Corrections in Canada

History & Models

• U.S. influenced correctional models, such as those in Pennsylvania and Auburn
• Kingston Penitentiary was known for its harsh, silent, and moral architecture
• The Brown Commission opposed corporal punishment and supported rehabilitation

Corrections in Canada

• Federal corrections (CSC) handles sentences of 2+ years, including halfway houses
• Provincial/Territorial corrections manage jails, remand centers, and mental health facilities
• Non-profit organizations involved in corrections include Elizabeth Fry and the John Howard Society

Security Levels

• Minimum security prisons have no fencing and allow free movement
• Medium security prisons are fenced, with restricted movement
• Maximum security prisons have high control and are very restricted

Institutional Challenges

• Legal accountability, fairness, and oversight by multiple offices are key institutional challenges

Inmate Profile

• Typical male inmates are young, single, have low education, and are often Indigenous or Black
• Typical female inmates represent 10% of the prison population, are often Indigenous, have trauma histories, and higher mental health needs

Indigenous Inmates

• Indigenous inmates are highly overrepresented in correctional facilities
• Many Indigenous inmates have backgrounds involving child welfare and residential schools, and substance use issues.

Prison Life

• Overcrowding leads to less programming and more conflict
• Gang and racial tensions are prevalent
• Protective custody is often needed
• Health concerns include disease and safe injection sites

Segregation (Solitary)

• Solitary confinement involves being alone for 23 hours/day

Disciplinary Measures

• Disciplinary segregation is used for rule violations
• Administrative segregation is used for inmates at risk to self or others
• Segregation is used more on Indigenous and Black inmates, but can cause harm and is controversial

Correctional Officers (COs)

• COs have the legal authority to enforce rules and punish inmates
• They also have the moral authority to build relationships with inmates
• Their roles include custodial duties to maintain order and correctional responsibilities to support rehabilitation

CO Issues & Stress

• COs deal with issues such as high discretion, job subculture, abuse of power, violence, threats, racism, PTSD, and Covid-19 exposure

Male Inmates

• Male inmates experience status degradation as a result of loss of freedom and identity
• They undergo prisonization, adapting to prison culture
• Some become institutionalized and struggle to adjust post-release

Female Inmates

• Female inmates are typically housed in minimum/medium security with group housing and responsibilities
• Maximum security settings involve secure units
• Fewer studies exist, but harsher incarceration effects are seen
• They are less likely to assault staff

LGBTQ2A+ & Trans Inmates

• LGBTQ2A+ and Trans inmates face mistreatment
• Gender-based placement, whether self-identified or not, is often controversial

Failing to Cope

• Self-injury is more prevalent, especially among Indigenous/women inmates
• Programs aim to identify at-risk individuals

Effectiveness of Incarceration

• There is no clear proof that incarceration lowers recidivism
• Over-incarceration may worsen crime
• Community supervision may prove more effective

Classifying Offenders

• Classification involves figuring out the offender’s needs and risks
• Static risk factors are those that cannot be changed, like past crimes
• Dynamic risk factors are those that can be changed, such as attitudes or drug use
• Case management involves matching inmates to the right programs
• A correctional plan outlines training, job prospects, and release preparation

Risk-Needs-Responsivity (RNR) Model

• "Risk" involves matching treatment to how risky the person is
• "Need" focuses on what makes them offend, like drugs or violence
• "Responsivity" requires the program to suit the individual's culture or gender
• This model can be biased against Indigenous and women offenders

Programs in Prison

• Common prison programs address anger management, addiction, education, sex offending, and family violence
• Some programs involve the community, like book clubs and writing groups
• Programs should be based on research, focused on dynamic risks, run by trained staff, include support after release, restorative justice, and Indigenous healing

Types of Release

• Conditional release involves being released early but with conditions
• Statutory release is automatic at 2/3 of a sentence, with supervision
• Day parole involves being out during the day but returning at night
• Full parole involves being free under supervision
• Remission is earned time off
• One-chance statutory release means breaking rules results in going back to finish the full sentence

Victims & Release Info

• Victims can know release dates, attend parole hearings, and give impact statements
• The CSC operates the National Victim Services Program

Parole Decisions

• Two board members decide parole
• Inmates can bring a case manager or Elder to parole hearings
• Decisions are based on reports, assessments, and support letters
• Parole is denied if deemed too risky
• Parole is granted with a parole certificate and rules to follow

Parole Issues

• Parole boards lack diversity
• Indigenous, Black, and racialized offenders are less likely to get parole
• There is no feedback or clear criteria for decisions

Reintegration

• Focuses on the successful return of offenders to the community.

