CRIMJ F TERM MASS REVIEW DOC PDF

What's being covered? Who's handling that? - Colour coded bc were gay Org - Maalik (like Goku) - Pink for KJ - Red for Stef hi – why dont they say hi back… - Textbook chapters 1,2,13,4,5,6 - STEF - Youth Justice Guest Lecture (the girl) - KJ - Podcast (W9) - MAALIK READINGS (sorry theres 12,...

What's being covered? Who's handling that? - Colour coded bc were gay Org - Maalik (like Goku) - Pink for KJ - Red for Stef hi – why dont they say hi back… - Textbook chapters 1,2,13,4,5,6 - STEF - Youth Justice Guest Lecture (the girl) - KJ - Podcast (W9) - MAALIK READINGS (sorry theres 12, we’re doing 4 each) - STEFS READINGS - WEEKS 2-4 - W2: Chartrand, V. (2019). Unsettled Times: Indigenous Incarceration and the Links between Colonialism and the Penitentiary in Canada. Canadian Journal of Criminology and Criminal Justice, 61(2), 67-89. - W3: Remarks of the Right Honourable Richard Wagner, P.C., Chief Justice of Canada. Access to justice: A societal imperative. (2018, Oct 4). - W4: Police-reported crime in Canada, 2022. Accessible here. - MAALIKS READINGS - WEEKS 7-10 - W7: Bergen, H. & Abji, S. (2020). Facilitating the carceral pipeline: Social work’s role in funneling newcomer children from the child protection system to jail and deportation. Afflia: Journal of Women and Social Work, 35(1), 34-48. - W8: Thomas, J. (April 6, 2023). RCMP wasn’t built to police rural communities: criminologist. CTV News Atlantic. Accessible here. - W9: McSorley, T. (2021). The case for a ban on facial recognition surveillance in Canada. Surveillance & Society, 19(2), 250-254. - W10: Jane Doe v. Metropolitan Toronto Commissioners of Police (1998). Case Summary. Accessible here. - KJS READINGS - WEEKS 10-11 - W10: Flores, J. &, Alfaro, A.R. (2023). Building the settler colonial order: Police (in)actions in response to violence against Indigenous Women in ‘Canada. Gender & Society, 37(3), 391–412. - W11: Alberton, A.M., Goery, K.M., Angell, G.B., & McCue, H.A. (2019). Intersection of Indigenous Peoples and Police: Questions about contact and confidence. Canadian Journal of Criminology and Criminal Justice, 61(4), 101-119. - W11: Owusu-Bempah, A., & Jeffers, S.K. (2021). Black Youth and the Criminal Justice System: Summary Report of an Engagement Process in Canada. Department of Justice Canada. Government of Canada. Accessible here. Please read the following sections: ‘Executive summary’ (pg. 7-8); ‘Policing’ (page 25) - W11: Ibrahim, D. (2020). Public Perceptions of the police in Canada’s provinces, 2019. Canadian Centre for Justice and Community Safety Statistics. Statistics Canada. Accessible here. Please read the following sections: ‘Introduction’ and ‘Confidence in Police’. - W2: Burrows, J. (2010). Living legal traditions (chapter 1, pg. 6-22). In Canada’s Indigenous Constitution. Toronto: University of Toronto Press. POLICIES AND LEGISLATIONS - these will likely all be mine from textbook Juvenile Delinquents Act (JDA, 1908-1984) The Young Offenders Act (YOA, 1984-2003) The Youth Criminal Justice Act (YCJA), 2003-Present) Legal Cases & Case Studies - ALL IN TXTBOOK ASIDE FROM JANE DOE (i have to check latimer) – THESE ARE LOWER Think about key concepts from lecture content & reading do you see playing out in a case. R v. Latimer Abdul Abdi (Crimigration) Yatim Jane Doe - In 1986, Jane Doe was sexually assaulted by a man known as the "Balcony Rapist." She later discovered that the police were aware of a pattern of attacks targeting women living alone in her neighborhood. However, they chose not to warn the public, reportedly to avoid scaring off the perpetrator. Jane Doe argued that this decision violated her rights under the Canadian Charter of Rights and Freedoms, specifically her security and equality rights, and that her assault could have been prevented if the police had acted responsibly. - In 1998, the Ontario Court ruled in favor of Jane Doe, finding the police guilty of negligence and of relying on harmful stereotypes about sexual assault victims. - The court awarded her $220,000 in damages. - This case set a precedent for recognizing institutional biases in policing and their impact on marginalized groups, particularly women. MORE CASES AT BOTTOM sorey i made a sectio TRENDS & PATTERNS Crime rate patterns Look at Textbook figures and stats. Eras of policing; discussion of trends and patterns. Indigenous Legal Traditions ​Source of Indigenous Laws 1. Sacred Creation stories, how did people arrive here, etc 2. Natural Relationship with the natural world 3. Deliberative 4. Positivistic Laid out rules on how things should happen – regulations, codes, teachings. 5. Customary Relationships, marriages, land claims. John Burrows (2010) GEOGRAPHY Response Times and Accessibility In rural or remote areas, police response times are often longer due to vast distances between communities and limited staffing. This can lead to delays in emergency interventions and investigations. Delayed responses How Geography Shapes the legal context of policing: Mass Shooting in Nova Scotia, 2020 - Posed as a police officer and killed 22 people. Policing is lighter due to limited staff, requiring residents to rely more on community watch programs or other local initiatives. Lack of resources as well. Urban bias In urban settings, more police are deployed. They have better access to resources. But, leave nothing for rural spaces. - In urban locations, high population density and traffic congestion can also affect response times, but the proximity of police stations often mitigates this. - Certain areas, especially those with high crime rates or marginalized populations, experience heavy policing, often linked to systemic issues like socioeconomic inequality. - This can lead to tensions with communities over perceptions of over-policing or profiling. Racial Profiling in Policing Racial profiling starts with ideas of race to justify how you interact with people. Criminal profiling: What we know about the offence. Carding/Street Check: Situations in which a police officer randomly asks an individual to provide identifying information when there is no objectively suspicious activity, the individual is not suspected of any offence, and there is no reason to believe that the individual has any information on any offence. That information is then recorded and stored in a police intelligence database. Racial profiling in different contexts draws our attention to surveillance and versions of policing within said contexts. - In 2017, Ontario enacted the Regulation on Street Checks, banning arbitrary stops and requiring officers to inform individuals of their rights during interactions. THEME 3: CJS & Intersectionality – STEF AND KJ The ways that broad social structures work together to shape how the criminal justice system works. Race, xenophobia, classism, capitalism. EJM: in youth justice, provide the police and Crown counsel alternatives to divert youth, who