and Ontario. These provincial boards hear parole applications and
supervise paroles for offenders serving sentences of less than two years. The
National Parole Board administers the parole of offenders in all other provinces and
territories.
PARDONS
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Under the Criminal Records Act, an application may be made for a pardon two years
after the last summary conviction, or five years after the last indictable offence
conviction. Application forms are available from the National Parole Board and from
some court registry offices. Applicants for pardon are investigated by the Parole
Board to determine whether they have committed criminal offences or have not been
"of good character" since completing the sentence for the crime they committed.
The records of a pardoned person are kept separate from the lists of criminal
records of other convicted people, and they
cannot be accessed by police or others without the consent of the Solicitor General.
If the pardoned person reoffends, however, the record is returned to the active list.
The benefit of a pardon is that it recognizes that the offender has completed his or
her sentence, been rehabilitated, and should be acknowledged as a lawful person by
others in society.
Even with a pardon, people with criminal records are required to acknowledge
their criminal past if required to do so on an application for employment, travel, or
immigration. Some foreign countries may not allow convicted persons to cross
their borders even if they have been pardoned. Some types of employment
require that employees have no record of offences associated with aspects of
work they may be called upon to do.
Companies that require employees to handle valuables usually require them to be
bonded. When employees are bonded, their employers can be insured for losses that
occur while the employees are working. Bonding companies set the terms and conditions
for the employees that they bond, or insure. A bonding company may decide that a person
who has not been pardoned is a good candidate for bonding even if she or he has a
criminal record, provided that a long period of time has elapsed since the applicant last
committed an offence. When an employee has been pardoned, her or his record of criminal activity is closed. No potential employer may access it, so the process of getting insurance, or bonding, is easier.