Equality, Equity & Canadian Justice System

Equality vs. Equity

• Equality means treating everyone the same
• Equity means fair treatment based on individual needs, with extra support if needed

Hate Crimes in the Criminal Code (Section 319)

• Hate crimes listed include advocating genocide, public incitement of hatred, and willful promotion of hatred
• From 2020 to 2021, hate crimes rose by 27%

Key Terms

• Racialized persons are those who are not white and not Indigenous
• Racialization is the social process that defines racial differences and treats groups as unequal
• Racial profiling involves 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 these involve Indigenous women

Indigenous Peoples in the Criminal Justice System

• Indigenous people make up 4% of Canada's population
• Indigenous people account for 27% of homicide victims
• Indigenous people are overrepresented as victims, offenders, and prison inmates

Truth and Reconciliation Commission (TRC) – Calls to Action (Justice-Related)

• Call to action 30 aims to end overrepresentation of Indigenous people in prison
• Call to action 31 aims to fund community-based alternatives to jail
• Call to action 32 seeks to allow judges to avoid mandatory minimum sentences in some cases
• Call to action 35 aims to make healing lodges more accessible
• Call to action 38 aims to reduce overrepresentation of Indigenous youth in custody

LGBTQ2S+ Experiences

• LGBTQ2S+ persons often face prejudice, discrimination, and victimization
• Police response is sometimes slow or selective for LGBTQ2S+ persons
• LGBTQ2S+ persons are less likely to report crimes
• LGBTQ2S+ youth have higher rates of substance use than others

Islamophobia & Discrimination Against Muslims

• 1 in 3 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/providing government services

Black Canadians and the Justice System

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

What is Policing?

• Policing is the legal actions done by public or private forces to keep 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 happens
• Police need public approval to do their job
• Public cooperation is essential for enforcing laws
• More force leads to 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 separate
• Police should enforce laws, not act like judges
• Success is measured by less crime, not more arrests

History and Perspectives on Policing

• Before 1600s law was enforced informally (community-based)
• Social contract perspective: police protect public safety; people give them power voluntarily
• Radical view: police protect the powerful and suppress protest, can lead to a "police state"

The "Defund the Police" Movement

• The movement suggests 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

• Police ranks from low to high include constable, detective, sergeant, staff sergeant, inspector, superintendent, deputy inspector, chief officer / chief constable

Police Units

• Police units include patrol, investigations, K9 unit, media, traffic, mental health teams, admin, HR, research & planning

Types of Public Policing in Canada

• Federal policing = RCMP (national law enforcement)
• Provincial policing exists in Ontario, Quebec, and Newfoundland
• Municipal policing = local police for cities (by-laws, provincial, and federal laws)
• Indigenous policing is for and by Indigenous communities

Police Responsibilities

• Mandated responsibilities include enforcing laws, protecting people, investigating crimes, defined by laws and police regulations
• Assumed responsibilities include social work, mental health responses, community outreach, 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 a mix of academy + field
• RCMP Cadets train at Depot Division in Regina, then sent for field training

Challenges in Police Work

• Challenges include shift work & fatigue leading to work-life balance issues, facing discrimination accusations, mental health impacts, toxic workplaces, extra challenges for women, Indigenous, racial minorities, and LGBTQ2S+ officers

Key points

• Peel's Principles focuses on public cooperation, minimal force, and preventing crime
• Views on policing includes social contract vs radical/political view
• Defund the police means reallocating funding to community resources
• Police ranks go from constable to chief constable
• Types of policing include federal (RCMP), provincial, municipal, Indigenous
• Training includes municipal academy or local academy, and RCMP goes to Depot
• Challenges include stress, discrimination, poor work-life balance

Police Authority & Responsibilities

• Police can use force and restrict freedom of individuals
• Police must balance legal authority (law) with moral authority (ethics)
• Police actions are shaped by both law and judgment

Charter of Rights and Freedoms & Police Powers

• The charter section 7 states the right to life, liberty, and security
• The charter section 8 states freedom from unreasonable search/seizure
• The charter section 9 states the right not to be arbitrarily detained
• The charter section 10 states rights when arrested or detained which includes the right to a lawyer
• These sections limit how and when police can act