admit responsibility for less serious offences, from the formal youth court system at the pre-charge or post-charge stage; often involves referral to a community diversion program. EJS: in youth justice, a more formal type of EJM that can be applied outside of the formal court process for youth involved in more serious offences and can include requiring youth to attend counselling, make restitution to the victim, do community service, or participate in restorative justice program such as victim-offender meditations or a healing circle, among others. Concept: Mission creep A shift in work for police; ie. The police engage with unhoused people. - Sexual violence. Ways of knowing; how are people understood by the police? Gender & Police Responses to Sexual Violence - What is systemic sex discrimination? “Systemic discrimination refers to policies or practices that appear to be neutral on their surface but that may have discriminatory effects on individuals based on one or Code grounds” (Ontario Human Rights Commission) - How does this happen through policing? Police repeatedly employed racist, gendered, and classist stereotypes to respond to and justify violence against Indigenous women. “She was [a] (insert pathologizing stereotype)” (also known as pathologizing narrative). The pathologizing narrative…informs how police respond little to violence as it then facilitates the perpetuation of violence. “There’s nothing we could do.” Storyline allows for “the justification of police (in)action” (p. 404) - E.g., Flores, J. &, Alfaro, A.R. (2023). Building the settler colonial order: Police (in)actions in response to violence against Indigenous Women in ‘Canada. Gender & Society, 37(3), 391–412. Central argument (lecture notes) Through their (in)actions, police produce and reproduce common frames, styles, and storylines that make sense of, justify, and dismiss violence against Indigenous women, girls, and 2SLGBTQQIA people. - Central argument. “…Verbal interactions and communication (or behaviors) between Indigenous and non-Indigenous people and the police in the context of violence against Indigenous women, girls, and 2SLGBTQQIA people. This violence is essential in reproducing the settler colonial order. The stories we analyze uncover the material and ideological mechanisms that lubricate the settler colonial order (Glover 2007)” The North-West Mounted Police (NWMP) was created in 1873. Worked to control and contain Indigenous peoples in reserves and prisons. Educated settlers and Indigenous peoples about their position in the settler colonial order (e.g., when Indigenous women experienced violence from white settlers, the NWMP rarely held white men accountable for their actions because Indigenous women were seen as dirty, lazy, promiscuous, and accustomed to violence. “This article contributes to understanding how police make sense of, justify, and dismiss violence against Indigenous women, girls, and 2SLGBTQQIA people.” Race , (Mis)trust, & Police W11: Alberton, A.M., Goery, K.M., Angell, G.B., & McCue, H.A. (2019). Intersection of Indigenous Peoples and Police: Questions about contact and confidence. Canadian Journal of Criminology and Criminal Justice, 61(4), 101-119. W11: Owusu-Bempah, A., & Jeffers, S.K. (2021). Black Youth and the Criminal Justice System: Summary Report of an Engagement Process in Canada. Department of Justice Canada. Government of Canada. - The concept of under policing - Police not showing up at all which plays at people’s confidence and trust. - Black youth report low confidence; feelings of being stalked or being questioned by police in a way that does not seem justifiable. Experiences of policing among POC (reading summary): Black youth report both over-policing and under-policing (p. 25) “Black youth’s experiences with the police are also characterized by abuses of power, dehumanization, and police brutality” (p. 25) “one-way road” of inescapable involvement with the CJS” (p. 26) “[…] poor treatment of Black youth by police can subsequently impact diversity in policing in unseen ways” (p. 26) The Evolution of Canadian Policing & Public (Mis)Trust - pre-modern era – prior to 1820 Settler colonialism created opportunities for mistrust. Engage with and intervene with indigenous communities. People interpreted this as a powerful source trying to control an entire population. - Political era – 1820-1940 Most explicitly about mistrust; we see the police not as an objective body. - Professional era – 1940-1980 An opportunity to correct and legitimise policing. Organise and include pressure and qualifications. However, with two eras of mistrust these trust issues cannot be fixed within one. - Community Policing era – 1980 to present Despite having all these safeguards in place, you actually increase the level of distrust because all of these expectations are not actively addressing the issue. “Is it the entire police structure?” Mistrust was fundamental to every single era. W11: Ibrahim, D. (2020). Public Perceptions of the police in Canada’s provinces, 2019. Canadian Centre for Justice and Community Safety Statistics. Statistics Canada. Confidence in the police → In 2019, 90% of Canadians in the provinces expressed confidence in the police. → More than four in ten (41%) had great confidence in the police, while nearly half (49%) had some confidence. → Less than one in ten people (7%) had little confidence in the police. → 2% reported no confidence at all. THEME 4: CJS DOES NOT EXIST IN A SILO INSTITUTIONAL COORDINATION Dual-system involvement (e.g., cross over youth) – Simultaneous involvement across multiple systems Ie. Child Welfare → Criminal Legal System 1. Institutional coordination - Concurrent involvement with multiple systems It moves between one, it ends, and then you become a client to the other system There is a border between the two systems. Institutional Coordination You are engaged with one system that ends and initiates with another system. Facilitates the work between institutions. The way that work processes of one institution (e.g., criminal justice system) facilitate and/or initiate the work processes of another institution (e.g., immigration system) - Not the same as ‘cross-sectoral collaborations’ It’s not like education and childware say, “let’s all work together.” - Not the same as ‘system failure’ The system is designed to work with one another. - Adds to our understanding of ‘dual contact’ It's hard to differentiate when someone is simultaneously involved in several systems. Criminal legal system is connected to other systems. It does not work in isolation. Theorists asking the question: Where does the CJS end? “Carceral archipelago” (Foucault, 1975) – the spread of disciplinary techniques beyond the prison The carceral archipelago is like an archipelago of islands (a network of connected places), such as prisons, schools, workplaces, and hospitals, where control and discipline happen. Together, these