Criminal justice in Canada [Eighth edition.] 9780176796044, 0176796045

Table of contents :
An overview of the criminal justice system in Canada --
Criminal law and criminal justice in Canada --
Control philosophy and criminal justice policy --
Crime rates, crime trends, and criminal victimization in Canada --
The context of policing --
The practice of policing --
The police and the law --
Pretrial criminal procedure --
The courts and criminal trial procedure --
Sentences and dispositions --
Offenders supervised in the community : alternative santions and conditional release programs / with contributions by Kimberly Ducey --
Corrections in Canada : history, facilities, and populations / with contributions by Kimberly Ducey --
Community reintegration / with contributions by Kimberly Ducey.

Citation preview

EIGHTH EDITION

EIGHTH EDITION

IN

ANADA

Colin Goff University of Winnipeg

NELSON Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.nelson.com to search by ISBN#, author, title, or keyword for materials in your areas of interest.

NELSON Criminal Justice in Canada, Eighth Edition

by Colin Goff

VP, Product Solutions, K-20:

Production Project Manager:

Higher Education Design PM:

Claudine O'Donnel l

Shannon Martin

Pamela Johnston

Director, Qualitative Publishing:

Production Service:

Interior Design:

Jackie Wood

SPi Global

Deborah Brock

Publisher:

Copy Editor:

Cover Design:

Leanna Maclean

Kel li Howey

Deborah Brock

Content Manager:

Proof reader:

Cover Image:

Gail Brown

SPi Global

chapay/Getty Images

Photo and Permissions Researcher:

Indexer:

Art Coordinator:

Natalie Barrington

SPi Global

Suzanne Peden

Rights Project Manager:

Design Director:

Compositor:

Danie la Glass

Ken Phipps

SPi Global

COPYRIGHT© 2020, 2017 by Nelson

ALL RIGHTS RESERVED. No part of

Education Ltd.

this work covered by the copyright herein may be reproduced, transcribed, or used in any form or by any means-graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, or information storage and retrieval systems-without the written permission of the publisher.

Library and Archives Canada Cataloguing in Publication Data

Printed and bound in Canada 1 2 3 4 22 21 20 19 For more information contact Nelson Education Ltd., 1120 Birchmount Road, Toronto, Ontario, M 1K 5G4. Or you can visit our Internet site at nelson.com Cognero and Ful l-Ci rcle Assessment are registered trademarks of Madeira Station LLC.

For permission to use material from this text or product, submit all requests online at cengage.com/permissions. Further questions about permissions can be emailed to [email protected]

Title: Criminal justice in Canada I Colin Goff, University of Winnipeg. Names: Goff, Colin H. (Colin Harford), 1949- author. Description: Eighth edition. Identifiers: Canadiana 2019004912X I ISBN 9780176796044 (softcover) Subjects: LCSH: Crimina l justice, Administration of-CanadaTextbooks. I LCGFT: Textbooks. Classification: LCC HV9960.C2 G63 2019 I DDC 364.971-dc23 ISBN-13: 978-0-17-679604-4 ISBN-10: 0-17-679604-5

Every effort has been made to trace ownership of all copyrighted material and to secure permission from copyright holders. In the event of any question arising as to the use of any material, we wi ll be pleased to make the necessary corrections in future printings.

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

To Sarah, whose kindness and support will always be remembered, and to Buddy and Robley, for their continued encouragement.

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

• ••

Ill

ABOUT THE AUTHOR Colin Go.ff received his M.A. in sociology from the University of Calgary and his Ph.D. from the University of California (Irvine). He has taught at Simon Fraser University, the University of New Brunswick (Fredericton), and the University of Winnipeg. At the University of Winnipeg, he was Chair of Sociology and won the Clifford J. Robson Memorial Award for Teaching Excellence. His areas of research include all aspects of the criminal justice system as well as corporate and white-collar crime, the history of criminology, and Indigenous justice. In addition to Criminal justice in Canada, he has published Corporate Crime in Canada (with C. Reasons) and Corrections in Canada. He has also published many articles on the work of Edwin H. Sutherland (many with Gilbert Geis), on the development of criminology as a discipline in the early 20th century, and on corporate crime in Canada. He is currently studying life course criminology and the sentencing of white-collar criminals in Canada, as well as the development of the discipline of criminology in the United States during the early 20th century. With the assistance of Gilbert Geis, he has published manuscripts on Edwin H. Sutherland, Thorsten Sellin, and the Michael-Adler Report .

