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In Nunavut, sentencing is the process by which a judge decides what happens after a person is found guilty of a crime.

When sentencing Indigenous offenders, judges must consider their unique circumstances and experiences, such as the impacts of colonialism, racism, and residential schools.

Judges should always look for community-based or conditional sentences when possible, instead of jail.

Types of Sentences:

  • Absolute or conditional discharge: You are found guilty but not given a criminal record.
  • Absolute discharge: There are no conditions.
  • Conditional discharge: You must follow certain rules, such as not drinking alcohol, not using drugs, or staying away from a certain place.
  • Suspended Sentence and Probation: The court delays your sentence and puts you on probation for a set time. You may also have to pay a fine or follow conditions while on probation.
  • Fine: You must pay a set amount of money to the court as a penalty for breaking the law.
  • Conditional sentence: If your sentence is less than two years, the judge may let you serve it in the community instead of jail. You must follow certain conditions, like following a curfew or attending programs.
  • Imprisonment: This means going to jail. It is the most serious sentence.
  • If your sentence is less than two years, you usually serve it in a territorial jail.
  • If it is two years or more, you serve it in a federal prison.
  • Intermittent Sentence: If your sentence is 90 days or less, you may serve it on weekends or in short blocks of time instead of all at once.
  • Indeterminate Sentence (for Dangerous Offenders): If someone causes serious harm or is considered dangerous, they can be sent to jail for an indefinite time (no set end date). The Parole Board of Canada reviews the case after seven years, and every two years after that.
  • Life sentence: A life sentence means the person remains under a sentence for the rest of their life.
  • First-degree murder: No chance of parole for at least 25 years.
  • Second-degree murder: No chance of parole for 10 to 25 years.
  • Victim surcharge: An extra payment is added to a sentence to help support victims of crime.

Restitution: The offender may be ordered to pay money or repair damage to help make up for harm caused to the victim.