Crim 150 - Administration of Justice

Final test prep for Crim 150.

Canadian Judicial Council

• Oversees federal judges

• Focuses on concerns and conduct of judges

• 41 counsil members

• Led by Richard Wagner

Senate

• Appointed

• No confidence votes

• Cannot initiate legislation

• Bills can be introduced in ______ or HOC

• ‘S-Bills’ are introduced here and range from #201-1000

• Bills will be finalized here

Senator

• Appointed by recommendation of PM

• Works in Senate with 105 others representing each province

• Represents interest of minority groups

Member of Parliament

• Elected politician in the HOC

• 338 Members representing electoral district

• Vote on legislation

• Introduce bills (majority government)

MLA

• Considers and votes on bills

• Represents their constituency

Senate Bills

• Labelled ‘S-Bills'

• Cannot be bills on public funds or relating to taxation

Provincial Legislative Bills

• MLA introduces bill (1st read)

• MLA’s debate (2nd reading)

• Participate in Committee of the Whole (each section of bill is debated), and can make amendments

• Report Stage (Complete w/ Amendment, Complete w/o amendment (straight to 3rd reading))

• 3rd reading

• Royal Assent (Lieutenant Governor)

House of Common Bills

• Labelled ‘C-Bills’

• Numbered from 1-200

• Completes 3 reading in each chamber (senate being other)

• Royal Assent (Governor General)

Report stage

Reported with or without amendments from Committee

First reading

• usually starts in HOC

• Introduced by MP or Minister

• does not require debate

• to propose a new bill, or change an existing one

• Can be Government (common) or Private member (BB, Opp)

Second reading (referral to committee)

Gives members of parliament an opportunity to debate the idea of bill

Committee stage

Is the process of reviewing a bill, debating, and to propose potential amendments. Looks into the bill with detailed consideration

Report stage

Process of receiving bill from the committee stage with or without amendments. If no changes, it goes straight to 3rd stage.

Third stage

Further debate bill, additional amendments may be considered. This stage can motion adoption and will be send to Senate

Royal Assent

the approval given by a monarch or their representative (governor general) to a bill that has passed the legislative body

Supreme Court of Canada

• Highest court of canada

• Final court of appeal

• Hears appeals from provincial appeal courts

• Appoints federal cabinets

Idealogy

A philosophy or set of beliefs about how society should be run.

Retributive Justice

is the punishment or penalty imposed on someone as a form of justice for their wrongdoing.

Reductive justice

Involves Prevention, Detterrance, Rehabilitation, Incapacitation

Restorative justice

is a theory of justice that focuses on repairing the harm caused by criminal behavior

Incapacitation

a crime control strategy that prevents offenders from committing further crimes by removing them from society

Rehabilitation

helping offenders reintegrate into society by addressing the causes of their behavior with programs

Specific Deterrence

defined as punishing someone (a speeding ticket) in hopes that it deters them (tickets) in the future.

General Deterrence

defined as preventing an offender from breaking the law (speeding) in the first place

Denunciation

defined as letting someone know that their behavior from crime is unacceptable with public criticism

Prevention

refers to the strategies and measures implemented to reduce the occurrence of criminal activities and promote public safety. It involves various approaches, including situational crime prevention, community-based initiatives, and law enforcement efforts

Coming into Force & Effect

a point in time when a law becomes legal and enforceable

Municipal police

• Powers given through Municipalities Act

• Serve 114,000

• Paid through property tax

Provincial police

• In certain provinces the RCMP are ____________

• ONT and QUE strictly have these as main police service

• Contracts ensure that towns have representation

Judicial independence

refers to the principle that judges should be free from external influences and pressures when making decisions. It ensures that judges can act impartially and without fear of retaliation.

Independent Investigations Office

Mandated to conduct investigations into police-involved incidents of deaths or serious harm. Come from a separate police form for impartial and non-bias approach

Police boards

Consists of a mayor, one person appointed by municipal council, and up to 7 others. Can serve up to 6yrs. Used for governing budgets and organization of police force

RCMP

Canada's federal law enforcement agency that enforce federal laws and provide policing services to provinces and territories

Victim

is a person who has been harmed, injured, or affected by a crime or wrongdoing.

Judiciary

the branch of government responsible for interpreting and applying the law.

