Equality, Equity & Justice System Terms

Equality vs. Equity

• Equality means everyone is treated the same with the same support and opportunities
• Equity involves fair treatment based on individual needs, potentially requiring extra support depending on personal circumstances

Hate Crime (Section 319)

• Hate crimes include advocating genocide, public incitement of hatred, and willful promotion of hatred
• Hate crimes saw a 27% increase from 2020 to 2021

Key Terms

• Racialized Persons: Individuals who are not white and not Indigenous
• Racialization: A social process that defines and unequally treats racial differences
• Racial Profiling: Judging or treating someone unfairly 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 homicides involve Indigenous women

Indigenous Peoples in the Criminal Justice System

• Indigenous people account for 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

• #30: End overrepresentation of Indigenous people in prison
• #31: Fund community-based alternatives to jail
• #32: Allow judges to avoid mandatory minimums
• #35: Make healing lodges more accessible
• #38: Reduce overrepresentation of Indigenous youth in custody

LGBTQ2S+ Experiences

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

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 or providing government services

Black Canadians and the Justice System

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

Chapter 4

What is Policing?

• Policing involves legal actions by public or private forces to maintain order and safety
• Policing can be public (government-run) or private (security companies like Garda or Commissionaires)

Sir Robert Peel’s 9 Principles of Policing

• The main goal is to stop crime and disorder before it occurs
• Police need public approval to do their job
• Public cooperation is essential for enforcing laws
• More force results in less public support
• Police should serve the law fairly, not public opinion
• Use force only when absolutely necessary
• Police are a 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 the 1600s, law enforcement was informal and community-based
• Social Contract perspective: police protect public safety, and the public gives them power voluntarily
• Radical View: police protect the powerful and suppress 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 (Low to High)

• Constable
• Detective
• Sergeant
• Staff Sergeant
• Inspector
• Superintendent
• Deputy Inspector
• Chief Officer / Chief Constable

Police Units

• Patrol
• Investigations
• K9 Unit
• Media
• Traffic
• Mental Health Teams
• Administration, HR, Research & Planning

Types of Public Policing in Canada

• Federal: RCMP (national law enforcement)
• Provincial: Exists in Ontario, Quebec, and Newfoundland
• Municipal: Local policing for cities (by-laws, provincial, and federal laws)
• Indigenous Policing: for and by Indigenous communities

Police Responsibilities

• Mandated Responsibilities: Enforce laws, protect people, investigate crimes, all defined by laws and regulations
• Assumed Responsibilities: Social work, mental health responses, and community outreach 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 a mix of academy and field training
• RCMP Cadets: Train at Depot Division in Regina, and then sent for field training

Challenges in Police Work

• Shift work and fatigue create work-life balance issues
• Police officers can be faced with discrimination accusations (racism, sexism, etc.)
• They may experience mental health impacts, such as PTSD and other stress-related injuries
• Toxic workplace environments and extra challenges for women, Indigenous, racial minorities, and LGBTQ2S+ officers

Key Points

• Peel's Principles: Focus on public cooperation, minimal force, preventing crime
• Views on Policing: Social contract vs radical/political view
• Defund the Police: Reallocating funding to community resources
• Police Ranks: from constable to chief constable
• Types of Policing: Federal (RCMP), Provincial, Municipal, Indigenous
• Training: Municipal = local academy, RCMP = Depot
• Challenges: Stress, discrimination, poor work-life balance

Chapter 5

Police Authority & Responsibilities

• Police can use force and restrict freedom
• Police actions are shaped by law and judgment, balancing legal authority with moral authority (ethics)

Charter of Rights and Freedoms & Police Powers

• 7: Right to life, liberty, and security
• 8: Freedom from unreasonable search/seizure
• 9: Right not to be arbitrarily detained
• 10: Rights when arrested or detained (e.g. right to a lawyer)
• These sections limit how and when police can act

Police Discretion

• Police must use discretion because laws don’t cover every situation
• Decisions are influenced by personal experience, training, and context

Procedural Justice Principles to Build Public Trust

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

Bias-Free vs. Racial Profiling

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

Use of Force

• Use of force must be to perform a legal duty, must be based on reasonable grounds, and only uses as much force as reasonably necessary
• Excessive force can lead to criminal or civil charges
• Lethal force is rare in Canada, with under 10 cases annually

Force Options Framework (Levels of Force)