sites enforce societal norms and maintain power structures. Foucault explains that control and surveillance extend beyond prisons into everyday spaces: - Schools enforce rules and monitor students. - Workplaces track performance and behaviour. Surveillance, like the Panopticon's constant watch, makes people feel observed, encouraging self-regulation. THEME 5: JUSTICE? Justice - Types of Justice (week 3) Formal justice - Form of justice that recognizes equality by treating agents as equals. Substantive justice - Recognizes that sometimes equals must be treated unequally in order to receive justice. Ethical practice/justice - Seeks to achieve justice through altruistic practice by helping those without resources. - Ie. Legal Aid Access to Justice (week 3) Remarks of the Right Honourable Richard Wagner, P.C. Chief Justice of Canada A Democratic Issue : Asking who can and cant participate, access to the SAME justice A Human Rights Issue: lack of access leads to reinforcement of existing inequalities An Economic Issue: The resources needs, affordability, these aspects shape how people go through the system Procedural justice policing “quality of police treatment of people and the quality of police decision making” (Mazerolle et al. 2014) Refers to the fairness of the processes used to make decisions and enforce rules within a system, particularly in law enforcement, criminal justice, and other public institutions. The concept emphasizes that people are more likely to view authority as legitimate and comply with its decisions if they perceive the processes as fair, transparent, and respectful. Ensure that the police are going through the correct legal procedures that let them do their job as police officers and fully respect citizens' and suspects' rights. Key Principles 1. Respect (police officers should respect the other person; treat them with dignity) 2. Participation (need to let the other person participate in the conversation) 3. Neutrality (police should come into the conversation without any biases or judgment) 4. Trust (all of those things put together help build trust between the police, the other person, and the public as well) theres also smth for this in the textbook so ill add on NEUTRALITY Decisions are unbiased and guided by transparent reasoning RESPECT All are treated with respect and dignity TRUST Decision makers convey trustworthy motives about those impacted by their decisions PARTICIPATION All are given a chance to tell their side of the story QUICJ REV OF WHOS DOING WHAT BY PERSON – ANY QUESTIONS LMK - STEF - Readings from W2-4 (MINUS BURROWS) - TEXTBOOK CHAPTERS - LEGAL CASES - POLICIES IN TXTBOOK - CRIME CONT V DUE PROCESS - DISCRETION - FILTERING, FUNNELING, AND SEQUENCING - ANYTHING ABT YOUTH CRIM J - KJ - READINGS FROM WEEKS 10-11 (not including JANE DOE V METROPOLITAN) - BURROW J READING TOO W2 - INDIGENOUS LEGAL TRADS - CONCEPT OF MISSION CREEP - CJS + INTERSECTIONALITY - GENDER AND POLICE RESP TO SEXUAL VIOLENCE - RACE, MISTRUST, AND POLICE - MAALIK - READINGS FROM W7-W10 (MINUS FLORES AND ALFARO) - JANE DOE LEGAL CASE - GEOGRAPHY - HOW GEO AFFECTS CJS - INSTITUTIONAL COORDINATION - PROCEDURAL J Genera: when doing these keep in mind - IF the charter is mentioned write that down + the section - No numbers, stats, etc, but NOTE if crime rates for example went up or down - I (stef) will put figures and graphs and summarize what they say - Section 10 and 15 of the charter? Idk just keep it in mind - How the legal framework guides the ability to arrest someone - Trends and patterns during the era of policing  - Power and hierarchy in these frameworks - Place your bets, i think this doc will end up being 34 pages - stef ANY QUESTions consult the gc Also refer to maaliks exam prep doc from the review class for anything additional BUT i believe i got 99% of it Beginning of the war. READING NOTES (organized by week order) - W2 CHARTLAND V 2019 - Chartland argues high rates of indigenous incarceration in Canada are not merely the legacy of colonialism, but an ongoing part of the colonial project - The prison system was rooted in the same logics of control and assimilation as other colonial practices such as residential schools - Prison system was initially reserved for white settlers, and then increasingly became a means to control indigenous people as other segregation policies came about - Principles of colonialism: racial hierarchy, segregation, and assimilation - All still present in criminal justice system - Despite the Gladue decision and the initiatives from restorative justice, Indigenous incarceration rates continue to rise. This is due to reformation failures to address systemic colonial relationships underpinning the justice system - Author emphasized need for decolonization and indigenous led legal reforms, prioritizing self determination to address the structural inequities in the prison system - Recognition of systemic colonialism, needs for decolonization strategies, and critical reflections on how colonialism is embedded in criminal justice operations - W2 BURROWS J 2010 - W3 REMARKS OF THE RIGHT HONOURABLE RICHARD WAGNER Emphasizes importance of improvements needing to be made to access to justice in canada, Highlighting systemic barriers that undermine the justice systems democratic, human rights, and economic dimensions - Justice as foundational to democracy - Inequalities in accessing justice, those who are self representing litigants, or individuals who cannot afford legal counsel who lose confidence in legal system - Can lead to social unrest, highlighting stakes for maintaining a trustworthy system - Denying access to justice undermines dignity and reinforces social inequities - An accused without representation may plead guilty unnecessarily, face wrongful conviction, or receive disproportionately harsh sentences, exacerbating disparities in CJS - Impacts societal productivity, personal well being, and economic activity - In criminal context, lack of navigation in cjs may cause a struggle to reintegrate into society or avoid prolonged detention due to lack of advocacy - For businesses, delayed resolution of disputes can lead to significant financial losses - Barrier: Costs, delays due to procedural complexity and backlogs, lack of legal info  - Self representation happens but is often ineffective - Solutions ideas being innovative legal aid, pro bono work, and judicial training, and systemic reforms - W4 POLICE REPORTED CRIME IN CANADA 2022 CRIME SEVERITY INDEX increased for the second consecutive year in 2022 - Many crimes which drove the increase were property related (veichle theft, robbery, B & E,) - Raising the most in manitoba - Increase in homicides since 2021 - Increase in intimate partner homicide 11x higher - INCREASE IN POLICE REPORTED HATE CRIMES in 2022 particularly targeting race or sexual orientation rather than religion - W7 BERGEN H AND ABJI S 2020 WEEK 7: READING Facilitating the