The Truth in Sentencing Act: An Evaluation of Legislative Constraints on Judicial Sentencing Decisions

• In Event: Judicial Discretion in Canada and the Effects of Legislative Constraints on Sentencing

Abstract

The Truth in Sentencing Act is a legislative response to public pressure about the application of pre-sentencing credit and the seemingly ‘lenient’ sentencing of offenders. This paper discusses the interplay between parliament and the judiciary by analyzing the use of discretion in sentencing, and the legislative limits on said discretion. Focusing on the constraints put in place by legislation in The Truth in Sentencing Act, this paper will question if legislature is the appropriate avenue to influence sentencing decisions. Further, this paper will examine how the judiciary responds to restrictions put in place by legislature.
Narrowing in on R. v. Summers, it is argued that a lack of collaboration between the parliament and the judiciary causes unnecessary conflict in the Canadian Criminal Justice System. Using a qualitative content analysis of sentencing decisions before and after the implementation of Bill C-25, it is evident that the Act is not producing expected results. This is
directly tied to the ineffective influence of legislature on the discretionary powers of the judiciary.

Author

• Olivia DiFresca, University of Guelph