Equality, Equity, and Hate Crimes

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Questions and Answers

Which of the following best describes the concept of 'equity' in the context of the criminal justice system?

  • Enforcing laws uniformly across all demographics, without considering potential biases.
  • Allocating resources equally among all communities, irrespective of their specific challenges.
  • Providing fair treatment based on individual needs and circumstances. (correct)
  • Treating every individual the same, regardless of their background or circumstances.

According to the information, which group constitutes 4% of Canada's population but 27% of homicide victims?

  • Muslims
  • Black Canadians
  • Indigenous Peoples (correct)
  • LGBTQ2S+ individuals

What is the primary focus of Truth and Reconciliation Commission (TRC) Calls to Action related to the justice system?

  • Promoting assimilation of Indigenous peoples into mainstream Canadian culture.
  • Limiting access to legal aid for Indigenous defendants.
  • Ending the overrepresentation of Indigenous people in the prison system. (correct)
  • Increasing the severity of sentences for Indigenous offenders.

Which of the following reflects a challenge faced by Black Canadians within the justice system, as indicated by the statistics?

<p>Disproportionate representation among those charged with crimes in Ontario. (D)</p> Signup and view all the answers

What is the primary goal of policing, according to Sir Robert Peel's principles?

<p>To stop crime and disorder before it happens. (B)</p> Signup and view all the answers

What does the 'Defund the Police' movement primarily advocate for?

<p>Reallocating police funding to community services like mental health and housing. (B)</p> Signup and view all the answers

Which of the following is the correct order of police ranks from lowest to highest?

<p>Constable, Detective, Sergeant, Inspector (B)</p> Signup and view all the answers

What is a core responsibility of municipal police forces in Canada?

<p>Focusing on community safety and quality of life. (C)</p> Signup and view all the answers

Which of the following statements is most accurate regarding police discretion?

<p>Police discretion is essential because laws cannot cover every situation. (A)</p> Signup and view all the answers

Which principle is NOT part of the procedural justice principles that aim to build public trust?

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

What distinguishes bias-free policing from racial profiling?

<p>Bias-free policing relies on facts and reasonable suspicion, while racial profiling is based on stereotypes. (B)</p> Signup and view all the answers

According to the Force Options Framework, what is the LEAST intrusive level of force a police officer can use?

<p>Officer Presence (A)</p> Signup and view all the answers

According to the provided information, what is a common complaint against police?

<p>Discreditable conduct. (D)</p> Signup and view all the answers

What is a 'clearance rate' as it pertains to measuring police performance?

<p>The percentage of reported crimes that are solved or closed. (A)</p> Signup and view all the answers

Which of the following is NOT a 'R' associated with the Professional Model of Policing?

<p>Restorative Justice (C)</p> Signup and view all the answers

Which model of policing emphasizes collaboration with community members to resolve the underlying issues of crime?

<p>Community Policing Model (D)</p> Signup and view all the answers

What is the main goal of 'primary' crime prevention strategies?

<p>To prevent crime before it happens. (A)</p> Signup and view all the answers

What is the focus of crime attack strategies?

<p>Actively targeting crime and high-risk individuals. (C)</p> Signup and view all the answers

Which of the following factors can contribute to bias in investigations?

<p>Indigenous, racialized, and vulnerable individuals (C)</p> Signup and view all the answers

In Canada, what is the role of the Supreme Court of Canada (SCC)?

<p>To hear appeals from lower courts and make final legal decisions. (D)</p> Signup and view all the answers

Which of the following courts typically handles the MOST criminal cases at the entry level?

<p>Provincial/Territorial Courts (A)</p> Signup and view all the answers

In the context of Indigenous Courts, what is a key characteristic?

<p>Use culturally appropriate sentencing. (D)</p> Signup and view all the answers

Who is responsible for prosecuting cases for the government in court?

<p>The Crown Counsel (D)</p> Signup and view all the answers

What is the role of the Canadian Judicial Council (CJC)?

<p>To oversee the ethical conduct of judges and investigate complaints. (B)</p> Signup and view all the answers

What is the significance of 'judicial independence'?

<p>Judges are free from outside influence or pressure when making decisions. (B)</p> Signup and view all the answers

Which type of criminal offence is generally considered less serious and tried in a provincial court by a judge or magistrate?

<p>Summary Conviction Offence (D)</p> Signup and view all the answers

What is the purpose of a preliminary hearing?

<p>To determine if enough evidence exists to proceed with a trial. (D)</p> Signup and view all the answers

What must the Crown prove at a 'show cause hearing'?

<p>Detaining the accused is necessary. (B)</p> Signup and view all the answers

What is 'pre-trial remand'?

<p>Holding the accused in custody before their trial or sentencing. (C)</p> Signup and view all the answers

What is a 'Plea Bargain'?