Carceral Pipeline: Social Work’s Role in Funneling Newcomer Children For the Child Protection System to Jail and Deportation How child protection services (CPS) in Canada intersect with immigration and criminal justice systems → creating a carceral pipeline that disproportionately impacts racialized and non-citizen children. - Through systemic neglect and punitive practices, CPS functions as a carceral system, funneling children into prisons and, for non-citizens, toward deportation. - Logics treat marginalized families as threats to social order rather than victims of systemic inequality. - Families are criminalized instead of being supported, reinforcing histories of anti-Black racism, Islamophobia, and settler colonialism. Abdoul Abdi Case Study - Abdoul Abdi, a Somali refugee, arrived in Canada at age six with his family. - After his mother’s death, Abdoul and his sister were placed in foster care and separated from their relatives. - CPS failed to inform Abdoul of his right to apply for Canadian citizenship or initiate the process. - As a result, Abdoul remained a non-citizen throughout his upbringing. - Following a criminal conviction, Abdoul was subject to deportation under Canadian immigration policies targeting non-citizens who commit crimes. Crimmigration - A term describing the convergence of criminal and immigration systems, where non-citizens are increasingly criminalized. - Deportation policies like Canada’s Bill C-43 (2013) expand the grounds for deporting non-citizens. CPS - CPS contributes to this pipeline by removing children from their families, which destabilizes their lives and increases their risk of incarceration and deportation.  - Abdoul’s aunts were barred from applying for his citizenship because he was under state care. - Issues like poverty and lack of housing are reframed as parental failings, justifying child removal by CPS. - Instead of providing social support, CPS often uses punitive measures that criminalize families, particularly Black, Indigenous, and immigrant families. CONC. - Address CPS practices that escalate minor incidents to criminal charges (e.g., involving police for curfew violations or conflicts in group homes). - Work to dismantle carceral systems, including CPS, prisons, and immigration detention. - Social workers should reflect on their complicity in perpetuating carceral systems. - W8 THOMAS J 2023 RCMP wasn't built to police rural communities: CTV - The RCMP has faced long-standing criticism for its handling of rural policing, further amplified by its response to the 2020 Portapique mass shooting in Nova Scotia. Criminologist Michael Boudreau argues the RCMP's design as a national force doesn't align with the needs of rural, community-based policing. - Challenges include a lack of community integration, transient officers unfamiliar with the area, and an absence of effective "boots-on-the-ground" strategies. - In Colchester County, discussions around policing effectiveness and cost predated the mass shooting. - Local officials like Tom Taggart and Michael Gregory highlight persistent challenges, including inadequate police presence and officers’ lack of familiarity with communities. - Boudreau suggests rural provinces (e.g., Nova Scotia and New Brunswick) should replace RCMP services with municipal policing for better community integration. - Police officers should live in and integrate into the communities they serve to enhance understanding and trust, according to New Brunswick Mayor Ken Stannix. - Financial backing from all levels of government is critical for effective rural policing. - W9 MCSORELY The case for a ban on facial recognition surveillance in Canada. - “Smart technologies” are framed as enhancing safety and security, from home appliance monitoring to crime prevention and law enforcement. - Law enforcement increasingly uses "smart" tools, including facial recognition, despite documented inefficacy and controversy. - Technological advancements and expanded surveillance powers post-9/11 have intensified the securitization of cities. Integration across national, regional, and local agencies has led to increased criminalization and surveillance. Facial Recognition in Canada - RCMP secretly used Clearview AI from 2019, despite initially denying it, and has used facial recognition since 2002. - Clearview AI, now pulled from Canada, violated privacy by scraping billions of images from social media without consent. - Many Canadian police forces have admitted to using facial recognition, often after public pressure or leaks. - Law enforcement agencies often adopt facial recognition technology without oversight or disclosure. - Public consultation or regulation is absent, leading to potential misuse and violation of rights. Violation of Rights: - Clearview AI’s indiscriminate scraping and its use by law enforcement and private companies pose severe risks. - Potential for misuse by individuals and governments (e.g., stalking, blackmail, political suppression). - Facial recognition is prone to errors, especially for marginalized groups: - Higher misidentification rates for people of color, women, and Indigenous individuals. - Detroit Police’s 96% misidentification rate, predominantly targeting Black individuals. - Use of flawed databases (e.g., mugshots of individuals never convicted) exacerbates bias. - W10 JANE DOE V METROPOLITAN The same case as discussed: HERE - W10 FLORES J AND ALFARO 2023 - W11 ALBERTON AND GOERY ANGEL FUCK THERES SO MANY 2019 - OWUSU BEMPAH AND JEFFERS SK 2021 - IBRAHIM D 2020 PODCAST - MAALIK Chapter 5: Police Powers and Decisions Making Policing Mental Health Crisis: Personal and Professional Perspectives Researcher Jennifer Lavoie: focuses on mental illness and criminal justice outcomes. - Examines how police services respond to individuals experiencing mental health crises or living with serious mental illnesses. - Considering the perspectives of families who call the police in these situations.  - Investigates police interventions during mental health crises, noting rising encounters in Canada involving individuals with mental health and substance use disorders. Most police encounters with individuals experiencing mental health issues are resolved peacefully. (What she said) However, Concerning trends include: - Negative perceptions of these encounters. - Frequent reliance on physical force by police. - Disproportionate fatalities in such incidents. Controversies : that affect research - Misconceptions about mental illness, often perpetuated by the media portraying people as dangerous. - Simplified and selective portrayals of police interactions. Public opinions on mental illness and police work are polarized, making it hard to shift perspectives. - Issue needs input from multiple people and experts to explore dualities and complexities effectively. Guiding Podcast Questions & Individuals involved. 1. Why are police services receiving so many mental health calls? 