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 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].