• (1) Officer Presence: Simply showing up may prevent escalation
• (2) Dialogue: Verbal communication to resolve conflict
• (3) Empty Hands: Physical control techniques
• (4) Compliance Tools: Weapons (e.g. baton, taser, pepper spray)
• (5) Lethal Force: Last resort to stop a deadly threat

Mental Illness & Policing

• The police are often the first responders to people with mental illness (PWMI)
• Responding to people with mental illness (PWMI) adds complexity and risk

Police Powers During Investigations

• (1) Search & Seizure: Often requires a warrant
• (2) Detain & Arrest: Must be based on reasonable grounds

Police Misconduct

• Overseen by external boards and commissions
• Includes: Unprofessional conduct, excessive force, corruption, even murder

Misconduct Theories

• Rotten Apple: One bad officer
• Rotten Barrel: Problem within a unit
• Rotten Orchard: Systemic issues

Complaints About Police

• Most cases involve patrol officers, who interact with the public the most
• The most complaints are for "discreditable conduct" or acting in a disorderly, disrespectful way
• Many complaints are found to be unfounded or unsubstantiated

Key Points

• Charter Rights: Protect from misuse of police power
• Police Discretion: Rely on personal judgment where the law is unclear
• Procedural Justice: Builds public trust through respect, fairness, & neutrality
• Use of Force: Must be legal, reasonable, & necessary
• Force Levels: Continuum from officer presence -> dialogue -> physical -> weapons -> lethal
• Misconduct: Ranges from unprofessionalism to criminal acts
• Complaints: Mostly about behavior and are often not upheld

Chapter 6

Traditional Measures of Police Performance:

• Crime Rates: the number of crimes reported
• Clearance Rates: the number of crimes solved or closed

Policing Models

The Professional Model (3 R’s):

• Random Patrol: Patrol unpredictably to deter crime
• Rapid Response: Quick response to calls for service
• Reactive Investigations: Investigating crimes after they occur

Community Policing Model (3 P’s):

• Prevention: Stop crime before it happens
• Problem-Solving: Work with the community to resolve root issues
• Partnerships: Collaborate with community members

Community-Based Strategic Policing:

• Combines community policing with crime prevention, response, and attack strategies
• Involves active engagement with the community and uses resources strategically

Police and Community Relations:

• Rebuilding trust is especially key with historically marginalized groups
• Community-based methods: Volunteer involvement, foot patrols, team/zone policing
• Police legitimacy is boosted through: Visibility, effectiveness, and responsiveness

Challenges in Community Partnerships:

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

Crime Prevention Strategies:

• Primary: Prevent crime before it happens, for example, Crime Prevention Through Environmental Design (CPTED)
• Secondary: Focus on at-risk individuals, for example, Drug Abuse Resistance Education (DARE)
• Tertiary: Prevent repeat offenses, for example, programs involving social services, offender rehabilitation

Crime Response Strategies:

• These focus on responding to existing problems in communities
• Broken Windows: Fix minor issues to prevent bigger crimes
• Zero-Tolerance: Strict punishment for all offenses
• Quality-of-Life Policing: Focus on issues like noise, loitering, disorder
• Problem-Oriented Policing (POP): Solve underlying issues causing crime

Crime Attack Strategies:

• Focus on actively targeting crime and high-risk individuals
• Tactical-directed patrol: Officers sent to areas based on data
• Hot spots policing: Focus 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 with:
  • Indigenous
  • Racialized
  • Vulnerable individuals
• Examples of problematic investigations:
  • Missing & Murdered Indigenous Women (MMIW)
  • Thunder Bay police mishandling Indigenous cases
  • Bruce McArthur case (Toronto) and failures to protect LGBTQ+ victims

Key Points

• Police Models: Professional = Reactive Community = Proactive
• Strategic Policing: Mix of data, prevention, partnerships
• Crime Analysis: Guides police using data (crime maps, intelligence)
• Prevention Tiers: Primary (everyone) Secondary (at-risk) Tertiary (repeat offenders)
• Response Strategies: Address crime & disorder already present
• Attack Strategies: Proactively target high-crime areas and repeat offenders
• Discrimination: Still a problem in some investigations, especially for Indigenous and marginalized communities

Chapter 7

Purpose of Criminal Courts:

• Determining guilt or innocence
• Imposing sentences
• Protecting the rights of the accused
• Balancing public safety and individual freedoms
• Judicial independence is essential to maintain public trust

