Governing Criminal Justice Final Exam

What is the formal definition of sentencing in Canada?

The judicial determination of a legal sanction upon a person convicted of an offence.

What are the three essential elements required for a legitimate sentence?

The sanction must be legal, it must be imposed by a judge, and it must follow a criminal conviction.

Where are the primary purposes and principles of sentencing located in Canadian law?

Section 718 of the Criminal Code of Canada.

What is the fundamental purpose of sentencing according to s. 718?

To protect society and contribute to respect for the law and the maintenance of a just, peaceful, and safe society.

List four objectives of sentencing as outlined in s. 718.

Denouncing unlawful conduct, deterring offenders, separating offenders from society, and assisting in rehabilitation.

What does the principle of proportionality (s. 718.1) require?

A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

How do judges determine which sentencing objective to emphasize?

It is left to the discretion of the sentencing judge to determine which principles to emphasize based on the specific circumstances of the case.

What is an absolute discharge?

The least restrictive sanction where there is a finding of guilt, but no conviction is registered; it remains on a record for one year.

How does a conditional discharge differ from an absolute discharge?

Absolute Discharge: The case ends immediately

• No conditions

• No supervision

• You walk away after the decision

Conditional Discharge: You must follow conditions for a period of time

• Placed on probation

• Must follow rules (e.g., keep the peace, attend counselling, etc.)

What is the maximum duration for a probation order?

Three years.

What is the purpose of a restitution order?

To require an offender to cover expenses resulting from a crime, such as property damage or lost wages, paid directly to the victim.

What are the limits on fines for summary versus indictable offences?

A maximum of $2,000 for summary convictions, with no limit for indictable offences.

What is a conditional sentence?

A term of incarceration served in the community (e.g., house arrest) for sentences under two years, provided the offender is not a public safety threat.

What happens if an offender breaches a condition of a conditional sentence?

They will serve the remainder of their sentence in prison.

What is intermittent imprisonment?

A sentence of 90 days or less that allows the offender to serve time on weekends or specific days of the week.

What is the 'long term offender' designation?

A designation for offenders with a substantial risk of reoffending, involving at least two years of prison followed by up to 10 years of community supervision.

What is a 'dangerous offender' designation?

A label for those convicted of serious personal injury offences who show a pattern of persistent aggressive behaviour, resulting in an indeterminate prison sentence.

What is a key trend in Canadian sentencing policy regarding judicial discretion?

Parliament has increasingly chosen policies that limit the choices judges can make, such as mandatory minimums and restricted conditional sentences.

What restriction exists regarding conditional sentences for indictable offences?

They cannot be imposed for offences with a maximum penalty of 14 years or life, or for offences involving bodily harm, drugs, or weapons.

What was the purpose of 'truth in sentencing' legislation?

To restrict the ability of judges to give extra credit for time spent in pre-sentence custody (remand).

Why did judges historically provide increased credit for pre-sentence custody?

Because the accused was legally innocent, to ensure parity with those who received bail, and to account for harsh conditions in remand facilities.

What was the outcome of the Supreme Court case R v. Summers [2014]?

The Supreme Court invalidated several elements of the 'truth in sentencing' law that restricted judicial discretion.

• The case dealt with credit for time spent in pre-trial custody (time in jail before sentencing)

• Under the Criminal Code of Canada, limits were placed on giving extra credit (often called “enhanced credit”).

• Judges can still give enhanced credit (1.5:1) for pre-trial custody in many cases

Are there any sentencing objectives that automatically trump others?

No, judges have the discretion to emphasize different objectives based on the case, provided the sentence remains proportionate.

What is the primary requirement for a sentence to be considered 'just'?

It must be proportionate to the offence committed and the responsibility of the offender.

What is the primary difference between a fine and restitution?

Fines are paid to fund victim services, while restitution is paid directly to the victim to cover specific losses.

What is the minimum prison sentence required for a dangerous offender designation?

At least 10 years of imprisonment.

What is a mandatory minimum sentence in Canadian law?

A minimum sentence established by Parliament that must be applied to any offender found guilty of a specific offence, removing judicial discretion to sentence below that threshold.

Approximately how many mandatory minimums exist in Canadian criminal law?

Approximately 80.

What was the central legal issue in R v. Lloyd?

Whether a mandatory minimum term of incarceration for drug trafficking violated section 12 of the Charter.

What does Section 12 of the Canadian Charter of Rights and Freedoms guarantee?

The right not to be subjected to any cruel and unusual treatment or punishment.

What was the Supreme Court's verdict in R v. Lloyd?

The Court struck down the mandatory minimum term of incarceration provided in the Controlled Drugs and Substances Act.

What argument did Joseph Ryan Lloyd make regarding mandatory minimums?

He argued that while his specific sentence might not be grossly disproportionate, the provision could apply to more sympathetic offenders, making it unconstitutional.

What are the primary objectives of the Canadian penal system?

Retribution, rehabilitation, and community protection.

