Negative Retributivism: A Response to R. v. Ipeelee's Innovative Call

Wernikowski discusses two particularly important provisions under Bill C-41: s. 718.1, the proportionality principle; and s. 718.2(e), a secondary sentencing principle which states "all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders." He focuses on R. v. Ipeelee, the Supreme Court of Canada's ("SCC") provocative 2012 decision where it provided a seminal interpretation of these provisions.