Key Concepts
What is a conditional sentence?
An alternative to prison where an offender serves their sentence in the community under supervision.
How much cocaine did Ms. Hamilton smuggle?
a) 489 grams
b) 349 grams
c) 1 kilogram
d) 250 grams
b) 349 grams
Why did the Crown appeal the sentences?
They argued the sentences were too lenient and the judge overstepped impartiality.
What is substantive equality?
Recognizes systemic barriers and promotes fairness through differential treatment to counter historical disadvantages
What are Mitigating Factors
Circumstances like poverty, racial bias, and personal hardships that reduce the offender’s moral blameworthiness (s. 718.2)
What was Ms. Mason’s reason for acting as a drug courier?
Financial hardship as a single mother
What did the Crown criticize about Justice Hill’s actions during sentencing?
Introducing his own research and acting as an advocate, which compromised impartiality.
What is one example of substantive equality in sentencing?
Considering the historical disadvantages of Indigenous offenders, as seen in the Gladue principles.
What does proportionality ensure in sentencing?
a) Equal sentences for all crimes
b) Punishments reflect the seriousness of the crime and the offender’s responsibility
c) Offenders are rehabilitated
d) Sentencing focuses on systemic issues
b) Punishments reflect the seriousness of the crime and the offender’s responsibility
Why was Ms. Hamilton’s health at risk during her smuggling attempt?
Cocaine leaked into her bloodstream, making her critically ill.
What did the Court of Appeal highlight about sentencing?
a) It should focus on addressing systemic inequality
b) It must prioritize societal reforms
c) It should focus on the offense and offender, not societal wrongs
d) It must always involve incarceration
c) It should focus on the offense and offender, not societal wrongs
How does substantive equality differ from formal equality?
Substantive equality addresses systemic barriers and individual disadvantages, while formal equality treats everyone the same, ignoring those barriers.
What are typical sentences for Conditional Sentences?
Probation, house arrest, curfews
Why did Justice Hill emphasize the women’s family situations?
a) To highlight their need for financial stability
b) To argue that incarceration would harm their children
c) To prove systemic racism was irrelevant
d) To suggest leniency for all drug-related crimes
b) To argue that incarceration would harm their children
Why didn’t the Court of Appeal overturn the sentences?
The women had already served most of their conditional sentences, and further incarceration was deemed unnecessary.
How do IRCAs help address systemic racism in sentencing?
They link offenders’ experiences to broader societal issues like discrimination in education, housing, and policing.