Police Discretion

• Laws don't cover every situation, so, police use discretion (judgment calls)
• Decisions are influenced by personal experience, training, and context

Procedural Justice Principles (How to Build Public Trust)

• Treat people with dignity
• Allow people to share their side
• Be fair and unbiased
• Build confidence through consistent and honest actions

Bias-Free vs Racial Profiling

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

Use of Force

• Use of force must be performing a legal duty
• Use of force must be based on reasonable grounds
• Use of force must be only using as much force as necessary
• Excessive force can lead to criminal or civil charges

Force Options Framework (Levels of Force) and its applications

• Lethal force is very rare in Canada at under 10 cases/year
• Officer presence simply refers to an officer showing up to prevent escalation
• Dialogue refers to verbal communication to resolve conflict
• Empty hands involve physical control techniques
• Compliance tools include weapons (e.g. baton, taser, pepper spray)
• 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)
• This adds complexity and risk to their role

Police Powers During Investigations

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

Police Misconduct

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

Misconduct Theories

• Rotten Apple is the theory that there is one bad officer
• Rotten Barrel is the theory that the problem is within a unit
• Rotten Orchard is the theory that there is widespread systemic issues

Complaints About Police

• Most police complaints are for "discreditable conduct" (acting in a disorderly, disrespectful way)
• Many complaints are found to be unfounded or unsubstantiated

What to Know

• Charter rights protect individuals from misuse of police power
• Police discretion means police rely on personal judgment where law isn't clear
• Procedural justice builds public trust (respect, fairness, neutrality)
• Use of force must be legal, reasonable, and necessary
• Force levels goes from officer presence to Dialogue to Physical To Weapons to Lethal
• Misconduct can range from unprofessionalism to criminal acts
• Complaints mostly concern behaviour and are often not upheld

Traditional Measures of Police Performance

• Crime rates measure the number of crimes reported
• Clearance rates measure the number of crimes solved or closed

Models of Policing

• In the Professional Model of Policing (3 R’s), random Patrol involves police patrolling unpredictably to deter crime
• In the Professional Model of Policing (3 R’s), rapid Response involves quick response to calls for service
• In the Professional Model of Policing (3 R’s), reactive Investigations involves investigating crimes after they occur
• In the Community Policing Model (3 P’s), prevention stops crime before it happens
• In the Community Policing Model (3 P’s), problem-solving works with the community to resolve root issues
• In the Community Policing Model (3 P’s), partnerships collaborate with community members

Community-Based Strategic Policing

• Community-based strategic policing combines community policing principles with crime prevention, crime response, and crime attack strategies
• Community-based strategic policing involves active engagement with the community and using resources strategically

Police & Community Relations

• Rebuilding trust is key, especially with historically marginalized groups
• Community-based methods involve volunteer involvement, foot patrols, and team/zone policing (officers assigned to specific areas)
• Police legitimacy is boosted through visibility, effectiveness, and responsiveness to community concerns

Challenges in Community Partnerships

• Indigenous communities often have a long-standing distrust toward police
• Limited resources and training for handling mental illness

Crime Prevention Strategies

• Primary strategies prevent crime before it happens such as CPTED(Crime Prevention Through Environmental Design), CCTV, neighborhood watch, and social media programs
• Secondary strategies focus on at-risk individuals using school resource officers, and youth programs
• Tertiary strategies prevent repeat offenses using programs involving social services, offender rehab, and re-entry support

Crime Response Strategies

• Crime response strategies respond to existing problems in communities
• Broken windows strategies fix minor issues to prevent bigger crimes
• Zero-tolerance strategies use strict punishment for all offenses
• Quality-of-life policing focuses on issues like noise, loitering, and disorder
• Problem-oriented policing solves underlying issues causing crime

Crime Attack Strategies

• Crime attack strategies actively target crime and high-risk individuals
• Tactical-directed patrol involves officers sent to areas based on data
• Hot spots policing focuses on areas with high crime rates
• Foot patrols boosts community presence
• Targeted initiatives focus on repeat or high-risk offenders

