Women, Law, and Crime: Course Introduction

Course Objectives

• Introduction to the course
• Review the course syllabus
• Kahoot game
• Introduction to Women, Law, and Crime

Syllabus

• Office hours are held Mondays from 2-3 pm in RCE 251, or by appointment
• Teaching Assistants for the course are Molly Phillips and Claire Rahija
• The required text for the course is "Women and the Criminal Justice System: A Canadian Perspective" (Third Edition) by Barker, J. & Tavcer, D.S. (2022)
• Course evaluation includes online quizzes worth 15%, a midterm worth 25%, a media assignment worth 30%, and a final take-home exam worth 30%
• Online quizzes are due every second Monday by 4:00 pm, best 3 out of 5
• The midterm is in class on Feb 12
• The media assignment is due March 19

Canadian Policing Structure

• Three tiers of policing: municipal, provincial, and federal

Municipal and Provincial Policing

• Municipal policing has the largest number of police officers in Canada
• There are 137 stand-alone police organizations in Canada, with the highest number in Ontario (44)
• Municipal police are governed by provincial police acts and range from small to large
• There are three provincial police services in Canada: Ontario, Quebec, and Newfoundland
• Provincial police are used in areas where RCMP or municipal police forces are not serving
• Provincial police share similar mandates and responsibilities as municipal police

Federal Police

• The RCMP reports to the Minister of Public Safety
• The RCMP operates in some capacity in all provinces and territories under the RCMP Act
• There are 15 provincial/territorial divisions, a training depot in Regina, and headquarters in Ottawa
• The RCMP provides a range of services including front-line patrol, criminal investigations, and federally mandated services

Indigenous Policing

• The First Nations Policing Policy (FNPP) was introduced in June 1991
• Two main types of policing agreements:
  • Self-administered Police Service Agreements: a First Nation or Inuit community manages its own police service under provincial policing legislation and regulations
  • Community Tripartite Agreements: a dedicated group of officers from the Royal Canadian Mounted Police provides policing services to a First Nation or Inuit community

Provincial Courts

• Each province has its own provincial court, which is the first venue for criminal cases
• Three court levels in each province:
• Provincial and territorial courts handle a wide variety of cases, such as by-laws, small claims, traffic violations, and family law, but not the most serious criminal cases
• Superior Courts hear the most serious criminal cases and all criminal trials with a jury
• Courts of Appeal review cases that come from provinces/territories superior courts and work in a similar fashion to the Supreme Court of Canada.

Provincial Specialty Courts

• Specialty courts exist at the provincial and territorial level
• Specialty courts are created to hear cases specific to one type of offense
• The goal is to divert people away from the CJS
• Examples of specialty courts: Toronto's Drug Treatment Court and Domestic Violence Courts

Federal Courts

• Federal courts hear cases involving claims against the government and cases in federal areas, such as immigration and citizenship
• Federal courts are made up of specialized courts, such as Tax Court and Military Court
• The Federal Court of Appeal also reviews decisions of federal tribunals: Copyright Board, Human Rights Tribunal, transportation appeal

Supreme Court of Canada

• All courts fall under the Supreme Court of Canada
• The Supreme Court of Canada has authority over all private and public law
• No trials are held at the Supreme Court, they only hear cases from various appeal courts
• The Chief Justice + 8 other judges are appointed by the prime minister
• The longest-serving Chief Justice was Honorable Beverley McLachlin, the first woman

Correctional System

• The correctional system consists of both federal and provincial services
• Females are incarcerated at a much lower rate than males
• From 2018-2020, 7.45% of federally incarcerated persons in Canada were female
• Due to the small number of female offenders, female inmates were housed with males
• 1849: the Brown commission report was released and highlighted horrific living conditions and punishment inflicted on women at Kingston Penitentiary
• Inmate Charlotte Reveille was incarcerated for longer due to "weather" and was abused, tortured, and confined

Prison for Women (P4W)

• 1934: First women's prison (P4W) opened
• Many issues with the P4W:
• Gendered rehabilitation programs (hairdressing, housekeeping, cooking)
• Reports that the penitentiary was costly when less than 50 women were being housed at a time
• Problems with housing all women in one prison
• Women were being housed too far from home
• Lack of French programming
• Indigenous women's needs not met
• 2000: P4W closed
  • The Task Force on Federally Sentenced Women (TFFSW) recommended its closure
  • Correctional Service of Canada and the Elizabeth Fry Society took a women-centered approach
• The TFFSW main goal was to access the correctional management of women
• Women were transferred to 5 regional facilities, including a healing lodge for Indigenous women

