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What are the three primary objectives of the penal system?
Retribution, rehabilitation, and community protection.
What are common issues in public management of criminal justice?
Independence vs. accountability, cost, and privatization.
What is the average cost per inmate per day in Canada?
$323 per day.
What did the Archambault Commission (1938) recommend?
Prison reform emphasizing rehabilitation, humane discipline, and creation of an independent parole board.
What was the focus of the Fauteux Commission (1956)?
Conditional release, parole as motivation for rehabilitation, and proportionality in sentencing.
What key ideas came from the Ouimet Committee (1969)?
Rehabilitation over punishment, criticism of corporal punishment, and support for early reintegration.
What caused the Kingston Penitentiary riot in 1971?
Overcrowding, harsh conditions, and rumors of transfers to Millhaven.
What was one key outcome of the Kingston inquiry?
Creation of the Office of the Correctional Investigator.
What law governs Canada’s correctional system?
Corrections and Conditional Release Act.
Who oversees federal penitentiaries in Canada?
Correctional Service Canada (CSC) for sentences of 2+ years.
Who is responsible for granting parole?
National Parole Board, except in Ontario and Quebec.
How many offenders does CSC manage (as of 2022)?
Approx. 22,000 (13,280 incarcerated, 8,720 in community).
What is CSC’s mission?
Encourage offenders to become law-abiding citizens while ensuring safety and humane control.
Has Canada’s incarceration rate increased dramatically since 1960?
No—it has remained fairly stable.
What helps limit rising incarceration in Canada?
Historical restraint, federal jurisdiction, judicial independence, and cultural skepticism of harsh punishment.
What structural factor limits punitive shifts in criminal law?
The federal control over the Criminal Code.
Why are Canadian judges more independent than U.S. judges?
Canadian judges are appointed, not elected or recalled.
What law replaced the Ticket of Leave Act?
The National Parole Board was created in 1959.
What is the difference between conditional and statutory release?
Conditional requires approval; statutory happens at 2/3 of sentence automatically.
What is the goal of conditional release?
Safe, gradual reintegration using least restrictive means to reduce recidivism.
What recent trends threaten parole in Canada?
More restrictive policies, longer ineligibility periods, and declining parole grants.
What percentage of releases are now statutory?
Over 65%.
What is solitary confinement?
Isolation for up to 23 hours/day with minimal contact or services.
What concerns exist about segregation?
Mental health harms, misuse for managing difficult inmates, lack of rehab access, and inconsistency.
What happened to Ashley Smith?
A 1-month sentence became 4 years in segregation; she died while being watched and not helped.
What was the result of the Smith inquest?
A verdict of homicide and 104 recommendations including abolishing indefinite solitary confinement.
Name 2 key recommendations from the Ashley Smith Inquiry.
Abolish indefinite solitary confinement and increase mental health resources and staff discretion to override harmful orders.
What did the SCC decide in R v. Olson (1987)?
Solitary confinement does not violate s.12 of the Charter.
What did R v. Anderson (2014) note about segregation?
It is harsher and more degrading than general population custody.
What did ONCA decide in CCLA v. Canada (2019)?
Segregation over 15 days violates s.12 of the Charter.
What did BCCA rule in John Howard Society v. Canada (2019)?
Violated s.7 and s.15—found solitary to be overbroad and discriminatory.
What did Bill C-83 aim to do?
Replace solitary confinement with Structured Intervention Units (SIUs).
What do SIUs provide?
4 hours out of cell, 2 hours of meaningful human contact, access to programs and healthcare.
Why are SIUs criticized?
Still similar to solitary confinement, no time limits, oversight is weak, many inmates don't receive required time out of cells.
What shapes how governments manage criminal justice systems?
Political choices and value judgments made by public authorities.
Why is criminal justice policy politically contested?
It reflects ideological debates about punishment, rehabilitation, and public safety.
What is a key financial issue in managing corrections?
High operational costs—$323/day per inmate, funded by taxpayers.
What is a concern about privatization in corrections?
Reduced accountability and public oversight.
Has Canada followed U.S.-style punitive trends?
No—Canada has generally resisted such trends, maintaining a stable incarceration rate.
What role do courts play in Canadian sentencing?
Courts help maintain balance and guard against excessive punishment.
Why does centralized criminal law protect against punitive policies?
Limits provincial political influence over sentencing laws.
Why does judicial appointment matter in Canada?
Appointed judges are independent and not swayed by public opinion or elections.
Why can’t Canadian citizens create criminal law via ballot initiatives?
Canada does not allow citizen-led initiatives for federal criminal laws.
What cultural value shapes Canada’s approach to crime?
Communitarianism—prioritizing collective responsibility and reintegration.
What is the cultural view on punishment in Canada?
Skepticism that punishment alone reduces crime.
What are the two types of conditional release?
Day parole: part-time supervised reintegration; Full parole: full-time release under conditions.
What is statutory release?
Automatic release after serving 2/3 of a sentence; not earned.
Can parole be used to correct a sentence?
No—parole is for risk management, not sentence adjustment.
Why are parole grant rates declining?
Policy shifts toward custody-first models and tough-on-crime politics.
What’s a risk of fewer parole grants?
Overreliance on statutory release, which offers less supervision planning.
What percentage of inmates in SIUs did not receive the full 4 hours out-of-cell?
3 in 10.
What percentage remained in isolation longer than 15 days?
1 in 10.
Why might SIUs still be considered solitary confinement?
They retain the same conditions with minimal oversight and no time limit.
What are the 3 most common reasons for SIU transfers?
What have advisory panels found about SIUs?
Overused, extended stays, overrepresentation of inmates with mental illness, failure to meet minimum contact and out-of-cell time.