<p>An agreement between the Crown and Defence where the accused may plead guilty for a lesser charge or sentence. (B)</p> Signup and view all the answers

Which of the following accurately describes the role of the jury in a criminal trial?

<p>The jury determines the facts and decides the verdict. (D)</p> Signup and view all the answers

What is 'restitution' in the context of the criminal justice system?

<p>A payment of money for losses suffered by the victim. (C)</p> Signup and view all the answers

According to the provided information, why are wrongful convictions most common among marginalized, low-income, and Indigenous persons?

<p>They often lack access to adequate legal representation and are subject to biases in the system. (C)</p> Signup and view all the answers

What is the MAIN goal of sentencing in the Canadian criminal justice system?

<p>To protect society and maintain a safe, just, and lawful society. (D)</p> Signup and view all the answers

What does the term 'retributive' refer to regarding sentencing goals?

<p>Punishment fits the crime. (B)</p> Signup and view all the answers

What is a 'Gladue report'?

<p>A pre-sentence report that outlines the systemic factors affecting Indigenous offenders. (C)</p> Signup and view all the answers

Which term describes when a judge orders that a portion of a sentence must be served before parole can be considered?

<p>Judicial Determination (A)</p> Signup and view all the answers

Which of the following factors is considered an aggravating factor in judicial sentencing decisions?

<p>Prior criminal record (D)</p> Signup and view all the answers

What is the primary focus of restorative justice approaches to sentencing?

<p>Focus on healing and responsibility. (A)</p> Signup and view all the answers

What is the main purpose of diversion programs in the criminal justice system?

<p>To keep offenders from being processed further into the criminal justice system. (D)</p> Signup and view all the answers

What is 'net widening' in the context of diversion programs?

<p>Pulling individuals into the system who would have been released. (C)</p> Signup and view all the answers

What is the difference between probation and conditional sentences?

<p>Probation is a supervised community sentence, while conditional sentences allow offenders to serve custody in the community (A)</p> Signup and view all the answers

What does the acronym 'RNR' stand for in the context of community supervision and corrections?

<p>Risk, Need, and Responsivity (A)</p> Signup and view all the answers

What is the purpose of Intensive Supervision Probation (ISP)?

<p>To provide a highly structured and closely monitored form of community supervision. (B)</p> Signup and view all the answers

What is the Kingston Penitentiary known for in the history of corrections?

<p>Its harsh, silent, and moral architecture. (B)</p> Signup and view all the answers

What is the primary difference between 'minimum', 'medium', and 'maximum' security levels in correctional institutions?

<p>The level of restriction on inmate movement and control. (D)</p> Signup and view all the answers

Which of the following statements is TRUE regarding women in correctional facilities?

<p>They have unique needs related to high rates of trauma, mental health issues and substance use. (D)</p> Signup and view all the answers

What is a common issue of concern with respect to segregation (solitary confinement) in prisons?

<p>23 hours per day are spent alone, with little to no human contact. (B)</p> Signup and view all the answers

What is the role of Correctional Officers (COs)?

<p>Enforce rules, build relationships, maintain order, and support rehabilitation. (D)</p> Signup and view all the answers

Flashcards

Purpose of Criminal Courts?

Determine guilt, impose sentences, protect rights, balance public safety and individual freedoms.

4 Levels of Criminal Courts?

Entry-level, Superior, Appellate, Supreme Court of Canada.

Supreme Court of Canada (SCC)?

Highest authority for legal decisions in Canada.

Provincial/Territorial Courts?

Entry-level, no juries, handles most criminal cases.

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Superior Courts?

Handle serious criminal cases, often include jury trials.

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Appellate Courts?

Review lower court decisions; usually 3 judges hear the case.

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Indigenous Courts?

Deals with culturally appropriate sentencing for Indigenous peoples.

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Role of Judge?

Oversees trials and ensures fairness.

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Justice of the Peace?

Handles bail and search warrants.

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Crown Counsel role?

Prosecutes for the government.

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Defense lawyer?

Presents the case as the accused

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Purpose of Criminal Courts?

Determine guilt, impose sentences, protect rights.

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Hallmarks of Judical Ethics?

Integrity, impartiality, objectivity, following the law

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Summary Conviction?

Minor offence tried by judge or magistrate.

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Indictable Offence?

More serious offence, tried by judge or jury.

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Hybrid (Elective) Offence?

Crown decides if summary or indictable.

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Preliminary Hearing?

Determine if enough evidence exists for a trial.

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Laying a charge means...?

Crown approves the charge before official.

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Appearance Notice/Summons?

Directs accused to appear in court for less serious crimes

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Judicial Interim Release (Bail)?

Accused appears before JP or judge within 24 hours.

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Pre-Trial Remand?

Holding accused in custody before trial or sentencing.

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Plea Bargain?

Pleading guilty to lesser charges or sentence.

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Beyond Reasonable Doubt?

The standard used in criminal court.

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Judge vs. Jury?

