Canadian Criminal Justice System

Criminal Code of Canada (CCC)

A federal statute that lists the criminal offences and punishments defined by Parliament, as well as justice system procedures

Antisocial Behaviour

Conduct that can be disruptive and reduce our quality of life, but might not be considered a criminal act. Are infractions of local bylaws or minor CCC offences such as causing a disturbance, loitering, or being drunk, rowdy or rude in public.

According to the Department of Justice, laws are

Rules that forbid some behaviours and are enforced by the courts in order to reduce fear, chaos, and disorder, as well as provide a way to resolve conflicts

Informal Social Control

When people conform to the law and other social norms because of the actions and opinions of other individuals such as praise or disapproval.

Norms

Standards of acceptable behaviour that are based on tradition, customs, and values that most people in a society agree with

Methods of preventing and responding to crime emerge are dependent on

A nation’s history, religious influences, culture, political structures, and legal systems

In the case of the Attorney General v. Belford (2013), the Chief Justice ruled that

It is not a crime in Canada to sell sex for money

According to the Department of Justice, there are two types of crime

Public and Private

Public Law

A type of law addressing matters that affect society, such as responding to a person who commits a criminal act. Sets the rules for the relationship between the individual and society

Public Law includes

Criminal law, constitutional law, administrative law, and limits the exercise of governmental power over individuals through the protection of human rights and fundamental freedoms

Criminal Law deals with

Crimes and their punishments

Constitutional Law

Defines the relationship between various branches of government

Administrative Law

Deals with the actions and operations of government

Private Law

Legal matters that relate to the relationship between individuals or businesses that involve contracts

Private Law includes

Civil law, family law, wills and estates, and real estate transactions

Civil Law

Refers to the relationship between individuals that often involve contracts and the courts can become involved when disputes over these arrangements occur

The Canadian Criminal Code is a ________ that was first enacted in _______

Federal statute (an Act of the Parliament of Canada); 1892

Canadian law is dynamic, as in

It evolves with changes in society, legal decisions, technology, and notions about the best ways to respond to crime

The Safe Streets and Communities Act (2012)

Federal government legislation that intended to get “tough on crime” by imposing lengthy sentences on people convicted of trafficking drugs or accessing child sexual abuse material.

If we believe that people carefully consider the consequences of their actions before engaging in crimes, then

Tough sentences make sense

The Constitution Act, 1867

Outlines the powers that different levels of government have to enact laws and manage the criminal justice system

Section 91 of the Constitution Act (1867)

Defines the federal powers of the government

Section 92 of the Constitution Act (1867)

Gives powers to the provincial governments

The federal government has the exclusive authority to

Enact legislation regarding criminal law and procedure and includes the responsibility for providing a federal police service to enforce federal statues and to protect national security

The _______ has the authority to imprison adult offenders aged 18 years and older serving more than a 2-year sentence

Federal Government

Under the Constitution Act (1867), the provinces have the jurisdiction over

The administration of criminal justice, including the operations of local courts, provincial policing, and operations of correctional centres.

Federal, provincial, and municipal governments can enact regulations, although

Their authority to do so is limited and they cannot infringe on the Canadian Criminal Code

Violating federal, provincial or municipal regulations is

Not a crime, but can be enforced by the police or other government officials, and can result in fines and sometimes incarceration.

Jurisdiction

The range of a government’s or court’s authority

Who has jurisdiction over non-criminal traffic matters?

Provinces

Provincial/Territorial Jurisdictions

Healthcare, education, transportation; property rights (includes the regulation of things that can be owned such as vehicles, real estate, liquor, or animals); can regulate the registration of vehicles and how they are driven on the roadways.

Municipal Jurisdiction

Can enact bylaws, such as requiring homeowners to clear snow from their sidewalks or giving police the authority to respond to a noisy party.

Malum in Se

An offence that is universally thought of as evil, wrong and immoral, such as kidnapping or homicide.