4 Levels of Criminal Courts in Canada:

• Provincial/Territorial Courts - Entry-level courts (most cases begin and end here)
• Provincial/Territorial Superior Courts - Handle serious cases, trials, and appeals
• Provincial Appellate Courts - Hear appeals from lower courts
• Supreme Court of Canada (SCC) - Final authority for legal decisions in Canada
• Nunavut has a unified court that handles all matters

Court System in Ontario

• Ontario Court of Justice: Handles criminal, family, youth, mental health, drug, Gladue, and bail courts and judges are provincially appointed
• Superior Court of Justice: Handles criminal, family, civil, appeals and judges are federally appointed
• Court of Appeal for Ontario: Reviews cases from lower courts

Provincial Court System Overview:

• Provincial/Territorial Courts: Lowest level, no juries and 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 and usually 3 judges hear the case
• Supreme Court of Canada: Final appeal court that hears major legal or Charter issues and has 9 judges

Specialized Courts:

• Problem-solving courts: Focus on treatment and rehabilitation over punishment
• Indigenous Courts: Use culturally appropriate sentencing and restorative justice; Gladue Courts (Ontario), Tsuu T'ina Peacemaking Court (Alberta)
• Circuit Courts: Travel to remote areas; include judge, lawyer, translator, clerk; and are often backlogged

The Supreme Court of Canada (SCC):

• Highest and final court in Canada and has 9 federally appointed judges
• Decisions are final and cannot be appealed
• Handles complex and high-profile cases
• Can overturn lower court rulings and interpret the Charter of Rights

Courtroom Roles (Working Group):

• Judge: Oversees trial and ensures fairness
• Justice of the Peace: Handles bail and search warrants
• Crown Counsel: Prosecutes cases for the government
• Defense Lawyer: Represents the accused
• Duty Counsel: First point of contact for legal aid
• Clerks/Registrars: Help run the courtroom
• Sheriffs: Provide security and escort accused

Supreme Court Judge Appointments:

• Appointed for life by the Governor General and chosen by the Prime Minister
• Criticized for lack of diversity

Judicial Ethics & Accountability:

• Judicial Ethics: Integrity, impartiality, objectivity, following law
• Judicial Independence: Free from outside influence or pressure
• Judicial Accountability: Overseen by the Canadian Judicial Council (CJC)

Challenges: Court Delays in Canada:

• Affect victims, accused, and public trust
• Reasons for delay: Shortage of judges & staff, case complexity, and poor case flow management

Key Points:

• Court Structure: 4 levels: provincial -> superior -> appellate -> SCC
• Ontario Example: Split into Ontario Court of Justice & Superior Court
• Specialized Courts: Problem-solving, Indigenous, circuit courts
• SCC: Final court, 9 judges, deals with big legal issues
• Roles in Courtroom: Judge, Crown, Defense, Clerks, Sheriffs, Duty Counsel
• Issues: Court delays, lack of diversity, and backlog in remote areas
• Ethics & Accountability: CJC oversees conduct and independence

Chapter 8

Types of Criminal Offences:

• Summary Conviction: Less serious, tried in provincial court by judge/magistrate
• Indictable: More serious, tried by judge or jury
• Hybrid (Elective): Proceed as either summary or indictable (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; can lead to arrest warrant or summons
• Laying of Charge: Crown must approve the charge before it’s officially laid
• Appearance Notice: Directs accused to appear in court; 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, 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: Report to supervisor, stay within specific area, no contact with specific people

Pre-Trial Remand:

• Holding accused in custody before trial
• Ordered by judge or JP
• Ontario has more people in remand than serving sentences
• Contributes to overcrowding, delays, and high costs

Security Certificates (For Non-Citizens):

• Used for individuals deemed a security threat; and can be held indefinitely without charge
• Individual may be deported

Access to Legal Defense:

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

Arraignment & Plea:

• Charges are read in open court and the accused enters a plea
  • Possible pleas: (1) Guilty then move to sentencing, or (2) Not Guilty then go to trial
• Plea Bargain: Deal between Crown and Defense to plead guilty for a lower charge to save time and money

Trial Process:

• Crown's Role: Presents evidence, calls witnesses, and must prove guilt beyond a reasonable doubt.
• Defense's Role: May challenge evidence or procedure, cross-examine Crown witnesses, and can file a motion to dismiss

Judge vs Jury:

• Judge: Determines facts and applies the law
• Jury: Determines facts and provides verdict

Common Legal Defenses:

• Mental State: Mental disorder, intoxication, and automatism.
• Justifications: Provocation, self-defense, consent
• Procedural Defenses: Charter violations, invalid law, improper prosecution
• Victims in the Criminal Justice System: Often overlooked in the trial process