•

IV

Criminal Justice in Canada

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

PREFACE xix CHAPTER 1

AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN CANADA 1

CHAPTER 2

CRIMINAL LAW AND CRIMINAL JUSTICE IN CANADA 36

CHAPTER 3

CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 73

CHAPTER 4

CRIME RATES, CRIME TRENDS, AND CRIMINAL VICTIMIZATION IN CANADA 111

CHAPTER 5

THE CONTEXT OF POLICING

143

CHAPTER 6

THE PRACTICE OF POLICING

172

CHAPTER 7

THE POLICE AND THE LAW

CHAPTER 8

PRETRIAL CRIMINAL PROCEDURE

CHAPTER 9

THE COURTS AND CRIMINAL TRIAL PROCEDURE

200

CHAPTER 10 SENTENCES AND DISPOSITIONS

232 262

291

CHAPTER 11 OFFENDERS SUPERVISED IN THE COMMUNITY: ALTERNATIVE SANCTIONS AND CONDITIONAL RELEASE PROGRAMS 321

With contributions by Kimberley Ducey CHAPTER 12 CORRECTIONS IN CANADA: HISTORY, FACILITIES, AND POPULATIONS 359

With contributions by Kimberley Ducey CHAPTER 13 COMMUNITY REINTEGRATION

401

With contributions by Kimberley Ducey GLOSSARY 435 INDEX 443 Online Chapter: Contemporary Issues in the Canadian Criminal Justice System

NEL

Brief Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

v

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

PREFACE xix Highlights of the Eighth Edition Instructor Resources xxii Student Ancil laries xxiii

xx

Acknowledgments xxiii KEY FEATURES xxiv

CHAPTER 1

AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN CANADA 1

THE CANADIAN CRIMINAL JUSTICE SYSTEM 3 The Major Components of the Canadian Criminal Justice System 3 WHAT IS CRIME AND HOW IS IT REGULATED IN CANADA? 5 What Is Crime? 5 Social Control 7 THE NORMATIVE FRAMEWORK OF OUR CRIMINAL JUSTICE SYSTEM The Adversarial System 8 Substantive and Procedural Justice 8

8

The Ru le of Law 9 THE MAJOR IDEOLOGIES OF CANADA'S CRIMINAL JUSTICE SYSTEM 12 What Is Criminal Justice? 15 KEY DECISION POINTS OF THE CRIMINAL JUSTICE PROCESS 16 Pretrial Criminal Procedure 16 Tria l Procedure 19 Sentencing 20 Incarceration 20 THE INFORMAL ORGANIZATION OF THE CANADIAN CRIMINAL JUSTICE SYSTEM 21 Disparity 24 Discrimination 24 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: ANTI-TERRORISM LAWS: CRIME CONTROL OR DUE PROCESS? 27 SUMMARY 31 KEY POINTS 31 KEY WORDS 31 CRITICAL THINKING QUESTIONS 32 WEBLINKS 32 COURT CASES 33 SUGGESTED READINGS 33 REFERENCES 33

CHAPTER 2

CRIMINAL LAW AND CRIMINAL JUSTICE IN CANADA

THE MAJOR CATEGORIES OF THE CRIMINAL LAW Substantive and Procedural Criminal Law 37 Sexual Assault Legislation 37

NEL

36

36

Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

••

VII

CRIMINAL LIABILITY AND THE LEGAL ELEMENTS OF A CRIME Legality 41 Mens Rea 42 Actus Reus 42 Harm 43 Causation 45 Punishment 45 LEGAL DEFENCES AND THE LAW 46 Excuse Defences 46 Justification Defences 48 THE SOURCES OF THE CRIMINAL LAW IN CANADA Written Sources of the Criminal Law 51

41

51

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS 52 The Investigation of Crime and the Charter 54 The Criminal Trial, Punishment, and the Charter 58 Equality, Remedies, and the Fundamental Principles of Justice 59 CLASSIFICATIONS OF CRIMINAL OFFENCES 61 Summary Conviction, Hybrid Offences, and Indictable Offences 61 DUE PROCESS, CRIME CONTROL, AND THE CRIMINAL JUSTICE SYSTEM Criminal Law Reform in Canada: Spanking 63 Criminal Law Reform in Canada: The Safe Streets Act 63

62

CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: SHOULD HIV NONDISCLOSURE BE DECRIMINALIZED? 65 SUMMARY 67 KEY POINTS 67 KEY WORDS 67 CRITICAL THINKING QUESTIONS 68 WEBLINKS 68 COURT CASES 68 SUGGESTED READINGS 70 REFERENCES 70