2. What is the quality of these interactions? 3. How can these interactions be improved? Lived Experience: Perspectives from affected individuals. Research Scientist: Based at an Ontario mental health hospital. Crystal Martin Police Officer: From York Regional Police's Training and Education Division. Findings - Mental health-related calls account for 1%–30% of police service calls. - Accurate estimates are difficult due to inconsistent data collection and classification. - Individuals with mental illnesses and substance use disorders are 2–3 times more likely to be arrested. Reasons for police contact include: - Criminal victimization. - Requests for assistance. - Mental health crises or managing social disorder. 2014 Standing Committee on Public Safety and National Security Report: - Most encounters are not crime-related but involve crises or social disorder management. - Homeless individuals are overrepresented in police contacts. Difference between Mental Health Crisis & Mental Illness. Mental Health Crisis Definition: Situations where extreme emotions, behaviours, or actions risk self-harm, harm to others, or inability to function. - Environmental or external stressors like family conflict, trauma, work/school stress, or job loss.  - Immediate intervention is often required. Police Response to Mental Health Calls - Police are the primary and often sole emergency responders for mental health crises. Under the Provincial Mental Health Act, police are authorized to: - Apprehend individuals who appear to have mental health issues and are at risk. - Transport them to a physician for evaluation. - Fewer than 2% of police calls result in mental health apprehensions. - In 2020 the RCMP made approximately 88,000 mental health apprehensions out of nearly 3 million total calls for service. Paul Wilson (York Regional Police) - In 2020, York Regional Police responded to approximately **10,000 calls** with a mental health aspect: - 3,297 calls were classified as EDP (Emotionally Disturbed Person). 1,345 were suicide attempts. 5,600 calls were explicitly mental health-related. - York Region has a population of 1.1 million, meaning 10–15 calls per day, on average, involve mental health crises. Crystal Martin (Research Scientist) Pandemic Impact Mental health-related police calls surged during COVID-19 due to stressors like illness, isolation, financial strain, elder/child care demands, and grief. - Mental health apprehensions rose by 3%. - Other mental health-related calls increased by 10%. - Well-being checks increased by 12%. Barriers to Seeking Help - Limited Support Systems. Hospital stays are often unwelcoming and limited to imminent risk cases. Many are discharged without follow-up care or services. Many mental health resources are private and not covered by OHIP. - Lack of integration between private and community resources results in police being called for crises due to inadequate mental health services. Crisis Beds? - Difficult to access, often full, and under-publicized. Who Calls the Police? - Calls often come from service providers, family members, friends, bystanders, or the person in crisis themselves. - Families frequently face barriers to accessing services until the situation becomes an emergency. - Family members or friends may overestimate the severity of a situation.  - Police are often dispatched based on this information, which can escalate the perception of danger. Police respond based on the initial report, often prioritizing public safety over de-escalation. This is influenced by mistaken beliefs about a link between mental illness and violence. Greg Hauge (Peer Support Specialist, Lived Experience) Diagnosed with bipolar disorder and paranoid schizophrenia as a teenager. - Negative experiences with police: Felt intimidated and demeaned during interactions. Police responses often lacked empathy; experiences included being laughed at and treated roughly. The first interaction with the mental health system was through arrest, followed by hospitalization. - Fear of harm, especially when police enter safe spaces armed. - The stigma around mental health, particularly diagnoses like schizophrenia, is often misunderstood and feared. ⭐ Relational Policing - A humanistic approach focusing on empathy, compassion, and trauma-informed care. Minimizes authoritative presence and emphasizes active listening and de-escalation. For police, Improves de-escalation skills and confidence in responding to mental health crises. Reduces stigma and fosters empathy among officers. Stigma (Sigma) Mental illness is often perceived as a personal weakness or lack of effort to change one's situation. - Strong bias linking mental illness to violence, despite evidence to the contrary - Individuals with mental health challenges are more likely to be victims of violence than perpetrators. Police Training on Mental Health - Police training on mental health is inconsistent, with no provincial or national standards. - Training duration varies widely, from 1 hour to 40 hours, leading to variability in service quality across regions. - Officers often feel unprepared and uncertain when handling mental health-related calls. ⭐ Crisis Intervention Team (CIT) Training: - Focuses on de-escalation techniques and mental health knowledge. - Aims to create safer interactions between police and individuals in crisis. - Despite improvements, training effectiveness and validation remain insufficient. Issues in Police Response - Taser use is disproportionately higher in interactions involving individuals with mental health issues. - Individuals with a mental health history are overrepresented in police-involved fatalities. Complex behaviors in crises can be misinterpreted as resistance or threats, leading to escalation. - Historically, police training emphasized tools, equipment, and managing high-risk events, reflecting a "law and order" mindset.  - Training should also help officers recognize and manage their physiological responses to stressful situations. POLICIES AND LEGISLATIONS - STEF ANYTHING RELATED TO YOUTH IS IN THE CHAPTER SECTION – highlighted should be most important CHARTER SECTIONS 7) guarantees the life, liberty and personal security of all Canadians. Section 8 of the Charter protects privacy rights and your right to be free from unreasonable search and seizure. Section 25 Criminal Code Protection of persons acting under authority - 25 (1) Everyone who is required or authorized by law to do anything in the administration or enforcement of the law - (a) as a private person, - (b) as a peace officer or public officer, - (c) in aid of a peace officer or public officer, or - (d) by virtue of his office, - if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose. 26 Criminal Code (EXCESSIVE FORCE) Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. Mental Health Act, R.S.O. 1990, c. M.7 (Ontario) - 17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person, - (a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself; - (b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or - (c) has shown or is showing a lack of competence to care for himself or herself, and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in, - (d) serious bodily harm to the person; - (e) serious bodily harm to another person; or - (f) serious physical impairment of the person, - and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician. 