Canadian Criminal Justice System: Components, Processes, and Crime Trends

What are the main components of the Canadian Criminal Justice System?

The main components include law enforcement, the judiciary, and corrections.

What is the general process that suspects go through when accused of a crime?

Suspects are arrested, charged, tried in court, and if found guilty, sentenced.

What are control philosophies in the context of criminal justice?

Control philosophies refer to the underlying principles guiding how crime is managed and addressed.

What are notable crime rates and trends in Canada?

Important trends include fluctuations in violent crime, property crime, and drug-related offenses.

What challenges do police face in society?

• Public perception

• Resource limitations

• Dealing with complex social issues

What alternatives to prison exist in Canada?

Alternatives include sentencing circles for Indigenous peoples and medical perspectives on crime.

What was the Dziekianski Report about?

It investigated the death of Robert Dziekianski, a Polish immigrant, after he was tasered by RCMP.

What happened in the case of the Saskatchewan man who lost his daughters in a snowstorm?

He was sentenced to 3 years in prison after a sentencing circle concluded his tough upbringing played a role.

What was the Ashley Smith case?

Ashley Smith was a troubled youth who died in custody after guards failed to monitor her properly.

What are the three types of definitions of crime?

Legal definitions, social definitions, and constructionist definitions.

What are the two types of legal definitions of crime?

1) A law is broken; 2) A person is deemed guilty and punished.

What is the social definition of crime?

It assumes crime is a violation of social norms.

What is the constructionist definition of crime?

It views crime as a result of social interaction and negotiation among authorities.

What are the main objectives of the Canadian Criminal Justice System?

Control crime, prevent crime, and maintain justice.

What is the justice model of criminal justice?

It states that guilt, innocence, and sentencing should be administered fairly based on evidence.

What are the three agencies of the Canadian Criminal Justice System?

Secure Justice, Maintain Security, and Prevent and Control Crime.

What is the significance of the Moses Mahilal case?

It raised questions about self-defense in home invasions after Mahilal injured an intruder.

What are the two categories of law in Canada?

Public Law (includes Criminal Law) and Private Law (regulates relationships between individuals).

What is the difference between mala prohibita and mala in se crimes?

Mala prohibita are behaviors prohibited by law; mala in se are behaviors considered immoral or evil.

What are hybrid offenses in Canadian law?

Offenses where the crown prosecutor decides whether to treat the case as a summary or indictable offense.

What are the three levels of police agencies in Canada?

Municipal, Provincial, and Federal.

What is the structure of the Canadian court system?

It consists of four levels: Supreme Court, Court of Appeal, Superior Court, and Provincial Court.

What is the significance of R v Stinchcombe?

It established that the Crown must disclose all relevant evidence to the defense, regardless of its nature.

What is the Criminal Justice Funnel?

A model illustrating how many individuals suspected of a crime are filtered out of the system as it progresses, with fewer cases reaching conviction.

What does the top of the Criminal Justice Funnel represent?

All crimes that occur.

What percentage of crimes are not reported to the police?

About 50%.

What are some reasons victims do not report crimes?

• They may feel the crime is not important enough

• Believe the police cannot help

• Have dealt with it personally

• Find it too personal.

What is the impact of police discretion in the criminal justice system?

Police may choose not to lay charges against suspects, often due to the perceived minor nature of the crime or insufficient evidence.

How does being denied bail affect a defendant's outcome?

Those denied bail are less likely to be acquitted and more likely to receive longer prison sentences.

What are the two models of the Criminal Justice System developed by Herbert Packer?

Crime Control Model and Due Process Model.

What does the Crime Control Model emphasize?

Control and suppression of criminal activity with a focus on speed, efficiency, and incarceration.

What is the focus of the Due Process Model?

Protecting the rights of the accused and ensuring innocent people are not convicted.

What are the five sources of discretion in the criminal justice system?

Victims, Police, Bail Hearings, Prosecution, Sentencing.

What is the significance of the Criminal Justice Funnel?

It reveals that much crime goes unrecognized and many identified crimes do not lead to convictions or incarcerations.

What percentage of crimes are violent versus non-violent?

About 20% are violent and 80% are non-violent.

What are the top three violent crimes reported?

Assault level 1, Assault level 2, and Uttering Threats.

What are the top three property crimes reported?

Theft under $5k, Mischief, and Shoplifting.

What is the Canadian Uniform Crime Reporting (CUCR) system?

A system designed to generate reliable crime statistics with standard definitions applied to all offenses.

What are the shortcomings of the CUCR?

Issues include lack of reporting, weighting of crimes, and recording problems.

What is the purpose of victimization surveys?

To estimate unrecorded crime, explain why victims do not report crimes, and identify populations at risk.

What is the impact of extra-legal factors on sentencing?

Certain characteristics of the accused can affect sentencing decisions, leading to disparities.

What is mischief in the context of property crimes?

A collection of small crimes that disturb people or cause minor damages.

