Within the Criminal Justice System of Canada, legal practices are continually influenced and governed by criminological theories and legal knowledge. With particular reference to course material, R. v. Paul-Hector draws significant reference to the Rehabilitation Model of Justice, the notion of probationary sentences, the importance of aggravating and mitigating factors and the concept of sentencing. The objective of this analysis is to determine the importance of the aforementioned elements in relation to R. v. Paul-Hector and explain their similarity to course material.
R. v. Paul-Hector adapts the major tenets of the Rehabilitation Model subsection of control philosophies by encompassing its traditional concepts and applying them directly …show more content…
“Probation typically involves an offender being released into the community under the supervision of a provincial probation officer” (Goff, 2014: 331) It serves as a contract in which the offender must follow the conditions determined by a judge (Goff, 2014: 331). In the case of R. v. Paul-Hector, Justice Perkins-McVey laid out several tenets pertaining to the probation order of Woodley Paul-Hector including reporting to a probation officer, residing in an approved residence, keeping the peace, refraining from contact with Houngue and Donovan and to abstain from possessing weapons. These conditions coincide with those outlined as mandatory and additional conditions of probation in Goff’s Criminal Justice in Canada. R. v. Paul-Hector does not however include various probation conditions such as drug counseling or avoiding contact with children on the basis that they need not apply. These conditions were excluded because the nature of Paul-Hector’s offences was neither drug related nor involving crimes against children. As a juvenile, Paul-Hector was sentenced to a 90-day probationary period under the supervision of a surety and was required to complete ten hours of community service. The conditions of the first probationary period differed slightly due to the juvenile designation of the offender. As a juvenile, an offender is subject to the Youth Criminal Justice Act (formerly the Young Offenders Act). Probation in terms of the Youth Criminal Justice Act is not used to prosecute but rather promote participation in the community through educational programs and community service. This ideology is portrayed similarly in Paul-Hector’s juvenile probation sentence and community service requirements. The sentence was not intended to prosecute and punish but was directed towards a rehabilitative and educational approach. By
R. v. Paul-Hector adapts the major tenets of the Rehabilitation Model subsection of control philosophies by encompassing its traditional concepts and applying them directly …show more content…
“Probation typically involves an offender being released into the community under the supervision of a provincial probation officer” (Goff, 2014: 331) It serves as a contract in which the offender must follow the conditions determined by a judge (Goff, 2014: 331). In the case of R. v. Paul-Hector, Justice Perkins-McVey laid out several tenets pertaining to the probation order of Woodley Paul-Hector including reporting to a probation officer, residing in an approved residence, keeping the peace, refraining from contact with Houngue and Donovan and to abstain from possessing weapons. These conditions coincide with those outlined as mandatory and additional conditions of probation in Goff’s Criminal Justice in Canada. R. v. Paul-Hector does not however include various probation conditions such as drug counseling or avoiding contact with children on the basis that they need not apply. These conditions were excluded because the nature of Paul-Hector’s offences was neither drug related nor involving crimes against children. As a juvenile, Paul-Hector was sentenced to a 90-day probationary period under the supervision of a surety and was required to complete ten hours of community service. The conditions of the first probationary period differed slightly due to the juvenile designation of the offender. As a juvenile, an offender is subject to the Youth Criminal Justice Act (formerly the Young Offenders Act). Probation in terms of the Youth Criminal Justice Act is not used to prosecute but rather promote participation in the community through educational programs and community service. This ideology is portrayed similarly in Paul-Hector’s juvenile probation sentence and community service requirements. The sentence was not intended to prosecute and punish but was directed towards a rehabilitative and educational approach. By