The Role of Appellate Courts in the Canadian Sentencing Process

Abstract

The Canadian sentencing process is in a state of flux. Recent amendments to the Criminal Code of Canada (R.S.C. Chapter C-46) explicate, for the first time, the purposes and principles of sentencing. These reforms may have a significant impact upon how sentencing is approached in Canada.1 Under normal circumstances, this legislative development would burden the provincial courts of appeal with the responsibility of providing guidance to the lower courts in interpreting and applying the new provi sions. However, two recent decisions from the Supreme Court of Canada have significantly con strained their power to review sentences. This judicial development may hamper or undercut the legislative initiative embodied in the new amend ments. This short article explores the role of appellate courts in the Canadian sentencing process with particular emphasis on recent developments.