Some Reflections on New Criminal Justice Policies in Canada: Restorative Justice, Alternative Measures and Conditional Sentences

There have been significant changes in criminal justice policy in Canada in the past two years. Among these was Bill C-41 which received Royal Assent on July 13, 1995, and came into force on September 3, 1996, and amended the sentencing provisions of the Criminal Code of Canada (CCC). This legislation contained two provisions which are widely considered to have the most potential to reduce the use of imprisonment especially at the provincial and territorial levels. Another related change in criminal justice policy in Canada has been the adoption of “restorative justice”. A general over-reliance on the use of imprisonment and aboriginal over-representation in prisons have been long-standing problems in Canada. This initial assessment will consider the “fit” between suitable candidates for the new justice approaches and those presently sentenced to prison. The paper will argue that without broader quidelines for inclusion and adequate community resources to support them, it is unlikely these new initiatives will have much of an impact on incarceration levels. Without a better understanding of the problem, aboriginal over-representation in correctional institutions is also unlikely to change.