Judge: Alone applies law and Jury: decides verdict.

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Mental State defense

Mental disorder, intoxication, or automatism.

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Justification defense

Provocation, self-defense, or consent.

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Gladue Decision

Systemic harm in Indigenous sentencing.

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Sentencing Goals?

Utilitarian, Retributive, Restorative.

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Utilitarian sentencing goal?

Focus on future crime prevention (deterrence, rehab).

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Retributive sentencing goal?

Punishment fitting the crime (deserved penalty).

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Restorative sentencing?

Repairing harm, community, and victim focus.

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Concurrent Sentence?

Multiple sentences served at the same time.

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Consecutive Sentence?

Multiple sentences served one after another.

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Judicial Restraint Order?

Conditions placed due to specific risk of fear.

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Aggravating Factors?

Prior record, severity, hate motivation.

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Mitigating Factors?

First offence, remorse, cooperation.

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Restorative Justice?

Focus on healing, responsibility, and reconciliation.

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Non-Carceral Corrections?

Non-custodial sentences completed in the community.

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Goals of Diversion Programs?

Lower costs, reduces stigma, and offers better support.

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Study Notes

Equality vs. Equity

  • Equality is the concept where everyone is treated the same with equal support, opportunities, and resources.
  • Equity means fair treatment based on individual needs, potentially requiring extra support based on personal circumstances.

Hate Crimes in the Criminal Code (Section 319)

  • Hate crimes include advocating genocide, public incitement of hatred, and willful promotion of hatred.
  • There was a 27% increase in hate crimes from 2020 to 2021.

Key Terms

  • Racialized persons refer to people who are not white and not Indigenous.
  • Racialization refers to the social process that defines racial differences and treats groups as unequal.
  • Racial profiling is defined as unfairly judging or treating someone based on race, ethnicity, or background.

Women’s Experiences in the Justice System

  • 40% of women have experienced intimate partner violence.
  • 77% of male-perpetrated homicides are gender-related.
  • 21% of gender-related homicides involve Indigenous women.

Indigenous Peoples in the Criminal Justice System

  • Indigenous people make up 4% of Canada’s population.
  • However, they account for 27% of homicide victims.
  • Indigenous people are overrepresented as victims, offenders, and prison inmates.
  • Call to Action 30 seeks to end the overrepresentation of Indigenous people in prison.
  • Call to Action 31 aims to fund community-based alternatives to jail.
  • Call to Action 32 suggests letting judges avoid mandatory minimums in some cases.
  • Call to Action 35 seeks to make healing lodges more accessible.
  • Call to Action 38 seeks to reduce the overrepresentation of Indigenous youth in custody.

LGBTQ2S+ Experiences

  • LGBTQ2S+ individuals often face prejudice, discrimination, and victimization.
  • The police response can be slow or selective in these cases.
  • They are less likely to report crimes.
  • LGBTQ2S+ youth show higher rates of substance use than others.

Islamophobia & Discrimination Against Muslims

  • One in three Muslims report discrimination due to religion, ethnicity, or culture.
  • Islamophobia is increasing, especially in Quebec.
  • Bill C-62 requires women to uncover their faces when receiving of providing government services.

Black Canadians and the Justice System

  • Black Canadians face ongoing racism, prejudice, and discrimination.
  • 48% have experienced discrimination in public.
  • 40% have negative encounters with police.
  • Black individuals are overrepresented as victims, the accused, and convicted persons.
  • In Ontario, the Black population is 8%, but they make up 32% of those charged with crimes.

What Is Policing?

  • Policing consists of legal actions by public or private forces to maintain order and safety.
  • Policing can be public (government-run) or private (security companies).

Sir Robert Peel’s 9 Principles of Policing

  • The main goal is to stop crime and disorder before it occurs.
  • Public approval is necessary for the police to do their job.
  • Public cooperation is essential for enforcing laws.
  • The use of more force results in less public support.
  • Police should serve the law fairly, not public opinion.
  • Use force only when absolutely necessary.
  • Police are part of the public, not a separate entity.
  • Police should enforce laws and not act as judges.
  • Success is measured by less crime, not more arrests.

History and Perspectives on Policing

  • Prior to the 1600s, law was enforced informally through community-based mechanisms.
  • The social contract perspective sees police as protecting public safety, with the public voluntarily giving them power.
  • The radical view sees police as protecting the powerful and suppressing protest, which can lead to a "police state".

The "Defund the Police" Movement

  • Advocates for moving some police funding to community services like mental health and housing.
  • The goal is to create safer communities through support, not force.

Police Structure and Ranks

  • The ranking structure from low to high is: Constable, Detective, Sergeant, Staff Sergeant, Inspector, Superintendent, Deputy Inspector, and Chief Officer/Chief Constable.

Police Units

  • Common units include: Patrol, Investigations, K9 Unit, Media, Traffic, Mental Health Teams, Admin, HR, Research & Planning.

