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?

<p>They reduce the transmission of HIV and Hepatitis C, prevalent conditions within prison populations. This contributes to public health safety for all. (A), Prioritizing harm reduction over punishment offers a more sustainable solution for incarcerated populations. (D), These programs acknowledge drug use as a public health issue, recognizing that it is often tied to health issues beyond criminal behavior. (F)</p> Signup and view all the answers

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

<p>Implementation can face resistance from prison staff due to safety concerns about needles being used as weapons. (A), They run the risk of encouraging drug use within prisons. (B), The program itself undermines disciplinary efforts within the prison system. (E)</p> Signup and view all the answers

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

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

Why is delay in the criminal justice system a concern?

<p>Delay in the criminal justice system is a concern because it undermines the principle of &quot;justice delayed is justice denied,&quot; as stated in <em>R v Jordan</em> (2016).</p> Signup and view all the answers

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

<p>Increasing complexity of cases and evidence, with new technologies and digital forensics. (A), Lack of judges and court resources, leading to case backlogs. (D), Lengthy pretrial processes, including bail hearings and resolution discussions. (E)</p> Signup and view all the answers

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

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

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

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

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

<p>The <em>Gladue</em> decision interpreted Section 718.2 of the Criminal Code.</p> Signup and view all the answers

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

<p>False (B)</p> Signup and view all the answers

What are Gladue reports?

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

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

<p>Historical parallels, with the film comparing slavery to modern-day incarceration, demonstrating the use of imprisonment as a tool of colonial oppression. (A), Economic exploitation, with the film highlighting the prison-industrial complex, a relationship mirroring PVS organizations controlled by the state for cost-efficiency. (D), Mass incarceration and systemic racism, particularly affecting Black Americans, reflecting the issue of Indigenous over-representation in Canadian prisons. (E), Harm reduction and rehabilitation, where the film, similar to course content, advocates for decarceration and more nuanced, public health-oriented approaches to crime. (F), Structural inequities, as the film discusses systemic barriers in the path to justice, mirroring issues like bail inequity and sentencing discrimination in the Canadian criminal justice system. (G)</p> Signup and view all the answers

Flashcards

Penal Voluntary Sector (PVS)

NGOs supporting criminalized individuals, providing services, advocating for reform, working with the state to rehabilitate offenders.

PVS advantage

Encourages the criminal justice system to prioritize rehabilitation by providing individualized support, reducing recidivism.

PVS challenge

Potential tension between care and control; pressure on NGOs to align with punitive priorities, compromising independence and genuine reform.

Safe Needle Exchanges (Prisons)

Programs reducing disease transmission (HIV, Hepatitis C) in prison through safe injection practices.

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Safe Needle Exchanges (For)

Reduces disease transmission, views drug use as a health issue, prioritizes harm reduction.

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Safe Needle Exchanges (Against)

Potential for increased drug use; staff safety concerns (needles as weapons), undermines discipline.

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Safe Needle Exchanges (Evidence)

Internationally, effective in disease reduction without significant safety issues.

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Justice Delay Concerns

Unduly harming victims and accused through prolonged proceedings, undermining the principle of justice.

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Backlog Causes

Lack of resources (judges, court resources), prolonged pre-trial processes, and case complexity.

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Presumptive Time Limits (Advantage)

Provides a framework to prevent excessive delays in court proceedings, ensuring timely resolution.

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Presumptive Time Limits (Disadvantage)

Could lead to dismissal of serious cases due to procedural time violations.

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Gladue Decision (Significance)

Recognizes unique circumstances of Indigenous offenders in sentencing.

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Gladue Decision (Criminal Code Section)

Section 718.2: considers alternatives to imprisonment, and gives special attention to Indigenous offenders.

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Gladue Decision (Impact)

Increased awareness, but inconsistent application, insufficient resources, systemic biases limit practical change in Indigenous incarceration rates.

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Mass Incarceration

Large-scale imprisonment, disproportionately affecting certain groups.

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Systemic Racism

Racism embedded within institutions, impacting certain groups.

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Economic Exploitation

Using prisoners for economic gain.

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Historical Parallels (Film)

Comparison of historical practices to modern ones (e.g., slavery vs. incarceration).

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Harm Reduction

Prioritizing strategies that reduce harm associated with problematic behaviors.

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Structural Inequities

Systematic inequalities creating bias and injustice.

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Recidivism

Repeat offending.

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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.

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