The Role of Appellate Courts in Sentencing
Author | Gary T Trotter |
Pages | 169-182 |
169
CHAPTER NINE
The Role of Appellate Courts in
Sentencing
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 oender
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 Oenders) of the Criminal Code.
RSC , c C- [Criminal Code].
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