Reconsidering Penal Stability in Canada Through a New Sentencing Severity Index

Abstract

Changes to criminal sentencing practices are often multifaceted and complex to interpret. This article proposes the development of a new sentencing severity index which simultaneously considers the type of punishment mobilized as well as the scale of that punishment. It does so in the context of important reforms to Canadian sentencing, examining the possibility of a punitive turn in Canadian criminal justice through this new index. Data were drawn from Canadian adult criminal courts collected through Statistics Canada's Integrated Criminal Court Survey between 2005/2006 and 2016/2017. The analysis is based on instances where either custody or probation were the primary sentence of a case. We show that the underlying makeup of Canadian sentencing has changed over time. Custodial sentences are more frequent, but shorter, while probation sentences are fewer, but longer overall. However, in combining these dimensions (frequency and length), the index suggests that overall sentencing severity remained generally stable. Nevertheless, considerable changes across offence type and jurisdictions were observed. The article points to the importance of nuancing the assessment of penal practices with multiple parameters to better understand penal reform and transformation. The new index provides a tool which helps to do so.