Women, Law, and Crime Course Overview

Women, Law, and Crime

• The course covers women, law, and crime, including the Canadian legal system
• The course objectives include introduction, syllabus review, Kahoot, and an introduction to women in law and crime.

Course Syllabus

• Required text: Barker, J., & Tavcer, D.S. (2022). Women and the Criminal Justice System: A Canadian Perspective (3rd ed.). Edmond Publishing.

• Evaluation:

  • Online Quizzes (15%): Due every other Monday by 4:00 pm. Best 3 out of 5.
  • Midterm (25%): February 12th, in class.
  • Media Assignment (30%): Due March 19th.
  • Final Take-Home Exam (30%):

• Teaching Assistants (TAs):

  • Molly Phillips: [email protected]
  • Claire Rahija: [email protected]

• Office Hours: Mondays, 2-3 pm, RCE 251 or by appointment

Canadian Policing Structure

• Three tiers:
  • Municipal (137 stand-alone organizations in Canada, highest in Ontario—44).
  • Provincial (Ontario, Quebec, and Newfoundland).
  • Federal (RCMP).

Indigenous Policing

• Introduced June 1991 (FNPP)—First Nations Policing Policy.
• Two types of policing agreements:
  • Self-administered Police Service Agreements: First Nations or Inuit communities manage their own police service under provincial legislation.
  • Community Tripartite Agreements: RCMP officers work with First Nations and Inuit communities.

Provincial Courts

• Each province has its own provincial court—the first level for criminal cases.
• Three levels:
  • Provincial/Territorial Courts: Handle less serious crimes (by-laws, small claims, traffic violations, family law).
  • Superior Courts: Hear most serious criminal cases (jury trials).
  • Courts of Appeal: Review cases from provincial/territorial superior courts.

Provincial Specialty Courts

• Specialty courts exist at the provincial/territorial level.
• Created to deal with specific types of offences (drug treatment, domestic violence).

Federal Courts

• Deal with claims against the government and federal areas (immigration, citizenship).
• Specialized courts: Tax Court, Military Court.
• Federal Court of Appeal: Reviews decisions of federal tribunals (copyright board, human rights tribunal, transportation appeals).

Supreme Court of Canada

• Highest court in Canada—no trials held here, only appeals from other courts.
• Composed of a chief justice and eight other judges, appointed by the prime minister.
• Reviews cases from different provinces and territories.

Correctional System

• Consists of federal and provincial services.
• Women are incarcerated at a much lower rate than men (7.45% in 2018-2020).
• Due to a smaller number of female offenders, female inmates are sometimes housed with males.

Prison for Women (P4W)

• Opened in 1934.
• Faced many issues like gendered rehabilitation programs (hairdressing, housekeeping), housing costs, and problems with housing all women in one prison.
• Located far from women's Homes.
• Lack of French and Indigenous programming.
• Closed in 2000.

Prisons for Women (current)

• Grand Valley Institution for Women (Kitchener, ON).
• Nova Institution (Nova Scotia).
• Edmonton Institution for Women (Alberta).
• Joliette Institution (Quebec).
• Okimaw Ohci Healing Lodge (Saskatchewan).

Statistics of Incarcerated Women

• The number of women in federal corrections increased by 20% between 2014-2015 but the total number of offenders changed very little.

Criminalized Women

• "Criminalized" describes individuals whose behaviors are sanctioned by law; race, class, gender, and sexuality affect criminalization.
• Crimes against the person (23%).
• Crimes against property (25.8%).

Theft and Fraud

• Two common crimes among women: theft and fraud.
• Economic needs are a significant factor.

Black Women, Fraud, and Welfare Queen

• Black women were blamed for welfare fraud in the 1980s and 1990s.

Illicit Drugs

• Women are commonly charged with drug-related activities (driving under the influence, possession, trafficking, importation).
• Drug-related offences increased by 52% from 1991-2014.

War on Drugs

• President Nixon launched strategies to combat drug use and distribution.
• Canada followed with similar policies like Harper's Safe Streets and Community Act.
• Emily Murphy: One of the "Famous Five" and referred to as the "mother of marijuana criminalization."

Incarcerated Mothers

• Many incarcerated women are mothers.
• Children of incarcerated mothers are often placed in foster care or with other family members.
• Women worry about their children, causing stress.
• Some women are allowed to have their children in prison, but most are not.

Mother-Child Program (MCP)

• Government-initiated program to keep families together.
• Implemented in 2001.
• Eligibility criteria include minimum or medium security, no mental health issues or criminal charges against a child, and access to an inmate babysitter/alternate caregiver outside prison.

Coping Strategies

• Many women develop coping strategies when incarcerated, including self-injury (24-38% among incarcerated women, 45.9% Indigenous women).
• Suicide rates among incarcerated women are higher.
• Alcohol and drug abuse are also common.

April 22nd Incident

• Women's prison riot at P4W on April 22, 1994.
• Riot involved throwing food, verbally assaulting officers, slashing, and attempted hostage-taking.

The Fifth Estate-P4W Riot Video and Discussion

• Fifth Estate- video that discusses the riot
• Topics to consider in the discussion include whether women's rights were violated, the warden's response, and a Commission of Inquiry.

Creating Choices Report

• Released in 1990 by the Task Force on Federally Sentenced Women.
• Highlighted problems with the correctional system, but criticisms of the report included that it failed to fully address the criteria of women-centeredness.

Watchdog Groups

• Groups dedicated to ensuring rights within the Canadian legal system (i.e. Correctional Investigator, Citizen Advisory Committees, and the Canadian Association of Elizabeth Fry Societies).
• Goal to support incarcerated women and girls, increase awareness of "decarceration."

Next Week: Theoretical Perspectives

• Required reading: Chapter Two
• Reminders: registration for accessibility services, opt-out deadline for textbooks, office hours.