Prisons For Woman

• The five initial institutions for women are the Grand Valley Institution for Women, Nova Institution, Edmonton Institution for Women, Joliette Institution, Okimaw Ohci Healing Lodge
• Grand Valley Institution for Women: Located in Kitchener, Ontario
• Nova Institution: Located in Nova Scotia
• Edmonton Institution for Women: Located in Alberta
• Joliette Institution: Located in Quebec
• Okimaw Ohci Healing Lodge: Located in Saskatchewan
• Fraser Valley Institution, Buffalo Sage Wellness House, and Regional Psychiatric Center also house women

Statistics of Incarcerated Women

• Department of Justice Canada: 2020 Report on women in the Criminal Justice System
• The number of women in federal corrections has increased by 20% since 2014/2015, despite the total number of offenders changing very little (+0.3%)
• Despite representing only 4% of all women in Canada, Indigenous women made up 42% of women's admissions to provincial/territorial custody
• Since 2007/2008, the number of Indigenous women admitted to provincial/territorial custody has increased dramatically, by 66%, compared to a decrease of 8% for non-Indigenous women

Criminalized Women

• 'Criminalized' describes individuals whose behaviors have been criminally sanctioned by law Race, class, gender, and sexuality can affect the process of criminalization in many ways
• 23% of women involved in the CJS were charged with crimes against the person
• 25.8% of women charged with a crime against property

Theft and Fraud

• Two of the most common crimes among women are theft and fraud
• 27.3% of those convicted of theft are women
• 28.1% of those convicted of fraud are women Economic reasons are behind these crimes with examples such as credit card fraud, shop lifting, passing bad cheques
• Some women are also charged with defrauding government agencies (i.e., welfare)

Black Women, Fraud and Welfare Queen

• The 1980s and 1990s saw another boost in Black mother-blaming through Welfare Reform and the War on Drugs through the construction of the Welfare Queen
• 'Welfare queens' are:
• Black mothers who are lazy, often drug-addicted, hypersexual, careless parents whose primary goal is to evade work and lead lavish lifestyles funded by state benefits
• Case example: Linda Taylor

Illicit Drugs

• Women are commonly charged with drug-related activities
• Drug-related crimes include driving under the influence, possession of drugs, trafficking, and importation
• From 1991 to 2014, drug-related offenses have increased 52%, despite Canada's crime rate decreasing

War on Drugs

• President Nixon launched strategies to combat drug use and distribution
• Canada followed suit with Harper's Safe Streets and Community Act
• Emily Murphy : Women's activist, one of the 'famous five' and referred to as the 'mother of marijuana criminalization'

Incarcerated Mothers

• Many incarcerated women are mothers
• Due to being primary caregivers, a lot of children are placed into foster care or live with other family members
• Children are separated from their moms and women worry about their children, which causes stress
• Some women are allowed to have their children with them in prison, but most aren't

Mother-Child Program

• Mother-Child Program (MCP): A Government-initiative program intended to keep families together which was implemented in 2001 as part of a shift in women's corrections
• Eligibility requirements :
• Minimum or medium security levels
• No mental health issues or criminal charges against a child
• A designated inmate babysitter
• An alternate caregiver outside prison
• Criticisms exist

Coping Strategies

• Many women develop coping strategies when incarcerated due to stressors
• Coping strategy is any behavior that a person employs to deal with a difficult situation
• Some women commit criminal behavior to cope with abuse
• Self-injury is high among incarcerated women (around 24-38%) and Indigenous women account for 45.9% of all self-harm incidents in corrections. Suicide rates are also 7% higher for incarcerated individuals
• Alcohol and Drug Abuse

April 22nd Incident

• April 22, 1994: Women's prison riot
• A group of six women jumped officers outside the hospital area at P4W
• Many of the officers involved left their job and were negatively affected
• Throwing food, verbally assaulting officers, a slashing incident, attempted hostage-taking occurred from April 22-26
• The Warden of P4W called in a male institutional response team on the evening of April 26

The Ultimate Response – P4W Riot

• Commission of Inquiry (Arbour Inquiry)
• Video: The fifth estate - The Ultimate Response

Creating Choices Report

• In 1990, Report called "Creating Choices" was released by the Task Force on Federally Sentenced Women
• Highlights problems with the correctional system
• Criticisms of the report included failed to define the meaning and criteria of woman-centeredness, and needs were still not met

Watchdog Groups

• Presently, there are a number of groups dedicated to ensuring rights are upheld within the CJS
• Office of the Correctional Investigator (OCI): Reviews policies of the CSC and complaints
• Citizen Advisory Committees (CAC's): Allows members of the public to contribute to the quality of programs for incarcerated people
• Canadian Association of Elizabeth Fry Societies: Supports incarcerated women and girls and increase awareness of 'decarceration'

Next Week

• Required reading: Chapter two
• Reminders: Sign up for accessibility learning center for course/exams accommodations. Opt out deadline for textbook is Jan 13.

Introduction to the course 'Women, Law, and Crime'. Includes a review of the syllabus, course objectives and Canadian policing structure. Covers course evaluation, assignments, and required textbooks.