What is the 'greying' of the prison population in Canada?

The trend of an increasing number of federal inmates aged 50 or older, which creates challenges for healthcare and facility management.

What is the primary governing legislation for conditional release in Canada?

The Corrections and Conditional Release Act (S.C. 1992, c. 20).

What is the role of the National Parole Board?

It is an independent administrative tribunal with exclusive authority to grant, deny, or revoke day parole or full parole for federal offenders.

When are most offenders eligible to apply for full parole?

After serving seven years or one-third of their sentence, whichever is less (excluding those serving life sentences for murder).

What happened to the 'Faint Hope Clause' in Canada?

It was eliminated, meaning offenders serving life sentences for murder must now serve 25 years before applying for full parole.

What is the difference between gradual release and statutory release?

Gradual release involves small, supervised steps toward freedom, while statutory release is immediate, unsupervised release.

Why is gradual release considered preferable to statutory release?

It allows for a 'step-by-step decompression' and better reintegration into society.

What is the definition of segregation in a correctional context?

Confining a prisoner to a cell and depriving them of contact with others for up to 23 hours a day.

How has the use of solitary confinement changed over time?

While originally used for short-term safety or discipline, the duration has increased, with some individuals spending weeks or years in segregation.

What is the approximate annual cost to house an offender in a federal correctional institution?

Approximately $116,000.

What is the approximate annual cost to supervise an offender in the community?

Approximately $31,000.

How has Canada's incarceration rate trended since 1960?

It has remained relatively stable, unlike the United States or England and Wales which saw increases.

What factors do Doob and Webster (2006) cite for Canada's stable incarceration rates?

Reliance on multiple sentencing principles rather than just retribution, and a lack of enthusiasm for 'tough on crime' policies among judges and the public.

What is the primary age range of individuals in Canadian correctional institutions?

20 to 34 years old.

Why is the correctional system considered a key concern for public management?

Due to the substantial expenditure of public dollars required to operate the system.

What is a potential option for governments looking to reduce correctional spending?

Contracting out services to the private sector or the privatization of institutions.

What is the status of the Parole Board in terms of accountability?

It is an independent administrative tribunal, meaning it is not directly accountable to any department or minister for its decisions.

What is the parole eligibility for individuals serving sentences for second-degree murder?

They can apply for parole between 10 and 25 years, as determined by the court at sentencing.

What is the main critique of policy reforms regarding conditional release?

They have made it more difficult to obtain early release and have resulted in increased lengths of custodial sentences.

What are the primary psychological risks associated with prolonged solitary confinement?

It can lead to depression, anxiety, paranoia, delusions, psychosis, insomnia, anorexia, and palpitations.

What behavioral risks are associated with solitary confinement?

It can lead to suicide, self-harm, and increased assaults on correctional officers and other inmates.

Why is the study of corrections central to governing criminal justice?

It involves the state's power to restrain liberty, requires significant public financial resources, and necessitates transparency and accountability to prevent abuse.

How does the Criminal Code of Canada define a victim?

A person against whom an offence has been committed or alleged, who has suffered physical/emotional harm, property damage, or economic loss, including those harmed by offences against others.

What is a primary victim?

The person directly affected by the criminal act, such as the owner of a burgled house.

What is a secondary victim?

A person who experiences emotional or psychological harm due to a crime committed against someone else, such as the child of a homeowner who was burgled.

What is an indirect victim?

A person or entity affected by the broader consequences of a crime, such as neighbors whose insurance rates increase due to local crime.

What was the significance of the Corrections and Conditional Release Act (CCRA) regarding victims?

It marked the first time victims were formally recognized in federal legislation governing the correctional and conditional release system.

What specific information are the Parole Board and Correctional Service of Canada required to disclose to victims?

The offender's name, the specific offence and court of conviction, the start date and length of the sentence, and eligibility dates for parole or temporary absences.

Under what condition can additional offender information be released to a victim?

If the institutional authority or the chair of the Parole Board determines that the reasons for disclosure outweigh the privacy interests of the offender.

What is the legal status of the Canadian Statement of Basic Principles of Justice for Victims of Crime (2003)?

They are largely symbolic guiding principles that provide little in the way of substantive rights for victims.

What was the primary goal of the victims' rights movement in the 1970s?

To increase the availability of financial compensation for victims of crime.

What was a major finding from the first victimization surveys introduced in 1982?

Many crimes are not reported to the police by victims.

How does the Canadian Charter of Rights and Freedoms provide indirect protection to victims?

Through Section 7 (life, liberty, and security), Section 8 (privacy/protection against unreasonable search and seizure), and Section 15 (equality rights).

What is the chief concern of all victims, regardless of the type of victimization?

The need for information regarding the criminal justice process, their individual case, their rights, and available support services.

What are 'service rights' for victims?

Rights aimed at enhancing and improving the treatment and experience of victims as they interact with the criminal justice system.

What are 'procedural rights' for victims?

