Appellate Court Scrutiny of Circle Sentencing

Source: (2000) The Manitoba Law Journal. 27:209.

One of the most significant features of circle sentencing as developed in Canada in recent years is the central role of the judiciary. That is, in cooperation with First Nations communities, judges, rather than legislators or justice department bureaucrats, have been responsible for the adoption of circle sentencing as a recognized process in Canadian criminal justice. Luke Mcnamara reviews the manner in which provincial and territorial appellate courts have responded to the emergence of circle sentencing gin their respective jurisdictions. His aim is to illuminate the actual and potential impact of appellate court scrutiny of circle sentencing. Toward this end, he focuses on appeal decisions handed down in the Saskatchewan Court of Appeal and the Yukon Territorial Court of Appeal, both courts having commented on broad issues regarding the place of circle sentencing in the Canadian criminal justice system.