Discrimination in Investigations

• Investigations can be biased, especially with Indigenous, racialized, and vulnerable individuals
• Examples of problematic investigations include MMIW (Missing & Murdered Indigenous Women), and Thunder Bay police mishandling Indigenous cases
• Examples also include the Bruce McArthur case (Toronto) and failures to protect LGBTQ+ victims

Topic Key Points

• Police Models can be Professional, Reactive, or Community and Proactive
• Strategic Policing is a mix of data, prevention, and partnerships
• Crime Analysis guides police using data (crime maps and intelligence)
• Prevention Tiers are Primary, Secondary, and Tertiary
• Response Strategies addresses crime and disorder already present
• Attack Strategies proactively targets high-crime areas and repeat offenders
• Discrimination remains a problem in some investigations, especially for Indigenous and marginalized communities

Purpose of Criminal Courts

• Determine guilt or innocence
• Impose sentences
• Protect the rights of the accused
• Balance public safety and individual freedoms
• Judicial independence is essential to maintain public trust

Four Levels of Criminal Courts in Canada

• Provincial/Territorial Courts are 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
• Supreme Court of Canada (SCC) is the final authority for legal decisions in Canada

Court System in Ontario

• Nunavut has a unified court that handles all matters
• Ontario Court of Justice handles criminal, family, youth, mental health, drug, Gladue, and bail courts
• Ontario Court of Justice judges are provincially appointed
• Superior Court of Justice handles criminal, family, civil, and appeal cases
• Superior Court of Justice judges are federally appointed
• Court of Appeal for Ontario reviews cases from lower courts
• Provincial/Territorial Courts: Lowest level, no juries, most criminal cases are handled here
• Superior Courts: Serious criminal cases, often include jury trials and have trial and appeal divisions
• Appellate Courts: Review lower court decisions, usually, 3 judges hear the case

Specialized Courts

• Supreme Court of Canada: Final appeal court, hears major legal or Charter issues, has 9 judges
• Problem-Solving Courts focus on treatment and rehabilitation over punishment
• Problem-Solving Courts aim to divert people from the justice system
• Problem-Solving Courts use ideas from restorative and therapeutic justice
• Indigenous Courts use culturally appropriate sentencing
• Indigenous Courts focus on restorative justice and alternatives to jail
• Indigenous Courts include Gladue Courts (Ontario), and Tsuu T'ina Peacemaking Court (Alberta)
• Indigenous Courts include Indigenous Peoples’ Court (Thunder Bay, ON)
• Circuit Courts travel to remote or northern areas
• Circuit Courts include judge, lawyer, Crown, translator, and clerk
• Circuit Courts are often backlogged due to limited time and resources

The Supreme Court of Canada (SCC)

• Highest and final court in Canada
• Nine federally appointed judges
• Decisions are final and cannot be appealed
• Handles complex and high-profile cases
• Can overturn lower court rulings, interpret the Charter of Rights

Courtroom Roles (Working Group)

• Judge oversees the trial and ensures fairness
• Justice of the peace handles bail and search warrants
• Crown counsel prosecutes cases for the government
• Defence lawyer represents the accused
• Duty counsel is the first point of contact for legal aid
• Clerks/registrars help run the courtroom
• Sheriffs provide security and escort the accused

Supreme Court Judge Appointments

• Appointed for life by Governor General
• Chosen by Prime Minister & Cabinet, there is no formal consultation
• Criticized for lack of diversity, it is called a "judiciary of whiteness”

Judicial Ethics & Accountability

• Judicial ethics involves integrity, impartiality, objectivity, and following the law
• Judicial independence means free from outside influence or pressure
• Judicial accountability is overseen by the Canadian Judicial Council (CJC)which investigates complaints about judges

Challenges: Court Delays in Canada

• Widespread case backlogs undermine justice, affect victims, the accused, and public trust
• Reasons for delay include the shortage of judges & staff, case complexity, poor case flow management, and inefficient resource use

Key Points

• The court structure has four levels: provincial, superior, appellate, and the SCC
• The Ontario example is split into Ontario Court of Justice & Superior Court
• Specialized Courts use problem-solving, Indigenous, and circuit courts
• SCC is the final court with nine judges deals with big legal issues
• Roles in the courtroom includes a judge, Crown, defence, clerks, sheriffs, and duty counsel
• Issues include court delays, lack of diversity, and backlog in remote areas
• CJC oversees conduct, independence is key for ethics & accountability