Malum Prohibitum

An act that is defined as illegal or wrong by a government, but is not considered wrong in itself. Refers to an act deemed wrong because the government has defined it as unlawful and dangerous to the community. Such as speeding or recreational drug use.

Philosophers and legal scholars classify crimes by their seriousness as it relates to morality:

Malum in se and Malum prohibitum

Summary Offences

Crimes that carry a less serious punishment in which judges can impose a jail sentence of up to 6 months and/or a maximum fine of $5,000.

Indictable Offences

Serious offences such as homicide, where the defendant must appear in court and cases are heard before a federally appointed judge.

Dual/Hybrid Offences

Offences that can be prosecuted as either summary or indictable offences. The decision is made by a crown prosecutor. Includes child sexual abuse material, sexual violations against children, and some firearms offences.

The Criminal Code classifies offences by

How the offence is prosecuted and the seriousness of the offence

The components of the criminal justice system include

The police, courts and corrections.

The most visible component of the justice system

The police

Policing is a ______ responsibility

Provincial

RCMP Federal Policing is generally responsible for

Enforcing over 200 statutes such as drug offences, customs regulations, economic crimes, and immigration offences

The RCMP is contracted with ___ provinces and ___ towns/cities

8; 150

All of the policing in the NWT, Nunavut and the Yukon is carried out by

The RCMP

The majority of police are ____, followed by _____, and _____

Municipal; RCMP; Provincial

The General Social Survey (GSS)

An annual survey of Canadians that is conducted by Statistics Canada about a range of social trends, with each annual survey addressing one theme in depth

The GSS on Victimization is conducted

Every 5 years

Contract Policing

A form of policing where a police service, such as the RCMP, or OPP, provides policing to an municipality under a contract

5 Core Roles of the Police

Crime prevention, law enforcement, maintaining public peace, emergency response, and assisting victims of crime

Most activities of the police are related to

Maintaining order

Canadian courts are based on

English common-law system

Canadian courts are adversarial meaning

There are two parties who have opposing positions and their cases are heard before an impartial judge

There are ___ levels of courts in Canada

4

The ______ courts handle the great majority of cases that come into the justice system

Provincial/Territorial

The ________ courts deal with more serious crimes and also take appeals from provincial/territorial court judgements

Provincial/Territorial Superior

The highest level of the Canadian court system

Supreme Court of Canada

Provincial/Territorial Courts are also called

Inferior Courts

Inferior Courts deal with

Less serious adult and youth criminal matters, as well as civil, family, traffic and municipal bylaw cases

The Court of Queen’s Bench, Supreme Court, and Superior Court are different names for

Provincial/Territorial Superior Courts

Nunavut has one unified court called

The Court of Justice

The Provincial/Territorial Superior Courts hear

More serious matters, such as criminal prosecutions for indictable offences

Although the provinces/territories are responsible for superior courts, the judges

Are appointed by and have their salaries paid for by the federal government

Courts of Appeal (Appellate Courts)

Review decisions and can overturn or uphold decisions and sentences, are important in order to correct error and ensure that accused people or those convicted of an offence have case outcomes that are just and fair

Parties who disagree with the decisions of the Appellate Courts

Take these matters to the Supreme Court of Canada

The Supreme Court of Canada

Only hears cases that are being appealed out of a lower court; is the final court of appeal

The Supreme Court has jurisdiction over

Disputes in all areas of law, including constitutional law, administrative law, criminal law, and civil law.

The Supreme Court is distinct in its ability to

Choose to hear a case or let the decision of the provincial/territorial courts of appeal stand, and can overturn laws that are unconstitutional

Two Adult Correctional Systems

Jails/Provincial Correctional Centres and Federal Corrections (Penitentiaries)

Jails/Provincial Correctional Centres

Facilities where individuals are held awaiting their court appearances.