Types of Public Policing in Canada

  • Federal policing occurs through the RCMP, the federal law enforcement agency.
  • Provincial policing exists in Ontario, Quebec, and Newfoundland.
  • Municipal policing consists of local police forces for cities, enforcing bylaws, provincial laws, and federal laws.
  • Indigenous policing exists for and by Indigenous communities.

Police Responsibilities

  • Mandated responsibilities include enforcing laws, protecting people, and investigating crimes, which are defined by laws and police regulations.
  • Assumed responsibilities include social work, mental health responses, and community outreach, which are not officially required but often done.
  • Core policing focuses on community safety and quality of life.

Police Training

  • Municipal Police may train in their own academy or receive a mix of academy and field training.
  • RCMP Cadets train at Depot Division in Regina, then are dispatched for field training.

Challenges in Police Work

  • Shift work and fatigue can lead to work-life balance issues.
  • Police officers face discrimination accusations related to racism and sexism.
  • Mental health impacts can include PTSD and other stress-related injuries.
  • There can be toxic workplaces.
  • Women, Indigenous people, racial minorities, and LGBTQ2S+ officers face extra challenges.

Key Points

  • Peel's Principles are focused on public cooperation, minimal force, and preventing crime.
  • The views on policing consist of social contract versus a radical/political view.
  • "Defund the police" is concerned with reallocating funding to community resources.
  • The police ranks go from constable to chief constable.
  • The types of policing are Federal (RCMP), Provincial, Municipal, and Indigenous.
  • Police training is municipal with local academy or RCMP with Depot.
  • Challenges include stress, discrimination, and poor work-life balance.

Police Authority & Responsibilities

  • Police have the authority to use force and restrain individuals, balancing legal authority with moral authority (ethics).
  • Police actions are shaped by both law and personal judgment.

Charter of Rights and Freedoms & Police Powers

  • Section 7 guarantees the right to life, liberty, and security.
  • Section 8 guarantees freedom from unreasonable search/seizure.
  • Section 9 guarantees the right not to be arbitrarily detained.
  • Section 10 outlines rights when arrested or detained (e.g., access to a lawyer).
  • These sections limit how and when police can act.

Police Discretion

  • Laws do not cover every situation, so the police use discretion, which involves judgment calls.
  • Decisions are influenced by personal experience, training, and context.

Procedural Justice Principles (How to Build Public Trust)

  • Respect: Treat people with dignity.
  • Participation: Allow people to share their side of the story.
  • Neutrality: Be fair and unbiased.
  • Trust: Build confidence through consistent and honest actions.

Bias-Free vs. Racial Profiling

  • Bias-free policing is based on facts, such as reasonable suspicion/probable grounds.
  • Racial profiling is based on stereotypes related to race, ethnicity, religion, etc.
  • Racial profiling is illegal and harms community trust.

Use of Force

  • Use of force must involve performing a legal duty based on reasonable grounds.
  • The force should only use as much force as necessary.
  • Excessive force can lead to criminal or civil charges.

Force Options Framework (Levels of Force)

  • The levels of force increase as follows: Officer Presence, Dialogue, Empty Hands, Compliance Tools, Lethal Force.
  • Officer Presence can prevent escalation; dialogue involves verbal communication to resolve conflict; empty hands involve physical control techniques; compliance tools are weapons like batons, tasers, or pepper spray; and lethal force is the last resort to stop a deadly threat.

Mental Illness & Policing

  • Police are often first responders to people with mental illness (PWMI).
  • Dealing with PWMI adds complexity and risk to an officer's role.

Police Powers During Investigations

  • Search & Seizure often requires a warrant.
  • Detain & Arrest must be based on reasonable grounds.

Police Misconduct

  • Police misconduct is overseen by external boards and commissions.
  • Misconduct can include unprofessional conduct, excessive force, corruption, and even murder.

Misconduct Theories

  • The rotten apple theory suggests the problem lies with one bad officer.
  • The rotten barrel theory suggests there is a problem within a unit.
  • The rotten orchard theory points to widespread systemic issues.
  • Most cases of misconduct involve patrol officers who have the most interaction with the public.

Complaints About Police

  • Most complaints are for "discreditable conduct," defined as acting in a disorderly or disrespectful way.
  • Many complaints are found to be unfounded or unsubstantiated.

Key Points

  • Charter Rights are designed to protect individuals from the misuse of police power.
  • Police Discretion involves officers relaying on personal judgment in situations where the law is unclear.
  • Procedural Justice builds public trust through respect, fairness, and neutrality.
  • The Use of Force must be legal, reasonable, and necessary.
  • Misconduct can range from unprofessionalism to criminal acts.
  • Most Complaints are for inappropriate behavior, and are often not upheld.

Measuring Police Performance

  • Two traditional methods used are Crime Rates (number of crimes reported) and Clearance Rates (number of crimes solved or closed).