Women Offenders

• Risks for women offenders include joblessness, drug use, and not finishing programs
• Challenges include jobs, childcare, housing, and family contact
• Success involves choosing a better path, a support system, and a good parole officer

Indigenous Offenders

• Indigenous offenders serve more time before parole
• They apply for parole less often
• They have limited access to culture-based programs
• The CCRA allows Indigenous communities to help with custody/reintegration

High-Risk/Special Needs

• The CSC works with police for community safety regarding high-risk individuals
• Remote areas have fewer mental health programs
• Sex offenders may have special conditions such as medications, therapy, GPS monitoring, and public notices

Parole Officers (POs)

• POs assess risks and needs
• They help with parole board paperwork
• They enforce conditions and provide counselling
• They must balance support and supervision

Success After Release

• Success after release is aided by a good support network and stable housing
• A job is key
• Treatment participation matters
• Choosing to live crime-free is essential
• Life circumstances such as age and family play a role

If Conditions Are Broken

• Suspension is a short-term stop of parole by a PO or board
• Revocation is the full removal of parole by a board

Critical Thinking

• Critical thinking separates fact from opinion
• It considers multiple views
• It stays open-minded when examining issues

What is a Crime?

• A crime must include Actus reus (the act/failure to act), Mens rea (intent), no legal defense or justification, and violation of criminal law

Types of Law

• Common Law comprises unwritten traditions/customs (court-based, using precedent)
• Statute Law comprises written laws made by legislature (e.g., Criminal Code)
• Case Law comprises court decisions used as precedent

Criminal Law

• Defines harmful acts to society
• Governs prosecution and punishment by the state

Functions of Criminal Law

• To maintain order
• To set behavioral boundaries
• To punish criminal acts
• To deter crime, both generally and specifically
• To prevent revenge
• To protect society

Key Principles of Criminal Law (Latin Phrases)

• Actus non facit reum nisi mens sit rea: There is no guilt without intent
• Nullum crimen sine lege, nulla poena sine lege: There is no crime/punishment without law
• Ignorantia juris non excusat: Ignorance of the law is no excuse
• Nemo tenetur seipsum accusare: No one must self-incriminate
• Nemo debet bis vexari pro eadem causa: There is no double jeopardy

Canadian Charter of Rights and Freedoms

• The highest law in Canada
• It protects freedoms and rights, even for the accused
• It guarantees fair treatment by the justice system
• All parts of the Criminal Justice System (CJS) must respect the Charter

Criminal Code of Canada

• A federal law that defines crimes, punishments, and procedures that creates uniformity across provinces
• It is a living document that is constantly updated

Law vs. Justice

• Law comprises set rules created/enforced by the state
• Justice is fairness, moral rightness, and equality under law

Two Theories of Law

• The Value Consensus Model states that laws reflect shared values of society
• The Conflict Model states that laws reflect power struggles and protect elites

Types of Law in Canada

• Substantive Law defines rights, duties, and crimes
• Procedural Law defines legal processes and rules

Quebec's Legal System

• Uses Civil Law for private matters (French-based)
• Uses Common Law for criminal cases like the rest of Canada

Precedent & Common Law

• Past court decisions are precedent
• Judges must follow previous rulings

Supreme Court of Canada

• The highest court in Canada
• Makes final decisions on major legal issues
• Has the power to interpret the Charter and laws

Rule of Law – Key Principles

• The law applies to everyone equally
• No one is above the law
• Laws must be clear, public, and just
• Legal processes must be fair and follow rules

What is the CJS?

• The CJS includes agencies and people involved in preventing/responding to crime and handling accused and convicted persons
• The purpose is to ensure justice, safety, and rights for victims & offenders

Roles & Responsibilities Within the CJS

• The Federal government defines criminal offenses and controls the Criminal Code
• The Provincial/Territorial governments run the justice system and oversee policing & enforcement

Crime Control vs. Due Process

• Crime Control involves protecting society and catching/punishing offenders
• Due Process involves protecting rights and ensuring a fair legal process

Adversarial System

• Two opposing sides (Crown vs. Defense) participate in the adversarial system
• The Crown must prove guilt beyond a reasonable doubt based on evidence, reason, and common sense
• There is a presumption of innocence until proven guilty

Discretion in the CJS

• Personnel (police, judges, etc.) use judgement
• Discretion means decisions vary by situation/context
• Discretion can lead to inconsistencies (disparity)

Task Environment

• The local environment affects types of crime and CJS decision-making

Ethics in Criminal Justice

• The CJS involves moral and ethical decisions
• It uses judgement, intuition, and experience (not just science)

Ethical Dilemmas

• Ethical dilemmas are complex choices with no easy answer

Accountability

• Everyone in the system must follow the rule of law
• Accountability varies across roles
• Police = internal + external oversight
• Crown counsel = internal review only
• Defense lawyers = professional sanctions
• Judges = varies
• Probation/parole = internal review only

Public Trust & Confidence in the CJS

• Trust is essential for effectiveness
• The public has moderate trust
• Racialized communities often have high distrust
• Perceived fairness increases trust
• Over-reliance on the CJS has negative consequences

Media & Public Attitudes

• Media is the main info source for the public and typically simplifies complex issues, focuses on sensational stories, and influences public opinion unfairly

Politics and the CJS

• Laws & decisions are often influenced by politics
• Politicians' actions may affect public trust in the CJS

Restorative Justice

• Restorative Justice offers an alternative to the traditional system that focuses on problem-solving, healing, and reducing reoffending
• It involves victims, offenders, and the community to address the underlying causes of crime and seek repair over punishment