CHAPTER 3

CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 73

THE EXTENT OF AND RESPONSE TO SEXUAL OFFENDING IN CANADA 74 ACHIEVING JUSTICE: CRIME CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 75 THE JUSTICE MODEL 76 History 76 The Criminal Sanction 76 The Operations of a Justice Model-Based Criminal Justice System 79 DETERRENCE 79 History 79 The Criminal Sanction 80 The Operations of a Deterrence-Based Criminal Justice System

•••

VIII

Criminal Justice in Canada

81

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

SELECTIVE INCAPACITATION 83 History 83 The Criminal Sanction 84 The Operations of a Selective Incapacitation-Based Criminal Justice System 87 THE REHABILITATION APPROACH 88 History 88 The Criminal Sanction 88 The Operations of a Rehabilitation-Based Criminal Justice System 88 INDIGENOUS AND RESTORATIVE JUSTICE SYSTEMS: AN INTRODUCTION 91 INDIGENOUS JUSTICE SYSTEMS 91 Models of Indigenous Justice Systems 92 RESTORATIVE JUSTICE 96 History 96 Restorative Justice Sanctions 97 The Operations of a Restorative Justice-Based Criminal Justice System 98 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: SHOULD INFORMATION ABOUT SEX OFFENDERS BE MADE PUBLIC? 100 SUMMARY 103 KEY POINTS 103 KEY WORDS 104 CRITICAL THINKING QUESTIONS 104 WEBLINKS 105 COURT CASES 105 SUGGESTED READINGS 105 REFERENCES 105

CHAPTER 4

CRIME RATES, CRIME TRENDS, AND CRIMINAL VICTIMIZATION IN CANADA 111

OFFICIAL CRIME STATISTICS 113 Pol ice-Reported Crime Statistics 114 The Official Crime Reporting System 114 What Victims Say: Victimization Data 118 CRIME IN CANADA 121 The Most Common Police-Reported Crimes Correlates of Crime 121 The Declining Crime Rate 123

121

CRIMINAL VICTIMIZATION IN CANADA 124 Trends and Patterns of Victimization: The General Social Survey 1988-2014 124 Victim izations Not Reported to the Police 125 Self-Report Surveys 127 Ethnographic Research 127 TRENDS AND PATTERNS OF SELECTED CRIMES IN CANADA: CRIMES AGAINST THE PERSON 128 Homicide 128 Sexual Assault 131

NEL

Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

•

IX

Assault 131 Forcible Confinement

131

TRENDS AND PATTERNS OF SELECTED CRIMES: CRIMES AGAINST PROPERTY Breaking and Entering 133 Theft 133 Motor Vehicle Theft 134 Other Criminal Code Offences 134

133

CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: UNFOUNDED SEXUAL ASSAULTS 135 SUMMARY 138 KEY POINTS 138 KEY WORDS 138 CRITICAL THINKING QUESTIONS 138 WEBLINKS 139 COURT CASES 139 SUGGESTED READINGS 139 REFERENCES 139

CHAPTER 5

THE CONTEXT OF POLICING

THE EMERGENCE OF POLICING 144 The Principle of Policing by Public Consent

143

145

The Early Canadian Policing Experience 147 THE RISE OF MUNICIPAL POLICING 148 PLURAL POLICING 150 THE ORGANIZATION OF THE PUBLIC POLICE IN CANADA Diversity within Canadian Police Organizations 155 Women and Policing 157 Indigenous (First Nations) Police Services 158

155

THE POLICE CULTURE 161 The Police Personality 162 The Working Personality of Police Officers 163 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: EXPENDING THE ROLE OF DNA DATA BANKS 165 SUMMARY 166 KEY POINTS 166 KEY WORDS 167 CRITICAL THINKING QUESTIONS 167 WEBLINKS 168 COURT CASE 168 SUGGESTED READINGS 168 REFERENCES 168

CHAPTER 6

THE PRACTICE OF POLICING

172 THE PROFESSIONAL MODEL OF POLICING: THE REACTIVE APPROACH CRIMINAL INVESTIGATIONS 175 Preliminary Investigations 175 Follow-Up Investigations 176

x

Criminal Justice in Canada

173

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

CHANGES IN THE PROFESSIONAL MODEL OF POLICING Does Random Preventive Patrol Deter Crime? 178

178

Does Rapid Response Deter Criminals? 179 Do Reactive Investigations Solve Crimes? 179 Experimenting with Alternative Forms of Police Patrols 179 POLICING IN MODERN SOCIETY: THE EMERGENCE OF PROACTIVE POLICING Hot Spots Patrol 181 The Broken Windows Model 182 Problem-Oriented Policing 183 Community Policing 183 Intelligence-Led Policing 187 Zero Tolerance Policing 188