Models of Policing

  • The Professional Model of Policing has the 3 R’s: Random Patrol, Rapid Response, and Reactive Investigations.
  • Community Policing Model has the 3 P’s: Prevention, Problem-Solving, and Partnerships.

Community-Based Strategic Policing

  • Combines community policing principles with crime prevention, crime response, and crime attack strategies.
  • Involves actively engaging with the community and using resources strategically.

Police & Community Relations

  • Rebuilding trust is critical, especially with historically marginalized groups.
  • Community-based methods involve volunteer involvement, foot patrols, and team/zone policing.
  • Police legitimacy is boosted through visibility, effectiveness, and responsiveness to community concerns.

Challenges in Community Partnerships

  • Indigenous communities often have a long-standing distrust of the police.
  • Limited resources and training for handling mental illness are other challenges.

Crime Prevention Strategies

  • Primary prevention aims to prevent crime before it happens using measures like CPTED (Crime Prevention Through Environmental Design), CCTV, neighborhood watch, and social media programs.
  • Secondary prevention focuses on at-risk individuals through drug resistance education (DARE), school resource officers, and youth programs.
  • Tertiary prevention aims to prevent repeat offenses through programs involving social services, offender rehab, and re-entry support.

Crime Response Strategies

  • Focuses on responding to existing problems in communities.
  • Broken Windows strategy involves fixing minor issues to prevent bigger crimes.
  • Zero-Tolerance strategies enforce strict punishment for all offenses.
  • Quality-of-Life Policing focuses on issues like noise, loitering, and disorder.
  • Problem-Oriented Policing (POP) aims to solve underlying issues causing crime.

Crime Attack Strategies

  • Focuses on actively targeting crime and high-risk individuals.
  • Tactical-directed patrol means officers are sent to areas based on data.
  • Hot spots policing focuses on areas with high crime rates.
  • Foot patrols boost community presence.
  • Targeted initiatives focus on repeat or high-risk offenders.

Discrimination in Investigations

  • Investigations can be biased, especially when dealing with Indigenous, racialized, and vulnerable individuals.
  • This is demonstrated by problematic investigations like those involving Missing & Murdered Indigenous Women (MMIW), Thunder Bay police mishandling of Indigenous cases, and the Bruce McArthur case (Toronto), as well as failures to protect LGBTQ+ victims.

Topic Key Points

  • Police Models: There are professional (reactive), community (proactive) approaches.
  • Strategic Policing: Involves a mix of data, prevention, and partnerships.
  • Crime Analysis: Involves data, crime maps, and intelligence.
  • Prevention Tiers: Target primary (everyone), secondary (at-risk), and tertiary (repeat offenders) groups.
  • Response Strategies: Deals with crime and disorder that is already present.
  • Attack Strategies: Involves proactively targeting high-crime areas and repeat offenders.
  • Discrimination: Remains a problem in some investigations, especially for Indigenous and marginalized communities.

Purpose of Criminal Courts

  • Criminal courts determine guilt or innocence, impose sentences, and protect the rights of the accused.
  • They balance public safety and individual freedoms.
  • Judicial independence is essential to maintain public trust.

Levels of Criminal Courts in Canada

  • Provincial/Territorial Courts are the entry-level courts where most cases begin and end.
  • Provincial/Territorial Superior Courts handle serious cases, trials, and appeals.
  • Provincial Appellate Courts hear appeals from lower courts.
  • The Supreme Court of Canada (SCC) is the final legal authority.
  • Nunavut has a unified court that handles all matters

Ontario Court System

  • The Ontario Court of Justice handles criminal, family, youth, mental health, drug, Gladue, and bail courts, with judges that are provincially appointed.
  • The Superior Court of Justice handles criminal, family, civil, and appeal courts, with judges that are federally appointed.
  • The Court of Appeal for Ontario reviews cases from lower courts.

Provincial Court System Overview

  • Provincial/Territorial Courts are the lowest level and handle most criminal cases without juries.
  • Superior Courts handle serious criminal cases, often with jury trials, and have trial and appeal divisions.
  • Appellate Courts review lower court decisions, with usually 3 judges hearing the case.

Supreme Court of Canada

  • Consists of the final appeal court that hears major legal or Charter issues.
  • It has 9 judges that serve on it.

Specialized Courts

  • Problem-Solving Courts focus on treatment and rehabilitation over punishment.
  • Aim to divert people from the criminal justice system and use ideas from restorative and therapeutic justice.

Indigenous Courts

  • Intend on the use of culturally appropriate sentencing.
  • Focus on restorative justice and alternatives to jail, such as Gladue Courts (Ontario), Tsuu T'ina Peacemaking Court (Alberta), and Indigenous Peoples’ Court (Thunder Bay, ON).

Circuit Courts

  • Operate in remote or northern areas.
  • Include a judge, lawyer, and translator.
  • These courts are often backlogged due to limited time and resources.

