The Evolution of Penal Policy in Canada

Abstract

This paper reviews the evolution of penal policy in Canada in recent years. In many respects, Canada occupies a unique position with respect to criminal justice. The principal influence on penal policy development has been the United States, yet at the same time developments in the United Kingdom have also been important. One result is that policy development in recent years has tended to follow a middle path between the more extreme and radical American route (that has given rise to policies such as "three strikes" legislation) and the more conservative European reforms. Canada’s policies with respect to punishment have been affected by a number of influences, including: the presence of advocacy groups; the reporting by the news media of high‐profile tragedies such as the Montreal massacre of fourteen young women; the restrictions of budgetary constraints; and the intervention of several federal elections in which crime became an important electoral issue. In this respect, penal policy development in Canada echoes trends in other jurisdictions. The federal government, which is responsible for policy development (but not the administration of those policies) has attempted to pursue a dual‐track policy. One branch of this policy has sought to reduce the use of imprisonment and thereby cut criminal justice expenditures. The other track has sought to placate public and political pressure on the government by introducing more repressive penal policies, including severe minimum penalties and higher maximum penalties for young offenders. This paper reviews recent developments in the critical areas of sentencing and parole, and draws some general conclusions about criminal justice policy development in this country.