Criminal Justice in Canada: Chapter 1 Overview

Learning Objectives

• Outline major components of the Canadian criminal justice system.
• Explain social control and its relation to crime regulation.
• Differentiate definitions of crime.
• Summarize normative components of the Canadian criminal justice system.
• Outline the rule of law components.
• Summarize Canadian criminal justice ideologies and their goals.
• Summarize key decision points of formal and informal criminal justice systems.
• Describe discrimination types in the criminal justice system.

Overview of the Canadian Criminal Justice System

• Components: Issues, agencies, and practices in the criminal justice system.
• Purpose: Response to criminal law violations and appropriate punishments.
• Expectations:
  • Follow rule of law.
  • Uphold legal rights and equality.
  • Ensure truth and justice.
  • Avoid wrongful punishments and inaccuracies.
• Challenges: Mandatory minimum sentences, trial delays, crime underreporting, need for alternative justice approaches.
• Justice Methods: Ensure equally treated justice system.

Canadian Criminal Justice System Structure

• Major Elements: Police, courts, corrections.
  • Police: Investigate crimes, collect evidence, arrest suspects.
  • Courts: Adjudicate, determine guilt and punishment.
  • Corrections: Manage punishment post-conviction.
• Types of Police Agencies:
  • Municipal, provincial, federal levels.
  • RCMP involvement.

Courts in Canada

• Provincial/Territorial Courts
  • Various specialized divisions.
  • Handle majority of criminal cases.
• Superior Courts: Hear serious offences.
• Supreme Court of Canada: Highest authority.

Corrections

• Responsibility: Split between provincial and federal.
  • Under two years: Provincial responsibility.
  • Two years or more: Federal responsibility.

Crime Definitions and Regulation

• Definitions of Crime:
  • Legal: Violates Criminal Code.
  • Social norms: Violates societal norms.
  • Social constructionist: Defined by those with power.
• Changes in Law: E.g. medical assistance in dying.

Social Control

• Function: Organized reaction to behaviour that violates criminal law.
• Systems: Police, courts, corrections.

Adversarial System

• Components:
  • Prosecutor represents state.
  • Trial by impartial judge.
  • Search for truth and fairness.

Substantive vs. Procedural Justice

• Substantive Justice: Correctness of legal outcomes.
• Procedural Justice: Fair processes and legal rights protection.

Rule of Law

• Principles:
  • Law applies to all.
  • Government under law.
  • Fair and clear legal processes.

Access to Justice

• Equality: Right to fair legal processes.
• Components: Legal aid, public interest law, informal justice.

Major Ideologies of Canadian Criminal Justice

• Models:
  • Due Process: Legal rights and fairness.
  • Crime Control: Crime reduction and efficiency.
  • Medical Model: Rehabilitation focus.
  • Bureaucratic Model: Efficiency within constraints.
  • Punitive/Non-Punitive Models: Victims' rights and restorative justice.

Key Decision Points in Criminal Justice Process

• Arrest: With/without warrant, based on evidence and public interest.
• Detention and Bail: Decision on pre-trial custody and release.
• Trial Procedure: Initial appearance, arraignment, plea, trial, sentencing.
• Sentencing Options: Fines, incarceration, probation, parole.

Informal Criminal Justice System

• Models:
  • Wedding Cake Model: Hierarchical case processing.
  • Courtroom Workgroup: Emphasizes informal processes and negotiations.

Discrimination in the Criminal Justice System

• Types:
  • Systemic: Across the entire system.
  • Institutionalized: Based on established policies.
  • Contextual: Within specific organizational contexts.
  • Individual: Discrimination by individuals in the system.

Critical Issues

• Discrimination Against LGBTQ2+: Historical injustices and federal apology.
• Transgender Rights: Legal protections and challenges.

Key Points Summary

• Criminal law is not static; it evolves.
• Social control is a key objective.
• Normative approach includes rule of law and justice models.
• Importance of procedural and substantive justice.
• Several models describe criminal justice ideologies.
• Discrimination and disparate treatment exist in the system.

Additional Resources

• Case studies and legislative references.
• Suggested readings and online resources for further understanding of issues like assisted dying and discrimination.