Victim Impact Statement

a statement made by a crime victim to express the impact of the crime on their life. It is presented during the sentencing phase of a trial and allows the victim to share their experiences, emotions, and opinions

Victim services

supports individuals affected by crime, abuse, or trauma. They address physical, emotional, and practical needs, and help navigate the justice system. Services include crisis intervention, counseling, legal advocacy, shelter, medical assistance, and referrals.

Government Bills

• Proposed by majority government

• Initiated by MP or Minister

• Most common

• Used for public interest or funding

Private member bills

Proposed by backbencer or opposition, very rare, few succeed

Omnibus Bill

a single piece of legislation that addresses multiple unrelated issues or topics. It is often used in government to streamline the legislative process by combining several smaller bills into one larger bill.

Stages of legitimization

• Force and Effect

• Approving regulations (Rules that cabinet and F/T/P discuss)

• Assigning resources ($$$ and staff)

• Detailed policies and procedures (developed by public service)

Act

after a bill is passed through legislation. It is also a form of written law

Bill

is a proposed law presented to a legislative body for consideration. It outlines the purpose, provisions, and impact of the law.

Common law

the process of looking back to past decisions of court.

Stare decisis

the principle that cases should be decided according to consistent rules and rulings from other judges.

Judicial Discretion

the power of judges to make decisions based on their own judgment and interpretation of the law, rather than being strictly bound by rules or precedents.

Criminal law

the operation of penal institutions, criminal procedures, evidence, and police investigations.

Criminal Code of Canada

federal law that lists criminal offenses and penalties in Canada. It also includes rules for criminal procedure, sentencing, and other legal matters in Canadian criminal justice.

Federal court of canada

deals with non-criminal federal matters such as immigration and refugees, tax

BC Court of Appeal

●holds NO trials- only deals with appeals from Supreme and Provincial Court

●Federal cabinet appoints.

Supreme Court of BC

is the highest trial court in the province that has say over civil and criminal matters

Provincial court

are lower-level courts that handle a wide range of cases within a specific province or territory.

Judicial appointments

involves selecting and appointing judges. Judges are appointed by the Governor General with recommendations from the Ministry of Justice

Policing agreements

there are three agreements that allow the RCMP to act as BC’s provincial police force as well as municipal police force. Prov Police service, Muni service policing, Muni police. unit

Secondary victim

refers to an individual who suffers harm or distress as a result of witnessing or being informed about an incident or accident, rather than being directly involved in it.

Publication ban

is an order the Court makes that prevents anyone from publishing, broadcasting, or sending any information that could identify a victim

Victim surcharge

is a penalty for offenders that supports crime victims and victim services. It is added to the offender's sentence or fine and collected by the court.

Crime reduction units

a team that proactively targets property crime offenders, prolific offenders, as well as conducts warrant apprehensions on people with outstanding arrest warrants.

Victim bill of rights

Safeguards victims. These rights include fair treatment, information about the justice process, presence at court, restitution, and protection from the accused

Parole board of canada

organization that has say in releasing offenders from federal institutions

Canadian Security Intelligence Agency

collects and analyzes intelligence to protect Canada from national security threats. It operates under the _______ Act, investigating and advising the government to ensure the safety and security of Canadians.

BC Corrections

oversee custody, community supervision, and operate correctional centres with programs

Youth correction

refers to the system and practices aimed at rehabilitating and reintegrating young offenders into society

Correctional service of canada

manages federal offenders in Canada, aiming to promote public safety by helping offenders rehabilitate and reintegrate into society. CSC operates penitentiaries, parole offices, and community correctional centers to fulfill its mandate.

First nations policing program

improves policing services in First Nations communities. It funds culturally responsive community-based policing services that meet the unique needs of First Nations. The program encourages collaboration between First Nations communities, provincial/territorial governments, and the federal government for effective and sustainable policing.

Problem in information sharing

• Multiple mandates

• Barriers to sharing (privacy laws)

• Diversity and complexity (hard to keep up with different agencies)

• Interoperability (use of multiple databases for info sharing, and used for fingerprinting, child pornograpgy

Forensic Psychiatric Services

Assess, diagnose, and treat individuals with mental health issues involved in legal proceedings

Sheriff services

serve various roles, including courtroom security, prisoner transportation, and executing court orders