Types of Criminal Offences

• Summary conviction offences are less serious and tried in provincial court by judge/magistrate
• Indictable offences are more serious and tried by judge or judge and jury
• Hybrid (Elective) offences can proceed as either summary or indictable with Crown decides

Trial Options for Electable Offences

• Provincial Court Judge (no preliminary hearing)
• Superior Court Judge Alone (may include a preliminary hearing)
• 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 alleged crime which 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 accused to appear in court which is used for less serious crimes
• Arrest: Can be made without a warrant under certain conditions

Release Options After Arrest

• Summary/Hybrid: Appearance notice or summons
• Indictable: May issue promise to appear, undertaking, or recognizance

Judicial Interim Release (Bail)

• Accused must appear before JP or judge within 24 hours
• Show Cause Hearing: Crown must prove why detention is necessary
• Statutory Conditions may include report to supervisor and staying within specific area
• Statutory Conditions may also include not contact with specific people
• Additional Conditions may include no alcohol/drugs and house arrest
• Additional Conditions may also include living with a responsible adult and electronic monitoring

Pre-Trial Remand

• Accused is held in custody before the trial or sentencing which ordered by judge or JP
• More people are in remand than serving sentences (especially in Ontario at 40%)
• Remand contributes to overcrowding, delays, and high costs
• Accused may never be found guilty but fill still spend time in custody

Security Certificates (For Non-Citizens)

• Used for individuals deemed a security threat
• Can be held indefinitely without charge
• Usually done in secret
• Individual may be deported
• Gov't must provide a summary of the case

Access to Legal Defence

• Right to counsel must be given at time of arrest or detention
• Legal aid is available for those who qualify
• Accused must be fit to stand trial

Arraignment & Plea

• Arraignment: Charges are read in open court; accused enters a plea
• Possible Pleas: Guilty, Not Guilty
• Plea Bargain: A deal between Crown and Defence which saves time and money as well as avoids a trial
• Accused may plead guilty for a lesser charge or sentence

Trial Process

• Crown Role: presents evidence, calls witnesses, must prove guilt beyond a reasonable doubt
• Defence Role: may challenge evidence or procedure, cross-examine Crown witnesses
• The Defense can 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 verdict must be unanimous

Common Legal Defences

• Common Legal Defences includes identity, mental state, justifications, procedural defences

Victims in the Criminal Justice System

• Victims are often overlooked in the trial process
• Police ensure victims appear in court
• The Vicims may be called to testify (can lead to re-victimization)
• The Vicims can apply for restitution(money for losses)
• Criminal injury compensation can be applied for by the Vicims

Wrongful Convictions

• Most common among marginalized, low-income, and Indigenous persons
• Cause by tunnel vision by police/Crown
• Can be cuased by false confessions or witness errors
• Unethical Crown practices can cause wrongful convictions
• Unreliable expert witnesses can be a cause

Key Point

• Types of offences are summary, indictable, and hybrid
• Pre-Trial involves charges, bail, remand, and security certificates
• Legal Rights involves the rights to counsel, legal aid, and fitness for trial
• The trial process involves arraignment, plea, judge/jury roles, and defence strategies
• Due to be neglected, may testify, there is a risk of re-victimization
• Caused by bias, mistakes, and injustice

Purpose & Principles of Sentencing

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

Sentencing Goals

• Utilitarian focuses on future crime prevention (e.g., deterrence, rehab)
• Retributive: Punishment fits the crime (deserved penalty)
• Restorative: Repairing harm, community and victim focus

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, evenings(for sentences under 90 days)
• Probation: Supervised in community, must follow rules
• Conditional Sentence: Sentence served in 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 at one after another
• Judicial Determination: Judges over ½ of sentence be served before parole(vs 1/3)
• Judicial Restraint Order: Conditions places by judge due to specific risk of fear

