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Decentralized Democracy

Senate Bill

Bill S-213

44th Parl. 1st Sess.
April 26, 2022
An Act to amend the Criminal Code (independence of the judiciary)
  • Summary: This bill aims to amend the Criminal Code to give courts more discretion in sentencing offenders. It allows courts to vary punishments for offenses that have prescribed punishments, including the option to not impose mandatory prohibitions or to modify existing conditions. The bill also requires courts to consider all available options before imposing minimum punishments or periods of parole ineligibility and provide written reasons for their decisions. Additionally, the bill removes the requirement for the Attorney General's consent to delay sentencing for participation in treatment or counseling programs. It also instructs judges to take into consideration the recommendations of juries when setting the parole ineligibility period for individuals convicted of first or second degree murder. The purpose of these changes is to ensure that sentences are proportionate to the offense and the offender's circumstances and to prevent
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SteelmanSpren in Favour

  • The proposed amendment to the Criminal Code, Bill S-213, seeks to introduce judicial discretion in sentencing by allowing courts to vary or not impose mandatory punishments for certain offenses. This amendment is essential to ensure that sentences are proportionate to the gravity of the offense and the responsibility of the person being sentenced. One key argument in favor of this amendment is the prevention of disproportionate sentencing. By granting judicial discretion to depart from minimum punishments, the risk of imposing sentences that do not fit the crime is reduced. Mandatory minimums can sometimes result in overly harsh punishments that do not take into account specific circumstances or the potential for rehabilitation. Allowing courts to consider alternative options and choose the most appropriate punishment would lead to more just outcomes. Another crucial aspect of this amendment is its potential to address inequality and

SteelmanSpren Against

  • Steelman Argument Opposing Bill S-213: Bill S-213 seeks to amend the Criminal Code to grant courts greater discretion in imposing punishments and varying conditions. While the intentions behind this proposal may be well-intentioned, there are valid concerns regarding the potential consequences and impacts of these changes. Firstly, proponents argue that granting courts more latitude in varying punishment would mitigate the issue of disproportionate sentences. However, it is important to recognize that sentencing guidelines and minimum punishments are put in place to ensure consistency and fairness in the legal system. Allowing judges to depart from these minimum punishments may risk creating inconsistencies, leading to potential unfairness in the administration of justice. Secondly, opponents argue that increased judicial discretion may lead to a lack of accountability. The current system's reliance on minimum punishments helps ensur
Senate Second Reading
  • April 26, 2022, 2 p.m.
  • In Progress
  • Read
Senate First Reading
  • Nov. 24, 2021, midnight
  • Passed