POLS 4050 Chapter Notes - Chapter 10: Mandatory Sentencing, Judicial Independence, Restorative Justice
Document Summary
Federal study touts indigenous sentencing regime to address prison numbers. Federally commissioned study suggests that a separate sentencing system may be the key to dealing with the disproportionate number of indigenous offenders. Truth and reconciliation commission called to eliminate overrepresentation over the next decade. Indigenous people make up about 3% of canada"s adult population but 26% of all people in federal custody. Believe canada"s sentencing is becoming increasing anomalous. A national sentencing commission would set applicable guidelines across the country but with the flexibility to accommodate differences among provinces and territories: primarily a judicial body with prosecutors, defence counsel and victims and offenders advocacy groups. Offer guidance regarding the application of guidelines to indigenous defendants. Have parliament legislate criteria that must be fulfilled before an indigenous offender could be imprisoned. Craft aboriginal relevant sentencing principles and avenues tailored to indigenous communities and cultures. Create a separate, standalone sentencing code for indigenous offenders.