2000, c. 9, s. 5. 487.01 of the Criminal Code - authorizes the bearer to use any device, investigative technique, or procedure, or do anything described in the warrant that would constitute an unreasonable search and seizure if it were not authorized by warrant. Identification of Criminals Act  - The Identification of Criminals Act authorizes the fingerprinting or photographing of all persons charged with or convicted of an indictable offence (including all dual procedure offences), or apprehended under the Extradition Act LEGAL CASES - MAALIK AND STEF Ones bolded i think are more important Sammy yatim - Police excessive force against an 18 year old in toronto - Case raised questions regarding policing, mental health, and accountability - Yatim was on a streetcar with a small knife reported to be behaving erratically - Police called, and within seconds fired three shots in the chest, then six additional shots + tasering - Pronounced dead on scene - Raised questions about police reform, especially regarding de escalation, mental health crisis intervention, and the use of body camera R v. Latimer - Robert latimer (dad) who was convicted of second degree murder against his daughter tracy latimer who had severe cerebral palsy, significant pain, and very limited mobility - Dad killed her via carbon monoxide poisoning - Claiming his actions were motivated by compassion, that her quality of life was unbearable - Three years later was retrialed - Key points were thay this case raised questions about a mercy killing versus murder as well as a discussion regarding euthanesia - Granted full parole in 2010 Abdul Abdi (Crimigration) - He was a somalian refugee who came to canada with his sibling to flee war - Placed in child welfare in nova scotia, experiencing instability and no support - Nova scotia government is responsible to failing to secure his citizenship when he was a minor - Because of these governmental failures, he faced many legal troubles due to a traumatic upbringing and systemic failures - They deported them because of the IRPA the immigration and refugee protection act, allowing the deportation of non citizens convicted of serious crimes - Intersection between criminal and immigration law - Systemic failure, laws were not even placed in regards to children in these situations - Gaps in child welfare, how children fall through the gaps - The need for reform and protection for non citizens - Depicts how crimmigration policies perpetuate inequalities to vulnerable populations Jane Doe - In 1986, Jane Doe was sexually assaulted by a man known as the "Balcony Rapist." She later discovered that the police were aware of a pattern of attacks targeting women living alone in her neighborhood. However, they chose not to warn the public, reportedly to avoid scaring off the perpetrator. Jane Doe argued that this decision violated her rights under the Canadian Charter of  Rights and Freedoms, specifically her security and equality rights, and that her assault could have been prevented if the police had acted responsibly. - In 1998, the Ontario Court ruled in favor of Jane Doe, finding the police guilty of negligence and of relying on harmful stereotypes about sexual assault victims. - The court awarded her $220,000 in damages. - This case set a precedent for recognizing institutional biases in policing and their impact on marginalized groups, particularly women. Starlight tours and the Neo Stone Trial - Neo stone was a young indigenous man who had survived a starlight tour crime - Said he was picked up by police, driven out of the city, and abandoned in freezing conditions, managing to survive and bringing it to public attention - For some reason it was up to fucking debate whether or not their acts constituted as an instance of systemic racism and abuse of power - Calls for police reform, independent oversight of law enforcement and better protection for indigenous communities R V LIFCHUS - Beyond a Reasonable Doubt: The standard which must be met in order to convict a defendant in a criminal case - Requires that the facts presented provide the only logical explanation for the crime - KEEP THIS IN MIND - 1997 CASE where lifchus was charged with fraud and faced trial by jury. The judge provided instructions to the jury regarding the definition of reasonable doubt. Lifchus appealed and argued that instructions were unclear and made the jury prejudice - Appeal allowed on the basis that the jury was given flawed instructions - Created a standardization for jury instruction, protection of the presumption of innocence, and the impact of appeals PINTEA V JOHNS - Self represented litigant who had failed to appear in court and did not comply with requirements (to show up to court) leading to certain decisions made against him (bias) - Pinetsa appealed arguing he had not been properly informed of his duties and that his responsibilities as a self representing litigant had been violated - Ruled in his favour following TINA FONTAINE - Tina Michelle Fontaine was a 15 year old girl from the Sagkeeng First Nations in Manitoba - Went missing in 2014 and was found wrapped in plastic duvet cover in the red river a month later - Her case takes into heavy consideration the effect of colonialism, importance of community and family, failure to help kids who are absences from school, lack of grief counseling for children who experience death of significant people - Also a catalyst for MMIWG in 2016 Shane - extrajudicial Sanctions  - Shane was a 16 year old indigenous guy who grew up with an absent parent, a depressed mother, and sister who was taken into the system and died 6 months later - After ending up in a gang he was once eventually taken to the police station where he was told to participate in EJS (extrajudicial sanctions) made for indigenous youth RvX - 16 yr old who shot his 15 yr old cousin after getting involved w drug trafficking - Prosecutor argued 16 y/o should be charged as an adult bc of another similar case, as well as psychological evidence he was at high risk for reoffending - Because the 16 y/o was african they considered it more reason as to why he should be sentenced as an adult - “Racialized status is a condition, a factor that can be reasonably understood to have influence one's behaviour” THEMES - ALL OF US - THEME 1 – CJS AS A CONTEXTUALIZED SOCIAL PROCESS – KJ - THEME 2 – CJS AS SOMEWHAT STANDARDIZED – STEF - THEME 3 – CJS AND INTERSECTIONALITY – STEF AND KJ - THEME 4 – CJS IS NOT