Factors in Judicial Sentencing Decisions

• Aggravating: Prior record, severity, hate motivation
• Mitigating: First offence, remorse, cooperation
• Reports: Pre-sentence report, psychological assessment, Gladue report
• Other Influences: Victim impact statements, case law, precedent, background of offender
• Demographics: Race, Indigenous background, gender, socio-economic status

Sentencing in a Diverse Society

• May discriminate against Indigenous peoples, racialized groups, and marginalized/vulnerable individuals
• Gender and community factors also matter
• There is risk of sentencing disparity for similar offences

The Gladue Decision & Report

• Glaude Decision: Judges must consider systemic factors in Indigenous sentencing
• 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; high risk of reoffending
  • There will be an indeterminate sentence (no set end date)
• Long-Term Offender: Serious offence, but not at the level of a Dangerous Offender
  • Serves 10 years under supervision after sentence

Judicial Discretion & Challenges

• Judicial discretion: Judges have wide latitude in deciding sentences
• Sentencing Disparity: there are unequal sentences for similar cases
• Collateral Consequences: Impact on family, employment, rights(e.g., travel, voting)
• Mandatory Minimums: Limit discretion, some struck down by the Supreme Court

Crime Victims & Sentencing

• Often dissatisfied with outcomes
• May submit Victim Impact Statements, and Community Impact Statements
• Special attention for Youth, women, and Indigenous victims

Restorative Approaches to Sentencing

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

Sentencing Benefits

• Encourages accountability
• Promotes reparation of harm
• Gives More support from victims

Criminal Court vs Circle Sentencing:

• The crime, resolves small part of a larger conflict
• The focus is on present and future conduct,
• Mixed evidence on whether sentencing achieves its goals through harsh penalties

Key Points

• The Sentencing Goals should be Utilitarian, Retributive, and Restorative
• Options should be from discharge to imprisonment
• Influences factors are reports, victim statements, and demographics
• Glade needs to be a unique Indigenous context must be considered
• Justice needs to be healing-focused, and collaborative

General Overview

• Most offenders found guilty receive non-custodial sentences completed in the community rather than incarceration
• The move toward alternatives is driven by High costs of incarceration, and The Truth and Reconciliation Commission of Canada’s final report
• There is Increased use of surveillance technology accompanies community-based options

Types of Corrections

• Non carceral Corrections uses community-based corrections
• Non carceral Corrections are alternatives to confinement such as diversion programs and probation
• Non carceral Corrections has programs for offenders released from institutions such as parole
• Carceral Corrections are jails and correctional institutions
• Carceral Corrections are operated by provincial, territorial, or federal governments

Diversion Programs

• Aims to keep offenders from being processed further into the criminal justice system(CJS)
• Goals include Lower costs, reduce of Stigma, and Offer better support for mental health
• Often built around restorative justice principles and Public support for diversion is generally strong
• Risk of net widening, where where individuals end up pulled into the system

Conditional Sentences

• Sentences is Served in the community instead of in prison
• Only available to offenders who would otherwise be incarcerated for less than two years
• Only available to offenders who Are assessed as manageable in the community
• Mandatory conditions , such as optional conditions set by the judge,
• Governed must follow:specific legislation regarding their use

Probation

• Supervised community sentence which Supervised by a probation officer
• May be used in combination with Conditional discharge and suspended and Intermittent sentenc
• The Probation Officer RoleAssesses needs and risks of clients and provides Management, may be on probation.

Intensive Supervision Probation (ISP)

• An intermediate sanction between regular probation and incarceration
• Includes Increased surveillance, and intervention
• Goals includes prison admissions costs

Challenges Faced by Probetation Officers

• Face Occupational stress with heavy workloads
• Has long Time or limited contact with offenders, face barriers in remote regions, and dealing with diverse populations

Types of Sanctions

• Also called alternative,Located between traditional ,Includes,Boot camps ,Monitoring ,and Halfway houses.

Community-Based Restorative Justice Alternatives

• divert offenders victim from deeper

Chapter 11

• US Auburn penitentiary
• Harsh or Silent

Corrections in Canada

• Non profs ,Jails
• Movement with Legal .

Segration Solitary

• Day 23

Correctional Officers(COS)

• Enforce

Male

• Prison

Challenges: