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Sentencing purposes and principles for regulatory offences: A new approach for regulatory justice.

Libman, Rick
June 4, 2015

Source: (2011) Canadian Criminal Law Review. 15:359-385.

A statement of sentencing purposes and principles should be enacted that is specifically suited to regulatory
offences. This statement, unlike the one set out in the Criminal Code of Canada, should be organized in a hierarchical
manner so that courts are able to approach sentencing decisions in a consistent, coherent and rational
manner, especially where sentencing purposes and principles conflict with respect to one another. In this way,
guidance will be provided to courts on sentencing by legislators; courts, in turn, can better play a role in crafting
dispositions for those who are found in breach of the regulatory standard, and yet are likely to resume participating
in the regulated activity following sentencing. (author’s abstract)


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