A SILO – MAALIK - THEME 5 – JUSTICE –STEF INDIGENOUS LEGAL TRADITIONS - KJ Legal pluralism: “[…] Canada is a legally pluralistic state: civil law, common law, and indigenous legal traditions organize dispute resolution in our country in different ways.” It is bodies of social regulation that interact simultaneously or can work together. Conflicts of pluralistic states such as different values, different responses to the same issue, different cultures & customary decisions. Often how pluralism is put into practice is often embedded in power Examples of Legal Pluralism; Federalism; Hierarchies. International law. Indigenous Legal Traditions - "While Indigenous legal traditions have ancient roots, they can also speak to the present and future needs of all Canadians. They should not be just about, or even primarily about, the past. They contain guidance bout how to live peacefully in the present world" (Burrows, 2010, pg. 10) Burrows argues that Indigenous legal traditions are generally seen as something of the past; The indigenous idea of legal pluralism is very interconnected with life & has an entirely different framework in which lays of life are produced Indigenous legal traditions are referred to as Indigenous peoples own legal systems; such as laws & processes that are used to govern their relationships with land, people and so forth. - They rely primarily on oral transmission, non-state involvement in shaping what community members are expected to do or not do, the law is seen as integral to all aspects of life. - Impacted by settler colonialism. Sources of Indigenous Legal traditions (From Burrows 2010) He argues that there are five different sources of Indigenous legal traditions; He cautions us to see these five sources through interaction with each other. Involves the interaction of two or more of these sources. 1. Sacred; Creation stories and treaty relationships 2. Natural; Relationships with the natural world (Land, water, animals etc) 3. Deliberative: Talking circles, council meetings, people intentionally brought together to engage in conversation about a particular matter. 4. Positivistic; Proclamations, rules, expectations & regulations. 5. Customary: Marriages, family relationships & land claim agreements. TEXBOOK (OVERLAP W SLIDES WILL BE HIGHLIGHTED) - ALSO new highlight — this is for SLIDES ONLY — THIS IS BOTH SLIDES AND TXTBOOK — IF BLANK textbook only Chapter 1: Foundations of the Criminal Justice system - Law Versus Justice - Law is our set of formal rules which are created and enforced by the government in order to regulate behaviours - Justice: A concept based on morality, fairness, and the equality of all rights In both lect and textbook ^^ - Types of Canadian Law (Substantive v Procedural) - Substantive: Law which sets out the rights and obligations of each person in society - Including Civil law, branching out to Labour, Family, Tort, Property, and Contract law - Procedural: The legal processes that protect and enforce the rights set out in substantive law - Including Public law, branching out into subsections such as constitutional, administrative, and criminal law - Common Law: Law based on custom, tradition, and practice and is generally unwritten - Precedent: Judicial decision which may be used as a standard in similar cases following the one where the initial judicial decision was made - Case Law: Law established by previous court decisions and is based upon the rule of precedent - Stare Decisis: Principle by which the higher courts set precedents that lower courts must follow - Statute Law: Written laws that have been enacted by a legislative body (Ex. Parliament of Canada) - Criminal Law: Body of law which deals with conduct considered so harmful it is prohibited by statute and prosecuted and punished by the government. - What is a Crime? - Defined in the textbook as: An act or omission that is prohibited by criminal law - Mentions actus reus and mens rea idk if its relevant but just in case - Actus Reus: guilty act - Mens Rea: guilty mind - Social Construction of Crime: Notion that the legal status of behaviours is not determined by the behaviour itself but is the result of the social response to the behaviour In both lect and textbook ^^ Writing this out to make it easier to look at - Actus non facit reum nisi mens sit rea: An act does not make a person guilty unless they have a guilty mind - Lowkey this meaning mentioned actus reus and mens rea so just keep that in mind - Nullum crimen sine lege, nulla poena sine lege: No crime without a law, no punishment without a law – This rule cannot be changed during prosecution, nor can they be applied to cases prior (retroactively) - Ignorantia juris non excusat: Ignorance of the law is no excuse - Nemo tenetur seipsum accusare: No one is compelled to incriminate themselves - Right to remain silent, if forced to make a confession, it will not be counted as valid in a court case. - Nemo debet bis vexari pro eadem causa: no one should be tried twice for the same crime, aka no double jeopardy. This is applicable under MOST circumstances - Diff from america Rule of Law and Criminal Code - Rule of law: the requirement that governments and people are subjected to and expected to abide by law - Criminal Code: Federal legislation which sets out criminal laws, procedures for prosecuting offences and sentences and procedures for the administration of justice WEEK FOUR – CHAPTER 2 Crime Control and Due Process – Models of criminal Justice  - Crime Control: A criminal justice orientation where the protection of the community and apprehension of offenders are the most important thighs - Retribution, deterrence, compliance, incapacitation, certainty, and swiftness - Due Process: Criminal justice orientation where the legal rights of individual citizens, as well as criminal suspects are more important - Constitution Act of 1867: the legislation setting out the division of responsibilities between federal and provincial government - Restitution: restoration of smth lost or stolen to its owner - Restitution order: an order to pay money to the victim of a criminal offence - Canadian Victims Bill of Rights 2015 (Section 16 and 17) - 16 Every victim has the right to have the court consider making a restitution order against the offender. - 17 Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender. - Rehabilitation: Iron law of imprisonment (reintegration) - Restorative Justice: a problem solving approach to responding to offenders based on the principle that criminal behavior injured victims, communities, and offenders and that all of these parties should be involved in efforts to address the causes of the behaviour and its consequences In both lect and textbook ^^ Beyond a Reasonable Doubt: The standard which must be met in order to convict a defendant in a criminal case - Requires that the facts presented provide the only logical explanation for the crime Adversarial Sytem: System