The Role of Appellate Courts in Sentencing

AuthorGary T Trotter
The Role of Appellate Courts in
Gary T Trotter
After the sentencing judge has sorted through the innumerable senten-
cing provisions in the Criminal Code and imposes a sentence that he
or she determines to be appropriate in the circumstances, the oender
or the prosecutor may seek to have the sentence reviewed by a higher
court. is chapter examines the manner in which sentencing deci-
sions are reviewed by the provincial and territorial courts of appeal. It
also explores the role of the Supreme Court of Canada in the senten-
cing process.
In broad terms, Canadian appellate courts play a dual role. e
provincial and territorial appeal courts review sentences imposed for
“tness” — the legislative mandate. Within certain parameters discussed
below, this entails a review for error. But appellate courts also play a
larger role. e decisions of the appellate courts and the Supreme
Court of Canada, in particular contribute to the understanding of
the principles and objectives of sentencing in parts XXIII (Sentencing)
and XXIV (Dangerous Oenders) of the Criminal Code.
RSC , c C- [Criminal Code].

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