Foreword
Pages | 23-24 |
xxiii
Foreword
Justice Michael Moldaver, Supreme Court of Canada
’ the product of decades of legislative
innovation and augmentation. Except in the case of mandatory min-
imum provisions, sentencing is now a matter of judicial discretion
guided by the purposes, principles, and objectives set out in the Criminal
Code, sections –.. Among the principles of sentencing referred
to in these provisions, the principle of proportionality is identied as
fundamental: a sentence must be proportionate to the gravity of the
oence and the degree of responsibility of the oender. e discretion
to craft highly individualized sentences is a key feature of the Canadian
approach to sentencing. Section refers to a number of sentencing
objectives, some of which include deterrence, denunciation, separation
of oenders from society where necessary, and rehabilitation. Finally,
among other things, section . sets out several aggravating and miti-
gating features that a court may consider in crafting a just sentence.
at said, as this collection of essays demonstrates, it would be
wrong to conclude that the various principles and objectives of sen-
tencing are as easy to apply as they are to state. It has been said time
and again that sentencing is one of the most dicult tasks judges face.
I can attest to this. After almost thirty years as a judge, I nd that sen-
tencing does not get any easier. Sentencing requires striking a delicate
balance between numerous case-specic considerations: considerations
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