of justice based on two opposing sides (defence and prosecution) arguing the guilt or innocence of a person before a judge or jury Discretion: The power or right to decide or act according to ones own judgment - Informed by - Seriousness of act - Priorities and beliefs - Individuals (suspects) demeanor - Local priorities Public understanding How much does crime and the criminal justice system really cost - ALL ABOVE are in both lect and textbook ^^^^^ WEEEEEK 5 CHAPTER 13 BABY — keep in mind we need to know the order Young Offender Leglislation from 1908-Now Juvenile Delinquents Act 1908 (JDA) - Legislation centered on a social welfare approach to youth crime which gave judges a good amount of discretion to intervene of the lives of youth offenders - National level youth strategy - Focus on rehabilitation and treatment - Major Issues: - JDA about responding to crime or something else (it was a response to child welfare) - No definition of Youth (no lower age limit) - Access to justice: many young people did not have access to a lawyer = no rights being protected Young Offenders Act 1984-2003 - Legislation which attempted to balance the protection of young offenders special needs and legal rights and freedoms with the protection of the public, while ensuring young offenders would be held accountable - Focus on youth criminality: we want to do this through accountability and public safety - Coordination with the Charter Section 7: Guarantees life liberty and personal security of all canadians  - As well as Section 11: Every accused person is entitled to know the nature of the allegation against them so they can make an informed decision - Major issues - Max sentence of 3 yrs - Overuse of incarceration and limited community based alternatives Youth Criminal Justice Act (YCJA) 2003 onward - The current legislative framework for the youth justice system, applying to people aged 12-17 - One of its key principles is the use of extrajudicial measures for less serious offences to reduce the rates of incarceration of young offenders - Three Tiered System - Extrajudicial measures and extrajudicial sanctions - Measure: focus on police and crown council to diverte to admit responsibility for less serious offences - Sanction: more formal type of extrajudicial measure that can be applied outside of formal court process “you must do XYZ” from court - Intermediate sanctions - For youth who are not first time offenders, nor serious offenders - Adults sentences for serious and violent youth offenders - State and political discourses - “Tough on crime” vs deterrence and culpability - Amended in 2012 - More severe punishments for serious youth crimes (14+) - Definition of an offence that doesn't JUST include murder - Revisions to publication bans - Before this, young offenders had their names concealed. Now, if there is a threat to the public, judges can choose to release names. - Amended in 2019 - Different response to AOJO (Administration of Justice Offences) - Crossover Youth: Youth involved in both child protection and youth justice system - ExtraJudicial Sanctions: more formal type of EJM applied outside of formal court process for youth involved in more serious crime, requiring attendance of counseling, apologizing to victims, community service, and restorative justice programs to promote healing MAJOR DIFFERENCES BETWEEN YOUTH AND ADULTS GOING THROUGH THE CJS ARE - Try to avoid youth going to court as much when possible - Youth privacy protected - Most youth can get away w/o a criminal record - Mandatory supervision of youth - Parents must be notified - Max probation is 2 yrs for youth - Must try to find alternatives to the formal court process - Maximum time in custody is 6 yrs REVIEW THE TWO TABLES ABOVE FOR THE LAST FOUR FIGURES, COMPARE HOW TABLE 13.1 AND TABLE 13.2 DIFFER FROM TABLE AND FIGURE 2.1 FIGURES 2.1 and 13.1 (overview, the big one): With youth there are many more EJS put in place in comparison to adults, as well as less sentencing conditions for youth too since there is a limit to 6 years for youth chargers. More focus on trying to rehabilitate youth than sentence them TABLE 2.1 and table 13.2: Youth justice systems go more by the due process model than the crime control model CHAPTER 4 AND 6 FOR WEEK 8 Political Policing: Secretive police investigative activities and surveillance of persons and groups that are deemed to be a threat to the stability and status quo of the state Social Contract Perspective: A perspective that considers the police to be a politically neutral (my ass) force that acts primarily to enforce the law and protect the public Radical Perspective: A perspective which views the police as an instrument used by governments and powerful interest to suppress dissent, stifle protest, and help maintain the status quo Community Policing: A Philosophy of policing centered on police community partnership and problem solving - Main goals are prevention, problem solving, and partnership with community Zero Tolerance Policing: Crime response strategy centered on the premise that a strict order maintenance approach by police will reduce more serious criminal activity Problem Oriented Policing: Tactical strategy based on the idea that the police should address the causes of recurrent crime and disorder Underpolicing: Inadequate police response for reasons tied to the group the person comes from Crime Displacement: The reallocation, as a result of effective crime response initiatives of criminal activity from one locale to another Primary Crime Prevention Programs: Programs which identify opportunities for criminal offences and alter those conditions to reduce the likelihood that a crime will be committed Secondary Crime Prevention Programs: Programs that focus on areas that produce crime and disorder Tertiary Crime Prevention Programs: Programs designed to prevent the recurrence of criminal behaviour Contract Policing: arrangement where the RCMP and provincial police forces provide provincial and municipal policing services CHAPTER 5 – WEEK 9 — LAST CHAPTER Principle of Accountability: The actions of policing individuals or agencies are subject to review, individuals can use formal channels to lodge complaints against policing bodies Procedural Justice Policing NEUTRALITY Decisions are unbiased and guided by transparent reasoning RESPECT All are treated with respect and dignity, officers treat individuals with politeness and dignity TRUST Decision makers convey trustworthy motives about those impacted by their decisions PARTICIPATION All are given a chance to tell their side of the story, and is taken into account prior to decision making Police Acts: Legislative framework for police service Policing Standards: Provisions set out how police services are to be maintained and delivered Police Boards and Police Commissions: Bodies that provide oversight of the police (these are on figure 5.1 idk i figured it would be best to put them)