The Supreme Court of Canada (SCC)

  • The SCC is the highest and final court in Canada.
  • It is made up of 9 federally appointed judges.
  • Decisions made are final and not appealable.
  • SCC handles complex and high-profile cases.
  • Can overturn lower court rulings, interpret the Charter of Rights.

Courtroom Roles

  • Judge: Oversees the trial and maintains fairness.
  • Justice of the Peace: Handles bail and search warrants.
  • Crown Counsel: Prosecutes cases on behalf of the government.
  • Defence Lawyer: Represents the accused.
  • Duty Counsel: Serves as the first point of contact for legal aid.
  • Clerks/Registrars: Manages the courtroom.
  • Sheriffs: In charge of providing security and escorting the accused.

Supreme Court Judge Appointments

  • Judges are appointed for life by the Governor General.
  • The Prime Minister and Cabinet choose judges.
  • It is often criticized for a lack of diversity.

Judicial Ethics & Accountability

  • Judicial Ethics: Consists of integrity, impartiality, objectivity, and following the law.
  • Judicial Independence: Means freedom from outside influence or pressure.
  • Judicial Accountability: Overseen by the Canadian Judicial Council (CJC) and investigates complaints about judges.

Challenges of Court Delays in Canada

  • Include widespread case backlogs that undermine justice.
  • There are delays, which affect victims, the accused, and public trust.
  • There is a shortage of judges & staff combined with case complexity, poor case flow management, and inefficient resource use all contribute.

Key Points

  • The Court Structure exists on 4 levels: provincial, superior, appellate, and SCC.
  • The Ontario Court System is split into Ontario Court of Justice & Superior Court.
  • The Specialized Courts are Problem-solving, Indigenous, and circuit courts.
  • The final power comes from the Supreme Court of Canada (SCC) with 9 judges and deals with big legal issues.
  • The Roles in Courtroom are, Judge, Crown, Defense, Clerks, Sheriffs, and Duty Counsel.
  • The Issues are Court delays, lack of diversity, and backlog in remote areas.
  • Ethics & Accountability: The CJC oversees conduct and independence is key.

Types of Criminal Offences

  • Summary Conviction: Less serious, tried in provincial court by judge or magistrate.
  • Indictable: More serious, tried by judge or judge and jury.
  • Hybrid (Elective): Can proceed as either summary or indictable; the Crown decides.

Trial Options for Electable Offences

  1. Provincial Court Judge (no preliminary hearing).
  2. Superior Court Judge Alone (may include a preliminary hearing).
  3. Superior Court Judge & Jury (may include a preliminary hearing).

Key Pre-Trial Terms

  • Preliminary Hearing: Determines if enough evidence exists for a trial.
  • Laying of Information: Police describe the alleged crime that can lead to an arrest warrant or summons.
  • Laying of Charge: Crown must approve the charge before it's officially laid.
  • Appearance Notice / Summons: Directs the accused to appear in court and is used for less serious crimes.
  • Arrest: Can be made without a warrant under certain conditions.

Release Options After Arrest

  • Summary/Hybrid offences utilize an appearance notice or summons.
  • Indictable offences may issue a promise to appear, undertaking, or recognizance.

Judicial Interim Release (Bail)

  • The accused must appear before a JP or judge within 24 hours.
  • Show Cause Hearing: The Crown must prove the detention is necessary.
  • Statutory Conditions may include reporting to a supervisor, staying within a specific area, and having no contact with specific people.
  • Additional Conditions: May include no alcohol or drugs, house arrest, living with a responsible adult, and electronic monitoring.

Pre-Trial Remand

  • Involves holding the accused in custody before the trial or sentencing.
  • Ordered by a judge or JP.
  • More people are in remand than serving sentences (especially in Ontario, ~40%).
  • It contributes to overcrowding, delays, and high costs.
  • The accused may never be found guilty, but still spend time in custody.

Security Certificates (For Non-Citizens)

  • Used for individuals deemed a security threat.
  • They can be held indefinitely without charge, usually done in secret.
  • The individual may be deported.
  • Government must provide a summary of the case.
  • A right to counsel must be given at the time of arrest or detention.
  • Legal aid is available for those who qualify.
  • Those accused must be fit to stand trial.

Arraignment & Plea

  • Arraignment: Charges are read in open court, and the accused enters a plea.
  • Possible Pleas: Guilty (move to sentencing) or Not Guilty (go to trial).

Plea Bargain

  • Deal between the Crown and Defence where the Accused may plead guilty for a lesser charge or sentence.
  • Saves time and money and avoids trial.

Trial Process

  • Crown presents evidence and calls witnesses.
  • The burden of proof rests with Crown, who must prove guilt beyond a reasonable doubt.
  • Defence may challenge evidence or procedure, cross-examine Crown witnesses, and file a motion to dismiss.