What is the trend in crime rates in Canada since 1991?

Crime rates were slowly decreasing until a temporary increase during COVID-19.

What is the relationship between crime severity and frequency?

Severity of crime follows the frequency of crime trends.

What is the significance of the time between arrest and prosecution decision?

This period generates the greatest amount of contrition among suspects.

What is the role of police in the criminal justice system?

To investigate crimes, gather evidence, and decide whether to lay charges.

Why might charges be stayed in the prosecution process?

Due to the quality of evidence, victim's reluctance to testify, or deals made with the accused.

What is a key tension in the criminal justice system?

The tension between treating everyone uniformly and recognizing that every individual who commits crime is different.

What does the justice system examine when treating individuals?

Whether treatment is unwarranted (e.g., racism, sexism) or warranted based on relevant circumstances.

What was the 60s Scoop?

The removal of Indigenous children from their families and placement into non-Indigenous homes between the 1960s and 1980s.

What did an Ontario judge rule in 2017 about the 60s Scoop?

That the federal government neglected its duty of care to up to 16,000 Indigenous children.

What impacts did the court say resulted from the 60s Scoop?

Loss of identity, addiction, mental health issues, and fractured lives.

What is prejudice?

Rigid and generalized beliefs or ideas about a group of people.

What is discrimination?

Practices that deny groups equal access to societal rewards.

How can racism appear in the criminal justice system?

Through prejudice and discrimination by institutions like the police or courts.

What happens when police act on prejudice?

It can lead to wrongful convictions, which are injustices within the justice system.

What is interpersonal racism?

One-on-one racism between individuals; views racism as a trait of an individual.

Why is the interpersonal view of racism considered incomplete?

Because racism exists on a continuum and people are shaped by living in a racist society.

What is institutional racism?

Racism that is embedded in institutions, policies, and practices.

How does institutional racism operate?

Through systems that produce unequal outcomes, even without individual intent.

What is cultural racism?

Racism embedded in cultural norms, values, beliefs, and representations.

How do later academics view racism?

As something rooted not only in individuals and institutions, but also in culture.

What is hate-explicit interpersonal racism?

Open, intentional racism meant to cause fear or anxiety.

What is polite interpersonal racism?

Racism expressed in a friendly or socially acceptable way.

What is subliminal or unconscious racism?

Racism the person is unaware they are expressing.

What is systemic (unintentional) institutional racism?

Racism that is built into systems and policies and operates without intent, but still produces unequal outcomes.

What is systematic (intentional) institutional racism?

Racism that is deliberately built into laws, policies, or practices.

What is everyday cultural racism?

Racism expressed through daily practices and language.

What is ideological cultural racism?

Racialized ideas and beliefs that a culture collectively holds.

How does victimization of Indigenous persons compare to the national average?

More than double the national average (160 vs. 74 per 100,000).

What percentage of Canada’s population is Indigenous?

About 4%.

Why is the homicide statistic significant?

Indigenous people are vastly overrepresented relative to their population size.

What historical factor has contributed to Indigenous victimization?

Residential schools.

How has the legal definition of “Indian” affected Indigenous peoples?

Through state control over identity, rights, and access to resources.

What were the requirements to convict someone of rape before 1983?

• Complainant had to be female

• Accused male

• Not married to each other

• Sexual intercourse occurred without consent

Why were the pre-1983 rape laws problematic?

Men could not report rape, not all cases involved intercourse, married people could not report spousal rape.

What law addressed the problems with the pre-1983 rape legislation?

Bill C-127 (1983).

What change did Bill C-127 bring to sexual assault law?

Introduced three levels of sexual assault with different punishments.

What is Level 1 sexual assault?

Least physical injury; max 10 years imprisonment.

What is Level 2 sexual assault?

Involves a weapon, threats, or bodily harm; max 14 years imprisonment.

What is Level 3 sexual assault?

Wounding, maiming, disfiguring, or life-endangering; life imprisonment.

Why was the victim’s sexual history restricted under Bill C-127?

To prevent irrelevant evidence like drinking, clothing, or past sexual activity from prejudicing the jury.

What happened in R. v. Seaboyer (1991)?

The accused tried to use the victim’s prior sexual history; courts restricted such evidence.

What happened in R. v. Gayme (1991)?

Defence tried to argue consent and use prior sexual conduct; courts rejected it.

What was the “extreme-drunkenness” defence (1994)?

Allowed alcohol intoxication as a defence; removed and later reinstated.

What did Bill C-46 (1997) change about victim records?

Restricted full disclosure; judge decides in a two-stage process if records are relevant to defence.

What is the two-stage process for disclosure under Bill C-46?

1) Accused convinces judge records are relevant; 2) judge considers if disclosure is necessary for justice.

What factors does a judge consider before allowing record disclosure?

• Victim’s dignity and privacy

• Defendant’s right to full defence

• Reasonable expectation of privacy

• Probative value