Detention Centres

Facilities where individuals are held awaiting their court dates or serving short periods of incarceration. Can hold inmates sentenced to short terms (under 60 days) of incarceration

Correctional Centres

Facilities that hold inmates sentenced to terms of incarceration of 2 years or less

Functions of Correctional Centres

Hold individuals awaiting their court dates and hold inmates serving sentences of less than 2 years

The federal prison system is operated by

The Correctional Service of Canada (CSC)

Penitentiaries

Hold those who are convicted of the most serious offences in Canada, and sentenced to 2 years or longer. Vary in size and include small treatment centres and special handling units. Security ranges from minimum to maximum

Special Handling Units

High-security units within a maximum-security penitentiary where the movement of prisoners is very controlled

Aboriginal Healing Lodges

Operated or funded by the CSC and use Aboriginal values, traditions, and beliefs to design services and programs for offenders, including aboriginal concepts of justice and reconciliation

Community Correctional Centres

Ran by the CSC, allow inmates to enter the community in a structured and gradual manner. Sometimes called half-way houses

Day-Parole

A type of release for federal prisoners who live in a community-based facility and usually work, attend school, or participate in treatment during the day.

Any release on parole must first be approved by

The Parole Board of Canada

The Parole Board of Canada

Reviews each case and bases their decision to release the individual back to the community on comprehensive reports and assessments conducted by CSC staff members

For every inmate in custody there are ____ adult probationers/parolees, and most of them are serving a probationary sentence

3

Statutory Release

A form of supervised release that is automatically granted after federal prisoners with determinate sentences of 3 years of longer have served 2/3rds of their sentence. — Doesn’t apply to dangerous offenders or lifers serving indeterminate sentences

Probation Officers

Prepare reports for the courts about sentencing options for individuals convicted of crimes and monitory their activities if serving community-based sentences

Secure/Closed Custody Facilities

High-security youth custody facilities that are usually large and often look similar to adult correctional centres. Include rehabilitation programs that are tailored to the individual needs of the youth

Most youth remanded in custody prior to their court appearances are placed in ______ to ensure they will not escape

Secure/Closed Custody Facilities

Probation Order Conditions

Keep the peace and be of good behaviour, appear in court when ordered by the court, advise the court or probation officer about any change of name, address, or employment — may involve attending specialized treatment

Open Custody Facilities

Low-security youth custody facilities that are generally small and are sometimes located in residential neighbourhoods. Tend to be fairly small and often have fewer than 20 residents. Youth attend school or work during the day and return to the facility in the evenings

Discretion enables workers in the criminal justice system to

Operate in a more effective and efficient manner

Factors involved in Police Discretion

Seriousness of the crime, the officer’s priorities and beliefs, the individual’s demeanour, and established priorities

Filtering

At every point in the justice system individuals are filtered out through the discretion made by workers in each component of the system.

Sequencing

An aspect of filtering, referring to the treatment of people involved in the justice system following a set pattern that is dictated by law and policy.

Alternative Measures Programs (Extrajudicial Sanctions for Youth)

Programs that divert individuals involved in minor crimes, such as property offences, from the formal justice system and usually require the individual to participate in community service work, making restitution to victims, attend counselling, or make an apology to victims. — Funded by the provincial/territorial goverment

Restitution

When an individual makes a payment to the victim for the losses that were experienced by the victim such as property damage or loss

Plea Agreement

An agreement arranged by a defendant’s counsel and a prosecutor that usually involves the accused pleading guilty in return for a less serious punishment

Main Goals of the Criminal Justice System

Preventing crime, protecting the public, supporting victims of crimes their families and witnesses, holding people responsible for crimes they committed, and helping offenders return to the community and become law-abiding members of the community

Traditional Crime Prevention Programs

Intend to deter potential wrongdoers by detecting crimes and then arresting and punishing them.

Crime is a predictable outcome of

Poverty, addictions, and breakdowns in health, education, and social service programs

Challenges of reforming offenders

Return to the same conditions from which they came (impoverished, substance abuse, lack of positive role models, few job opportunities, high numbers of gang members), short sentences provide limited time to rehabilitate, costs limit effectiveness

Crime Control Model

An approach to justice thats based on the philosophy that its more important to protect society than the rights of any individual. Assume guilt, support swift and severe punishment; believe that police and prosecutors carry out the most important work