Age and Ageism in Sentencing Practices: Outcomes from a Case Law Review

Abstract

As Canada’s population ages, the criminal justice system will increasingly be presented with the issue of how to appropriately sentence older offenders. Through a detailed review of reported Canadian sentencing decisions involving individuals aged 60 and over, this article explores how, why, and in what way advanced age influences the exercise of judicial discretion in the sentencing of older adults. Grounded in the concept of ageism, this case law review examines whether current sentencing practices perpetuate age based stereotypes and discrimination, aiming to improve transparency and accountability in the exercise of judicial discretion in this area. If age has an impact on a penal sentence, good or bad, those on both sides of the bench can benefit from this information.

Keywords: Sentencing, Elder law, Law and Aging, Ageism, Agism

JEL Classification: K14, K41