Rights aimed at providing victims a means to share in the decision-making process, such as consultation prior to plea negotiations.

Why are procedural rights for victims sometimes considered controversial?

Because they may be seen as undermining the legal rights of the accused within the adversarial nature of a criminal trial.

What is the significance of the 2017 Independent Review of Ontario Corrections?

It highlighted high-profile cases of individuals spending years in segregation under poor and arguably inhumane conditions.

Does the Criminal Code definition of a victim presume the guilt of the accused?

No, the definition does not presume the guilt of the accused.

What happened to victim compensation programs by the 1980s in Canada?

All provinces had established compensation programs for victims of crime.

What is the primary limitation of the definition of a victim in the Criminal Code?

It is not considered exhaustive and does not include every possible example of a victim.

What does the term 'adversarial nature of a criminal trial' imply for victims?

It implies a system where the prosecution and defense are in conflict, making the integration of victim procedural rights complex.

What is the main difference between service rights and procedural rights?

Service rights focus on the victim's experience and information access, while procedural rights focus on victim participation in decision-making.

Why is the loss of individual liberty in incarceration a concern for the justice system?

It necessitates a focus on transparency, accountability, and the prevention of potential abuses of power by the state.

What was the impact of the 1976 repeal of capital punishment on victim research?

It led the government to become more interested in the nature of victimization, resulting in the first victimization surveys in 1982.

What is the primary desire shared by all victims of crime regardless of the victimization experienced?

A desire for improved access to information about the criminal justice process in general and regarding their specific case.

What is the recommended approach to supporting victims' rights instead of victim blaming?

Focusing on victim empowerment and supporting them rather than focusing on individual characterizations of the victim.

Which federal act primarily governs the relationship between the Canadian government and Indigenous peoples?

The Indian Act (R.S.C., 1985, c. I-5).

What is the significance of the Supreme Court decision in Daniels v. Canada [2016]?

It found that Métis and non-status Indians are to be considered 'Indians' for the purpose of section 91(24) of the Constitution Act, 1867 (Section 91(24) gives the federal government authority over: Indians, and Lands reserved for the Indians)

What are the common criticisms of the Indian Act?

It is criticized for being paternalistic, colonial, and regressive, with provisions historically aimed at the subordination of Indigenous peoples and the elimination of their cultural practices.

What does Section 35 of the Constitution Act, 1982, recognize and affirm?

It recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada.

What are the three key explanations for the overrepresentation of Indigenous peoples in the criminal justice system?

Systemic discrimination, socio-economic marginality, and colonialism.

Define systemic discrimination in the context of the criminal justice system.

The unconscious implementation of structures or policies that, while not intended to be discriminatory, have a negative impact on certain groups due to their interaction with social structures.

How does socio-economic marginality contribute to Indigenous overrepresentation in the justice system?

Structural problems like higher unemployment, lower median income, and poverty create a link between social/economic deprivation and criminality.

What is the difference between over-policing and under-policing in the context of colonialism?

Over-policing involves disproportionately targeting specific ethnic or racial groups; under-policing involves failing to fully investigate crimes against Indigenous peoples or viewing them as having less worth as victims.

What does Section 718.2(e) of the Criminal Code require of courts during sentencing?

It requires courts to consider all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Indigenous offenders.

What was the outcome of the R v. Gladue [1999] case?

The Supreme Court ruled that judges must consider the unique systemic or background factors of Indigenous offenders and appropriate sentencing procedures that account for their heritage.

What are 'Gladue' reports?

Documents prepared by the accused with a caseworker to inform the court of background, heritage, and contextual factors that provide insight into why the offender came into conflict with the law.

Has the Gladue principle successfully reduced incarceration rates for Indigenous peoples?

No, rates of incarceration for Indigenous peoples have actually increased following the Gladue decision.

What was the primary goal of the residential school system in Canada?

To remove Indigenous children from their families and minimize the transfer of cultural heritage to achieve the assimilation of Indigenous peoples.

What was the purpose of the Truth and Reconciliation Commission (TRC)?

To provide a comprehensive response to the allegations of abuse that took place in Canadian residential schools and to hear evidence and stories from survivors.

What is one central finding of the TRC regarding the criminal justice system?

The system plays a significant role in the lives of Indigenous peoples, often perpetuating cycles of violence, trauma, and substance abuse stemming from residential school experiences.

What are the two types of victims' rights mentioned in the text?

Service rights and procedural rights.

What constitutional section provides the federal government jurisdiction for policy related to Indigenous peoples?

Section 91(24) of the Constitution Act, 1867.

What rights are specifically protected under Section 35 of the Constitution Act, 1982?

While not a defined list, it has been used to protect rights to fishing, hunting, logging, and land use.

How does under-policing affect the relationship between Indigenous peoples and law enforcement?

It contributes to a lack of trust in law enforcement because crimes against Indigenous peoples are not fully investigated.

What is the historical timeframe of the residential school system in Canada?

1870 to 1996.