Module One: Overview of the Canadian

CJS

CRIM 2304: Canadian Criminal Justice

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Contents

1. Tenets & principles of the Canadian CJS

2. Division of government powers vis a vis the CJS

3. Five main CJ “institutions”

4. Process within the Canadian CJS

5. Weaknesses & limitations of the CJS2

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The CJS: An Overview

A state-run system of formal social control/order maintenance

Six Tenets:

• Justice*• Deterrence• Punishment• Protection• Rehabilitation• Reintegration*

* Main principles of Canadian CJS

CJS Division of Powers

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Five main CJ Branches

1. Legislative: Criminal law / Criminal Justice Policy Making

2. Police

3. The Criminal Courts

4. Corrections

5. Parole

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Criminal Law & Criminal Justice Policy Making

Federal Government (parliament) is responsible for writing & enacting criminal laws in Canada

Summary vs. indictable offences

Criminal statutes: – Criminal Code of Canada– Controlled Drugs & Substances Act– Youth Criminal Justice Act– Anti-Terrorism Act

Other criminal justice policies enacted by federal & provincial governments, as well as criminal justice agencies

Canadian criminal laws & legal system is common law

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Police

Municipal Police– 67% of all police

Provincial Police– Ontario, Quebec,

Newfoundland RCMP

– Federal statutes– “Contract

Policing”

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Criminal Courts

Lower Courts– A.k.a. provincial courts– Deal with most cases

Superior Courts– Trial Division: serious cases– Appeals Division (appeals from lower

courts) Appeal Courts

– Hears appeals from superior court Supreme Court of Canada

– Final appellate court

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Corrections

Federal: Correctional Services Canada– 2 years or more

Provincial corrections – Less than 2 years

Community supervision – Parole, probation,

statutory release, temporary absences

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Parole

Reintegration into society National Parole Board

– Makes parole decisions for federal offences and all parole decisions in provinces other than Ontario, Quebec, B.C.

Provincial Parole Boards– B.C., Ontario, Quebec– Makes parole decisions for provincial

inmates

Process within the Canadian CJS

Source: Public Safety Canada, http://www.publicsafety.gc.ca/csc-scc/report-rapport/bckgrnd-eng.aspx

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Law Enforcement

Arrest– With or without a warrant– Probable cause

Appearance notice– Issued by police on the spot

Summons– By justice of the peace

Detention prior to trial– Discretion (of police and later judge)

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Criminal Trial

Arraignment (charges read) Preliminary inquiry

Optional for indictable offenses to determine if there is enough evidence to proceed

Followed by indictment Bail hearing Trial

Mostly by judge only May elect jury trial in serious cases Proof: guilt beyond a reasonable doubt

Sentencing trial

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Sentencing

Sentencing trial

Judge has many choices:– Probation, incarceration, suspended sentence, fine,

house arrest

Sentencing judge has discretion: takes into consideration pre-sentence reports, victim impact statements, mitigating/aggravating factors

However, some crimes have mandatory minimum sentences (e.g., first degree murder)

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Sanctions/Corrections

Incarceration: Provincial or federal correctional institution

Alternatives: – Probation– Community supervision– Treatment programs– Restitution

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Parole

Temporary absence– Medical treatment, compassionate (death, birth)

counseling, decision made by prison official Day parole

– Short periods, prepare for full parole, school, work, etc.

– Eligibility starts 6 months before full parole Full parole

– Apply after 1/3 of sentence is completed Statutory release

– 2/3 of sentence expired, may be denied by parole board

Lifers – No chance of parole for 25 years

Challenges, Limitations & Weaknesses of the CJS

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Challenges facing the Canadian CJS

Balancing the due process rights of the accused with the collective security of society as a whole

Crime becoming increasingly complex and multi-jurisdictional; some investigations and trials are very expensive

Increasingly multi-cultural society CJS is vulnerable to budget cuts CJS must battle against the sensationalized and “if-it-

bleeds-it-leads” emphasis of the media Police need to involve & inform the public, but at what

costs in terms of their safety and privacy of offenders (& victims)

Victims traditionally left out of the process

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Critiques of the CJS

The Criminal Justice System: is unable to cope with the actual quantity of crime fails to identify many criminal offenders and bring

them to justice fails to rehabilitate those offenders who are identified

by the criminal justice system fails to address the underlying factors associated with

crime and criminality may in fact promote crime through corrections system discriminates against (visible) minorities is insufficiently resourced, contributing to “lack of

justice”

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The Crime Funnel

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15

22

34

100

200

Custody

Convicted

Charged

Cleared

Actual

Reported

% of total offenses

Criminal cases

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Attrition of Cases

Many offences are not detected Victims may not report offences to the

police Some cases are not recorded as crimes by

police No suspect is identified Suspect may not be charged Charges may be withdrawn by victim or

prosecution Suspect may plead guilty following plea

bargaining Judge may dismiss case at preliminary

hearing due to lack of evidence