Source: (1997) Justice as Healing 2 (3).
Posing a hypothetical case of a trial judge considering a sentence for an Aboriginal person convicted of theft, E. D. Bayda, Chief Justice of Saskatchewan, discusses the theory and purposes of sentencing, as stated in the Criminal Code of Canada. Bayda examines the trial judge’s thinking in relation to popular views on sentencing, particularly the tendency toward punishment through imprisonment as against alternative sanctions (such as restitution, reparation, and community based sanctions) which aim more for healing and restoration.
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