Wrongful Convictions:

• Most common among marginalized, low-income, and First Nations
• Causes of wrongful convictions: Tunnel vision by police, false confessions, or expert witnesses.
• Key Points:
  • Offence Types: Summary, Indictable, Hybrid.
  • Pre-Trial: Charges, bail, remand, and security certificates.
  • Legal Rights: Right to counsel, legal aid, and fitness for trial
  • Trial process: Arraignment, plea, judge/jury rules, and defense strategies

Chapter 9

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 offense and just and appropriate

Sentencing Goals:

• Utilitarian: crime prevention (e.g., deterrence, rehab)
• Retributive: punishment that fits the crime (deserved penalty)
• Restorative: Harm repair, community, and victim focus

Sentencing Options (Least to Most Severe):

• Absolute/Conditional Discharge: Guilty but no conviction/conditions
• Suspended Sentence: Conviction entered, but no jail; placed on probation
• Fine: Pay money as punishment
• Intermittent Sentence: (Served under 90 days)
• Probation: Must follow set rules
• Conditional Sentence: a sentence served in community
• Incarceration: Time served in jail/prison

Special Sentencing Terms:

• Concurrent/consecutive Sentence: Serving multiple at the same or one at a time
• Judicial Determination: Judges over ½ must be served before parole is served (vs 1/3)
• Judicial Restraint: Conditions under fear

Factors in Judicial Sentencing Decisions:

• Aggravating: Prior record, severity hate motivation
• Reports : Pre-sentence report, psychological assessment, Gladue report
• Influences:
  • Victim impact statements
  • Case law
  • Offender's background
  • Demographics: Race, Indigenous background, gender, socio-economic status.

Sentencing in a Diverse Society:

• Risk of the systems discriminating towards BIPOC, gender or community
• System may discriminate against Indigenous peoples, racialized groups, marginalized, vulnerable, and gender groups

The Gladue Decision & Report:

Judges must consider systemic factors for Indigenous offenders (Glaude Decision), and the framework reports (Glaude Report)

• Dangerous and Long-Term Offenders:
  • Offenders: Violent crime reoffends over over a defined date.

Judicial Discretion & Challenges

• Judges have wide latitude in deciding sentences.
• Sentencing Disparity: Differences cases of similar cases
• Collateral Consequences: Impact on voting Mandatory Challenges: Impact and decisions

Crime Victims and Sentencing:

• Crime may not find satisfactory sentence
• Restorative Approaches
• Restorative: Healing with accountability

Criminal Court vs Circle Centencing

1. Encourages accountability
2. Promote reparation if harm.
3. Support with the benefits
4. The crime as a part of a smaller conflict

Key Points

Utilitarian, retribution and restored.

• Influences report
• Discrimination concerns
• Gladue
• Healing-focused

Chapter 10

General Overview:

• Most found guilty receive short sentences
• Reduce cost of sentence and reduce harm
• • Corrections

Carceral: Institution

• NonCarceral: community
• • Diversion programs
• Aims to keep offenders from processing

1. Stigmas reduced
2. Offer supporting for mental illness with restationa justice.
3. Community sentence

• Supervised time in community or by a supervisor and conditions with short term sentences
• Risk need for responsively SuperVision probation, also called alternative

Community sanctions

Aime to help in mediation to help with community

Chapter 11

History and Models

US Pennsylvania and Auburn

• Silent harsh
• Against coporeal punishment and supported rehabilitation

Corrections in Canada

a) Sentence of 2 + years includes halfway house

• *Provinalmental Health
• ** Non-profits

Security levels

• Free movement is a minimum
• Medium includes fences and restricted
• Higher high and restricted

Institutional challenges

Inmate profile

• Young male
• Typical female 10%

Indigenous inmates

• • Segragation/solitary
• ** 23 has

High stresses

• Loss of freedom to adapt to new culture
• Min and Med group
• • Self harm women more like to be a victim

Effectiveness

• No proof

Better in high stress

###Over Incarceration increases violence and crime

Chapter 12

• Classify offender needs
• Look at static change and case plan and release
• Focus on being biased

Responsivity

• Program and community work.

Types of Release

* Automatic to 2, 3

Full support or

• • One chances not always a benefit

Victim Releases

• Has a new team
• Access to all resources and networks

* Lack of diversity on parole

* Risk need high special and higher.

Balance help and community