Foundations, Structure, and Social Issues in Canadian Criminal Justice

Comprehensive practice flashcards covering legal foundations, justice principles, institutional processes, procedural models, statistical trends, and social inequalities in the Canadian criminal justice system.

What are the core differences between law and justice according to Table 1.1?

Law is a concrete set of formal rules created and enforced by government to regulate behaviour and maintain order. Justice is an abstract, broader universal concept based on equality, morality, and fairness that focuses on equitable outcomes, which may require deviating from strict legal procedures.

According to this diagram of the divisions of Canadian law, how is substantive law categorized and what specific branches does it include?

Substantive law is divided into Civil Law, which consists of five branches: Labour Law, Family Law, Tort Law, Property Law, and Contract Law.

What does the Latin legal principle actus non facit reum nisi mens sit rea mean, and what are its recognized exceptions regarding criminal capacity?

It means 'an act does not make a person guilty unless they have a guilty mind,' requiring both a wrongful act (actus reus) and guilty intent (mens rea). Children under the age of 12 and individuals with certain severe mental disorders are deemed unable to form mens rea and cannot be held criminally responsible.

How do the principles nullum crimen sine lege, nulla poena sine lege and nemo debet bis vexari pro eadem causa operate in the Canadian legal system?

Nullum crimen sine lege, nulla poena sine lege prohibits retroactive laws (no crime or punishment without a law). Nemo debet bis vexari pro eadem causa prevents double jeopardy, although in Canada an acquitted defendant may still face retrial if the Crown successfully appeals an error of law.

What protections and legal standards are established by ignorantia juris non excusat and nemo tenetur seipsum accusare?

Ignorantia juris non excusat establishes that ignorance of the law is no excuse to keep the legal system workable. Nemo tenetur seipsum accusare establishes that no one is compelled to incriminate themselves, guaranteeing the right to silence, barring coerced confessions from court, and protecting the choice not to testify.

What was the ruling in Carter v. Canada (AG) (2015), and what legislative amendment followed in June 2016?

The Supreme Court of Canada ruled that section 14 and paragraph 241(b) of the Criminal Code were unconstitutional for prohibiting physician-assisted consensual death. In June 2016, Bill C-14 received royal assent, legalizing medical assistance in dying (MAID) for terminally ill patients.

What requirements were established under Quebec's Bill 62 (2017), and what proportion of Quebeckers polled supported it?

Bill 62 (An Act to foster adherence to State religious neutrality) required citizens to have their faces uncovered when receiving or delivering public services (e.g., transit, libraries, daycares). A provincial poll showed that 87 percent of Quebeckers supported the legislation.

According to the overview of the adult criminal justice system flowchart, what determines whether an offender is sent to a provincial/territorial or federal correctional facility?

Sentences of incarceration of two years less a day are served in a Provincial/Territorial Institution, whereas sentences of two years or more are served in a Federal Institution.

What specific case statistics illustrate the attrition of criminal cases through the Canadian criminal justice funnel?

Out of 2,204,812 incidents reported to police in 2017, only 226,231 resulted in guilty findings in adult criminal court (2016–17), 85,543 resulted in sentenced admissions to provincial/territorial custody, and 4,718 led to federal warrant of committal admissions (2017–18).

How do crime rates and intimate partner violence differ between rural and urban areas in Canada according to 2021 data?

Rural areas represent 15% of the provincial population but account for 30% of traffic offences, 24% of violent crimes, and 18% of property crimes. Intimate partner violence is almost twice as prevalent in rural areas (545 victims per 100,000 aged 12 and older compared to 296 in urban areas).

How do the Crime Control Model and Due Process Model differ in their primary purposes and handling of factual versus legal guilt?

The Crime Control Model prioritizes public protection, deterrence, efficient case processing, and carries a strong presumption of guilt. The Due Process Model prioritizes equal justice and procedural rights, accepting that a defendant may be factually guilty but legally innocent if proper constitutional rights were violated.

What are the major procedural differences between Common Law and Civil Law legal systems regarding the judge's role and plea bargaining?