Judge vs. Jury

  • Judge: Determines facts and applies law (in judge-alone trials) and explains the law to the jury.
  • Jury: Determines facts and decides verdict (in jury trials) and the verdict must be unanimous.
  • Identity: Claiming “You’ve got the wrong person.”
  • Mental State: Includes mental disorder, intoxication, and automatism.
  • Justifications: Include provocation, self-defence, and consent.
  • Procedural Defences: Charter violations, invalid law, and improper prosecution.

Victims in the Criminal Justice System

  • Often overlooked in the trial process.
  • Police ensure victims appear in court.
  • May be called to testify, which can lead to re-victimization.
  • Can apply for restitution (money for losses) or criminal injury compensation.

Wrongful Convictions

  • They are more common among marginalized, low-income, and Indigenous persons.
  • The causes include officers developing tunnel vision, False confessions or witness errors, unethical Crown practices, and the use of unreliable expert witnesses.

Offence Types

  • Summary offences, Indictable offences, and hybrid offences.

Pre trial

  • Involves Charges, bail, remand, and security certificates.
  • Include right to counsel, legal aid, and fitness for trial.

Trial Process

  • Involves Arraignment, plea, judge/jury roles, and defense strategies.

Victims

  • Victims are often neglected.
  • They may testify, risking re-victimization.

Wrongful Convictions

  • Wrongly convicted individuals are caused by bias, mistakes, and injustice.

Purpose & Principles of Sentencing

  • The Main Goal of sentencing is to protect society and maintain a safe, just, and lawful society.
  • Sentences must be proportionate to the offense and offender and be just and appropriate.

Sentencing Goals

  • Utilitarian: Focus on future crime prevention (e.g., deterrence, rehab).
  • Retributive: Punishment fits the crime, or deserved penalty.
  • Restorative: Focuses on repairing harm done to the community, and victim.

Sentencing Options (From Least to Most Severe)

  • Absolute Discharge: Found guilty but no conviction or conditions.
  • Conditional Discharge: No conviction, but with conditions (e.g., probation).
  • Suspended Sentence: Conviction entered, but no jail; placed on probation.
  • Fine: Pay money as punishment.
  • Intermittent Sentence: Jail served on weekends and evenings (for sentences under 90 days).
  • Probation: Supervised in the community and offenders must follow rules.
  • Conditional Sentence: Served in the community (house arrest-style).
  • Imprisonment: Time served in jail or prison.

Special Sentencing Terms

  • Concurrent Sentence: Serving multiple sentences at the same time.
  • Consecutive Sentence: Serving multiple sentences one after another.
  • Judicial Determination: Judges determine if offenders over ½ of the sentence be served before parole (vs. 1/3).
  • Judicial Restraint Order: Conditions placed by a judge due to specific risk of fear.

Factors in Judicial Sentencing Decisions

  • Aggravating Factors: Prior record, severity of the crime, and hate motivation. Mitigating Factors: First offense, remorseful attitude, and cooperation with law enforcement.
  • The report consists of the pre-sentence report, psychological assessment, and Gladue report.
  • Other Influences: Victim impact statements, case law, precedent, and background of the offender.
  • Demographics: Race, Indigenous background, gender, or socio-economic status.

Sentencing in a Diverse Society

  • The system may discriminate against Indigenous peoples, racialized groups, and marginalized/vulnerable individuals.
  • Gender and community factors also matter.
  • Furthermore, creates the risk of sentencing disparity, with the potential for different sentences for similar offenses.

The Gladue Decision & Report

  • The Glaude Decision states that judges must consider systemic factors in Indigenous sentencing.
  • The Glaude Report outlines personal and historical context (e.g., intergenerational trauma, colonialism) before sentencing an Indigenous person.

Dangerous and Long-Term Offenders

  • Dangerous Offender: Serious violent crime and a high risk of reoffending, which leads to an indeterminate sentence (no set end date).
  • Long-Term Offender: A serious offense, but not at the level of Dangerous Offender. Requires they serve ten years under supervision after their sentence.

Judicial Discretion & Challenges

  • Judicial discretion: Judges have a wide latitude in deciding sentences.
  • Sentencing Disparity: Unequal sentences for similar cases.
  • Collateral Consequences: Impact on family, employment, and rights (e.g., travel, voting).
  • Mandatory Minimums: Limit discretion; some struck down by the Supreme Court.
  • Sentencing is one of the toughest, most debated responsibilities of judges.

Crime Victims & Sentencing

  • Victims are often dissatisfied with outcomes.
  • Victims may submit a Victim Impact Statement or a Community Impact Statement, for special attention to youth, women, and Indigenous victims.

Restorative Approaches to Sentencing

  • Restorative Justice focuses on healing and responsibility.
  • Circle Sentencing involves community members, the victim, the offender, and justice officials.

Benefits

  • Can encourage accountability, promotes reparation of harm, and offers more support from victims.

