Sentencing in Criminal Court: Latest Trends and Bill C-75 Amendments

Whether representing the Crown or the defence, there are a myriad of things to consider when preparing for a sentencing hearing. These include, but are not limited to, the circumstances of the offence, unique features of the case or the offender’s role, types and range of available punishments, the offender’s background, as well as the legal principles and procedural and substantive rules applied at sentencing.

Join experts Danielle Robitaille (defence) and Erin Winocur (Crown) as they provide a clear, concise and balanced review of the latest trends and most challenging issues, flagging areas requiring special attention as a result of Bill C-75 amendments.

You will also learn about:

• Guiding principles
• Advice on resolution discussions and processes
• The process of the sentencing hearing
• A breakdown of aggravating and mitigating factors that inform quantum
• The types of sentences and ancillary orders available
• Charter issues engaged at sentencing
• Consideration of the collateral consequences for offenders of the findings and orders made by a criminal court
• Unique processes engaged when sentencing Indigenous people
• Specialized areas such as dangerous and long-term offender applications and sentencing in youth prosecutions
• Appeals from sentence

EDI Accreditation Criteria: Value of diversity and inclusion; Understanding power and privilege, unconscious bias or cultural homophily

Professionalism Content (15 mins: 7.5 mins/speaker):

Consideration of the new Criminal Code provision that makes it a statutorily aggravating feature on sentence if the victim is Indigenous. This is related to but slightly different from the well-established law around sentencing Indigenous offenders. We also plan to look at the emerging issue of how to consider race in the context of sentencing African Canadian offenders