In Common Law (adversarial), the judge remains neutral and impartial while active lawyers direct evidence, relying on precedent, with plea bargaining being a central feature. In Civil Law (inquisitorial), the judge actively investigates and questions witnesses with passive lawyers, little precedent is used, and plea bargaining is generally not allowed.

What are the three tiers in the evidentiary burden of proof pyramid in Canadian criminal justice, and which standard is required for a criminal conviction?

From bottom to top, the three tiers are Reasonable Suspicion to Believe, Reasonable and Probable Grounds to Believe, and Beyond a Reasonable Doubt. Beyond a Reasonable Doubt is the standard required for the Crown to secure a criminal conviction.

What proportions of criminal justice expenditures in Canada are spent on security, corrections, and courts?

Security (policing) accounts for 57% of expenditures, corrections accounts for 23%, and courts account for 20%.

According to Figure 2.11, what four relational groups and social networks interact around justice agencies in restorative justice?

The four components are the Victim (along with the Victim's Social Network), the Offender (along with the Offender's Social Network), and the Local Community (situated within Wider Society), which all interact with Justice Agencies.

What are the four entry points for restorative justice in the Canadian criminal justice system?

The four entry points are: 1. Police (pre-charge); 2. Crown (post-charge, pre-conviction); 3. Courts (post-conviction, pre-sentence); and 4. Corrections (post-sentence, pre-reintegration, and integration).

How do retributive justice and restorative justice contrast in terms of problem definition, process, and accountability?

Retributive justice views crime as laws broken against the state, uses an adversarial expert-driven process, and defines accountability as taking punishment. Restorative justice views crime as broken interpersonal relationships, uses community-based consensus, and defines accountability as repairing harm and restoring balance.

What was the trajectory of Canada's official poverty rate between 2016 and 2020?

The poverty rate declined continuously from 14.50% in 2016 to 11.90% in 2017, 11.20% in 2018, 10.30% in 2019, and 6.40% in 2020.

What inequalities in life expectancy were reported in Canada between 2011 and 2016 based on education and income brackets?

The life expectancy gap between individuals with less than a high school diploma and those with a university degree was 7.8 years for men and 6.7 years for women. Between the lowest and highest income brackets, the gap was 7.7 years for men and 5.4 years for women.

What distinction between equality, equity, and justice is demonstrated by this diagram?

Equality provides everyone with the exact same resource regardless of individual need; equity distributes resources based on specific needs to provide equal access; justice alters or removes the underlying structural barrier entirely so accommodations are no longer necessary.

What were the trends and total volume of police-reported hate crimes motivated by race or ethnicity in Canada in 2021?

There were 1,723 police-reported hate crimes motivated by race or ethnicity in 2021 (a 6% increase from 2020). Black Canadians were the most targeted group with over 640 incidents, followed by East and Southeast Asian, South Asian, and Arab and West Asian populations.

What percentages of Black and Arab/West Asian respondents reported experiencing racial profiling in Ontario, and what is its cumulative effect on belonging?

72.5% of Black respondents and 63.0% of Arab or West Asian respondents reported experiencing racial profiling. Experiencing three or more incidents increased the rate of decreased sense of belonging or trust in society from 44.4% (for one incident) to 73.8%.

What proportion of solved homicides involving female victims and male accused from 2011 to 2021 were classified as gender-related, and who were the primary perpetrators?

77% were classified as gender-related. Two-thirds (66%) were committed by an intimate partner, 28% by a family member, and 6% by a friend, acquaintance, or stranger. In addition, 1 in 5 (21%) involved an Indigenous woman or girl.

What are the historical details and legal outcomes surrounding the '60s Scoop' in Canada?

Between the 1960s and 1980s, up to 16,000 Indigenous children were removed without parental consent and placed with non-Indigenous families in Canada, the US, and the UK. In 2017, an Ontario judge ruled the federal government breached its duty of care, leading to a $750 million settlement for First Nations and Inuit children removed between 1951 and 1991.

According to Foster et al. (2023), what proportion of Canadians across racial groups perceive racism in the criminal justice system as a serious problem?

A serious or very serious problem is perceived by 90 percent of Black respondents, 82 percent of Indigenous respondents, 66 percent of Asian Canadian respondents, and 66 percent of White respondents.