Research at a Glance: Diversion, Discretion, and Sentencing Commissions

Readers Note: This publication presents results of an online public opinion survey completed by a sample of Canadians who received an invitation through email, Facebook and Twitter (called an "open link" sample; see Method for more details). This survey mirrored a survey conducted with a representative sample of Canadians, the results of which are available at Research on Justice Issues

Most respondents believe that diversion of accused people from the courts, should be the preferred response in some types of offences/situations. They also believe that increased use of diversion could make the criminal justice system (CJS) more efficient and effective.

The majority of respondents believe that judges should have at least some degree of discretion and flexibility when deciding a sentence. Many respondents believe sentencing guidelines to be the best way to ensure a fair sentence and consistency in sentencing and though that a sentencing commission of which the most important function would be to give judges guidelines for sentencing decisions is important to consider.

Respondents to both the open link and nationally representative surveys support diversion to a similar degree. Compared to the representative sample of Canadians, respondents to open link survey are more supportive of full judicial discretion and less supportive of sentencing guidelines.

Data and Resources

Additional Info

Field Value
Source
Version
Author
Author Email
Maintainer
Maintainer Email
Data Level
Agreement Required
Purpose Constraints
Redistribution Allowed
AI Training Allowed
Data Steward
Title (French) Recherche en un coup d'oeil: Commissions sur la déjudiciarisation, le pouvoir discrétionnaire et la détermination de la peine
Update Frequency as_needed
Geographic Scope []
Criticality Level []
Sensitivity Level unrestricted
Language
Contact Person
Contact Email OG-GO@justice.gc.ca
Data Dictionary
Open Canada Date Published 2018-07-02 00:00:00
Open Canada Date Modified
Open Canada Subject ["law", "persons", "processes", "society_and_culture"]
Open Canada Keywords {"fr": ["Système judiciaire", "Recherche", "Consultation", "Questions juridiques", "Juges", "Système de justice pénale", "condamnation"], "en": ["Justice system", "Research", "Consultations", "Legal issues", "Judges", "Criminal justice system", "Convictions"]}
Open Canada Collection publication
Principal Organization
Reference Data
Official Source