The Structure of the Canadian Sentencing System

Abstract

1. Constitutional Framework In 1867 Canada was constituted as an indepen dent constitutional monarchy configured on a federal plan. Now, Canada encompasses ten provinces and two northern territories.1 The Constitution Act, 1867 divides the subjects of legislative competence between the federal and provincial legislatures. Criminal law was placed within the federal sphere and, hence, the Criminal Code of Canada applies in every jurisdiction. We have a unitary judicial system2 in which each province and territory has its own courts, including an appellate court. The Supreme Court of Canada is the final court of appeal from cases commenced in the various provincial and territorial courts. The Supreme Court exercises only limited appellate jurisdiction in sentencing matters.3 While the legal framework of sentencing is federal, Canada has a curious array of federal, provincial and territorial entities involved the implementation of sentences. For a reason which history has entrusted only to the long-since departed participants in the constitutional conferences which occurred between 1864 and 1867, the Constitution Act, 1867 gave the federal Parliament authority over penitentiaries while provincial governments are responsible for local prisons, jails, remand centers and other correctional facilities. The distinction between the two kinds of correctional institutions is