Canadian Criminal Justice System Overview

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Questions and Answers

What is the Penal Voluntary Sector (PVS)?

The Penal Voluntary Sector (PVS) encompasses non-governmental organizations (NGOs) that primarily work with criminalized individuals, aiming to provide additional support services for them in institutions and communities.

What is one advantage of the PVS being embedded in the criminal justice system?

The PVS encourages the criminal justice system to take a more active interest in rehabilitation by providing individualized support and addressing the broader social and welfare needs of offenders, potentially leading to reduced recidivism.

What is one challenge of the PVS being embedded in the criminal justice system?

The PVS's embedding within the criminal justice system can create tensions and blur lines between care and control, potentially leading to NGOs being pressured to align with punitive priorities rather than advocating for systemic change.

What are two arguments in favor of safe-needle exchanges in prisons?

They reduce the transmission of HIV and Hepatitis C, prevalent conditions within prison populations. This contributes to public health safety for all. Signup and view all the answers

What are two arguments against safe-needle exchanges in prisons?

Implementation can face resistance from prison staff due to safety concerns about needles being used as weapons. Signup and view all the answers

What does the evidence indicate about the effectiveness of safe-needle exchanges in prisons?

International evidence suggests that safe-needle exchanges have been effective in reducing disease transmission without significantly impacting safety. Signup and view all the answers

Why is delay in the criminal justice system a concern?

Delay in the criminal justice system is a concern because it undermines the principle of "justice delayed is justice denied," as stated in R v Jordan (2016). Signup and view all the answers

What are three causes of backlog and delay in the criminal court?

Increasing complexity of cases and evidence, with new technologies and digital forensics. Signup and view all the answers

What is one advantage of establishing presumptive time limits for case resolution?

Presumptive time limits provide a clear framework to prevent excessive delays, potentially ensuring more timely proceedings. Signup and view all the answers

What is the significance of the Supreme Court of Canada's Gladue (1999) decision?

The Gladue Decision emphasizes the need to consider Indigenous offenders' unique systemic and historical circumstances in sentencing, interpreting Section 718.2 of the Criminal Code. Signup and view all the answers

What section of the Criminal Code was interpreted in the Gladue decision?

The Gladue decision interpreted Section 718.2 of the Criminal Code. Signup and view all the answers

The Gladue decision has effectively eliminated the over-representation of Indigenous Peoples in Canadian prisons.

False Signup and view all the answers

What are Gladue reports?

Gladue reports provide an offender's background and circumstances, including their unique cultural and societal context, informing the sentencing process. Signup and view all the answers

What are five parallels between the film 13th and themes discussed in the course?

Historical parallels, with the film comparing slavery to modern-day incarceration, demonstrating the use of imprisonment as a tool of colonial oppression. Signup and view all the answers

Study Notes

Penal Voluntary Sector (PVS)

PVS encompasses NGOs supporting criminalized individuals, aiming for system reform and rehabilitation.
Operates primarily within the Canadian criminal justice system (CJS) under contract.
Advantage: Promotes CJS rehabilitation efforts with individualized support, reducing recidivism.
Challenge: Embedded PVS may face pressure to align with punitive priorities, compromising independence and effectiveness.

Safe-Needle Exchanges in Prison

Arguments For:
- Reduces HIV/Hepatitis C transmission, enhancing public health.
- Recognises drug use as a health issue, not solely criminal behaviour.
- prioritizes harm reduction over punishment.
Arguments Against:
- May encourage drug use within prisons.
- Staff concerns regarding safety risks (needles as weapons), and negative effects on disciplinary efforts.
Evidence: Safe-needle exchanges internationally reduce disease transmission, while maintaining prison safety standards.

Delay in Criminal Court

Problem: Delay undermines justice, harming victims, accused, and public confidence in the CJS.
Causes:
- Judge/court resource scarcity.
- Lengthy pretrial processes (bail, resolution discussions).
- Complex cases/evidence (new tech and forensics).
Presumptive Time Limits:
- Advantage: Clear framework for timely proceedings.
- Disadvantage: Possible dismissal of serious cases due to procedural violations, allowing offenders to evade accountability.

Gladue Decision (1999)

Significance: Acknowledges Indigenous offenders' unique circumstances in sentencing, interpreting Criminal Code Section 718.2, emphasizing non-prison alternatives.
Impact: While raising awareness and introducing Gladue reports, its practical effect has remained limited, likely due to systemic biases, lack of resources for impactful alternatives to incarceration, and inconsistent application of Gladue principles.

Parallels Between 13th and Course Themes

Mass Incarceration/Systemic Racism: Disproportionate impact of incarceration on Black Americans resembles Indigenous over-representation.
Economic Exploitation: Prison-industrial complex parallels PVS organizations controlled by the state for cost-efficiency.
Historical Parallels: Likens modern incarceration to historical slavery, highlighting historical oppression.
Harm Reduction and Rehabilitation: Advocates for decarceration and nuance-based approaches to crime, as opposed to solely punitive measures.
Structural Inequities: Discussion of systemic justice barriers reflects CJS issues like bail inequities and sentencing discrimination.

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Description

This quiz explores the concepts of the Penal Voluntary Sector and safe-needle exchanges in the Canadian criminal justice system. It addresses the benefits and challenges of the PVS in promoting rehabilitation and evaluates the arguments surrounding harm reduction strategies in prisons. Test your knowledge on these vital topics affecting criminalized individuals.