Tagged: Conditional Sentence

Implementing ‘Impact of Race and Culture Assessments’ in the Sentencing of Black Nova Scotian Offenders: R v Anderson

How should criminal courts account for the existence of systemic and pervasive anti-Black racism when sentencing Black offenders? This is the question that the Nova Scotia Court of Appeal (“NSCA”)...

Systemic Oppression in Sentencing: SCC Grants Leave to Appeal on Constitutionality of Limiting Conditional Sentences in R v Sharma

In July 2020, the Ontario Court of Appeal (“ONCA”) ruled that two provisions of the Criminal Code are unconstitutional, ultimately making conditional sentences available to more offenders. In particular, the...

Tran v Canada (Public Safety and Emergency Preparedness) : Bringing Cohesion Between Criminal Sentencing and Immigration Law

In Tran v Canada (Public Safety and Emergency Preparedness) 2017 SCC 50 [Tran], the Supreme Court of Canada (“SCC”) applied principles of statutory interpretation to answer two questions: First, does...