We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
A NEW APPROACH TO THE CONSIDERATION OF COLLATERAL CONSEQUENCES IN CRIMINAL SENTENCING.
- Authors
MONKMAN, ERIC
- Abstract
A collateral consequence is a consequence of a criminal sentence that is separate from the actual prison sentence or fines imposed on the offender. Examples of collateral consequences include the social stigma that follows an offence, the effects of an order prohibiting an offender from possessing firearms, and the immigration consequences that can follow a conviction. Collateral consequences are problematic because it is unclear how much consideration, if any, they should receive during the sentencing process. The Supreme Court of Canada addressed this question in the case of R v Pham, but the Court's decision in that case does not provide sufficient guidance as to how collateral consequences should be considered by trial judges. This article examines collateral consequences within the framework of the development of sentencing policy in Canada. It also divides collateral consequences into several different categories and suggests a new approach that judges should take when considering collateral consequences during the sentencing process.
- Subjects
CANADA; COLLATERAL consequences of conviction; PRISON sentences; WEAPONS possession; CANADA. Supreme Court; JUDGES; FINES (Penalties); IMMIGRATION status
- Publication
University of Toronto Faculty of Law Review, 2014, Vol 72, Issue 2, p38
- ISSN
0381-1638
- Publication type
Article