Sentencing

  • Sentencing Goals are mainly Utilitarian, Retributive, and focused on Restorative Justice.
  • The options are from a discharge to imprisonment.

Influences

  • Influenced by a pre sentencing report, victim statements, demographics, Disparity, discrimination, and mandatory minimums.

Unique Indigenous

  • A unique Indigenous context must be considered in law.
  • Restorative Justice can serve as a Healing collaborative.

General Overview of Corrections

-Most convicted offenders receive non-custodial sentences to be completed in the community, rather than in incarceration.

  • The move towards alternatives is driven by high costs of incarceration and The Truth and Reconciliation Commission of Canada’s final report. Surveillance technology use has increased, accompanying community-based options.

Types of Corrections

  • Non carceral Corrections are community-based, with alternatives to confinement (e.g., diversion programs, probation), as well as programs for offenders that have been released from institutions (e.g., parole).
  • Carceral Corrections include jails, correctional institutions, and are operated by provincial, territorial, or federal governments.

Diversion Programs

  • Diversion programs aim to keep offenders from being processed further into the criminal justice system (often for the goals of lower costs, stigma reduction, and offer better support, especially for individuals with mental illness).
  • Diversion is often built around restorative justice principles.
  • Strong public support for diversion is generally shown.
  • Diversion programs carry with them a risk of net widening.

Conditional Sentences

  • Conditional Sentences entail that the offender serve the sentence in the community, instead of in prison.
  • The offender must have been assessed as manageable in the community and that they ould otherwise be incarcerated for less than two years. The offender must follow mandatory and optional conditions set by the judge, adhering to governed legislation regarding their use.

Probation

  • Is a supervised community sentence, completed and governed by a probation officer, although there is the usage of either a -Conditional discharge -Suspended sentence or -Intermittent sentence.

What Do Probation Officers Do

A. They have to Assess needs and risk of the clients B. Provide case management while supervising the offenders May supervise individuals regarding: -probation -Bail - Programs for division C. Take on tole role -Supporting the offender at times - while also Enforcing rules of probation can become difficult given the case D. They have to be aware of Risks, Needs, and Responsivity

ISP

  • Intense supervision probation is a sanction that is regular between probation and Incarceration

Includes

  • Surveillance
  • Intervention of treatments
  • Monitoring

The main usage is

  • The youth
  • Targets offenders with a high re-offending risk
  • Reduce prison admissions and costs that maintain public safety

How do Probation officers face challenges?

  • Work stress
  • The need for admin duties
  • Increase high risk caseload
  • Large workloads and caseloads
  • Decrease of communication with offenders
  • Barriers in Rural or remote locations

Intermediate Sancations

  • These are alternatively defined as the community
  • Located between tradition probation and Incarcaration
  • Examples include - Fines - Community centers - daycare

Alternatives towards restoring justice

  • Decrease the risk of CJS

Victim offender relationships includes what is going with the victim or the neutral mediator

Also know programs such Victim to reconciliation

History & Models of the Correction System

  • The US Pennsylvania and auburn models

Kingston Penitentiary has harsh conditions

  • Is the silence moral

brown commission supports those that support people

Corrections in Cand are Federal. CSC sentences 2+ include half way houses There is jail.Remade and mental centers

Non profits for example Elizabeth Fry, John Howard society

  • Minimum security the fencing is not fenced to allow movement
  • Medium with fencing to restrict movement
  • Max is high fence that is restricted

Institutional Challenges

  • The fairness of an account can oversee it by managing offices.

Profile

  • Typical male that do not finish high school
  • Indigenous Black are over representative That show ten percent is domestic violence trauma and high mental health

Indigenous Inmates

  • Can be high and overpopulation
  • High risk in their backround
  • Substance abuse,child welfare

Prison Life

  • Over population with lack of programming
  • The Gang will cause racial tension
  • For those on protective they need custody
  • Health concerns regarding safe injection disease

Segregation

Is being along 23 hours aday

Corrections and Authority

  • Is the violence discipline
  • Administration because they might harm self
  • May occur from indigenous inmates but causes lots of harm

In 27 years

  • Has authority to enforce rules
  • The moral builds connections
  • Maintain order
  • Roles support it

###Issues

  • Increase and power subculture
  • Stress threat exposure to racial violence
  • PTSD and covid

Inmates

  • Status reduction lack of freedom
  • Adopting culture
  • Cant adjust to release
  • Security and group
  • Max security secure units
  • Limited test

LBTQ

  • Tran will mistreat face group
  • Placements of security
  • Controversial test

To cope

  • Self-injury
  • Is to aim to identiyfy at risk when
  • Self-injury is most prevalent

Effectiveness

  • Has no clear cut proof

Overcarciation

  • Will lower crime better will

Community supervision

  • Is effective

Classifying Offenders

  • classification = figuring out the offender’s needs and risk

Static

  • Things can not be changed

Dynamic

  • Things can change

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