181

Predictive Policing 189 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: INDIVIDUALS WITH MENTAL DISORDERS AND CONTACT WITH THE POLICE 192 SUMMARY 195 KEY POINTS 195 KEY WORDS 195 CRITICAL THINKING QUESTIONS 196 WEBLINKS 196 SUGGESTED READINGS 196 REFERENCES 196

CHAPTER 7

THE POLICE AND THE LAW

200

ARRESTS 202 Arrest with a Warrant 203 Arrest without a Warrant 203 SEARCH AND SEIZURE 204 Searches Incident to an Arrest 205 Warrantless Searches in Motor Vehicles 205 The Doctrine of Plain View 206 Warrantless Searches in Exigent Circumstances

206

Consent Searches 207 INTERROGATIONS 209 Jail house Interrogations 210 POLICE AND THE USE OF FORCE 214 Deadly Force Used by Police Officers 215 Deadly Force Used against Police Officers 216 Pol ice Misconduct 216 "Problem" Police Officers: Early Warn ing Systems 217 Pol ice Accountability: The Role of Citizen Oversight 219 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: RACIAL PROFILING AND THE POLICE: VEHICLE STOPS AND STREET CHECKS (CARDING) 223 SUMMARY 225 KEY POINTS 225 KEY WORDS 226 CRITICAL THINKING QUESTIONS

NEL

226 Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

•

XI

WEBLINKS 227 COURT CASES 227 SUGGESTED READINGS REFERENCES 228

CHAPTER 8

228

PRETRIAL CRIMINAL PROCEDURE

COMPELLING RELEASE AND COMPELLING APPEARANCE Conditional Release 233

232 233

Appearance in Court 236 LEGAL AID 239 Funding Legal Aid 240 Types of Legal Aid 241 PROSECUTORIAL SCREENING 242 The Right to Disclosure 243 The Preliminary Inquiry 245 Types of Pleas 247 Plea Bargaining 247 THE RIGHT TO A SPEEDY TRIAL AND ITS IMPACT ON THE CRIMINAL COURTS 249 A Stay of Proceedings 249 THE JURY 250 The Right to a Jury Trial 252 Jury Selection 252 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: THE RIGHT TO BE TRIED IN A TIMELY MANNER: R. \I. JORDAN 255 SUMMARY 257 KEY POINTS 257 KEY WORDS 257 CRITICAL THINKING QUESTIONS 258 WEBLINKS 258 COURT CASES 258 SUGGESTED READINGS 259 REFERENCES 259

CHAPTER 9

THE COURTS AND CRIMINAL TRIAL PROCEDURE

MODELS OF THE CRIMINAL COURTS 263 The Due Process Model 264 The Crime Control Model 264 The Bureaucratic Model 265 The Organization of the Canadian Criminal Courts 265 THE COURT SYSTEM 267 The Operation of the Court System 268 The Daily Business of the Courts 269 WHAT LEGAL RIGHTS EXIST IN CRIMINAL TRIALS? The Presumption of Innocence 275 The Right of the Accused to Confront the Accuser 275

••

XII

Criminal Justice in Canada

262

275

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

The Right to a Public (Open) Trial Publication Bans 276

275

CRIMINAL TRIAL PROCEDURE 278 The Opening Statement 278 Tria l Evidence 280 The Defence Lawyer's Presentation of Evidence The Closing Arguments 281 The Charge to the Jury 281 Jury Deliberation and the Verdict 281

281

APPEALS 282 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: JUDICIAL INDEPENDENCE AND THE MANDATORY VICTIM SURCHARGE 284 SUMMARY 285 KEY POINTS 285 KEY WORDS 286 CRITICAL THINKING QUESTIONS 287 WEBLINKS 287 COURT CASES 287 SUGGESTED READINGS 288 REFERENCES 288

CHAPTER 10 SENTENCES AND DISPOSITIONS THE PHILOSOPHICAL RATIONALES OF SENTENCING Deterrence 292 Selective Incapacitation 292 Rehabilitation 293 The Justice Model 293 Healing 294 Restoration 294 SENTENCING IN CANADA 295 Sentencing Patterns in Canada 295 Sentencing Law in Canada 298 HOW DO JUDGES DECIDE ON A SENTENCE? Sentencing Circles 304

291

292

302

MISCARRIAGES OF JUSTICE: WRONGFUL CONVICTIONS 306 Eyewitness Error 307 Forensic Errors 307 Pol ice and Prosecutorial Misconduct 308 SENTENCING REFORMS 308 Mandatory Minimum Sentences in Canada 309 VICTIM PARTICIPATION IN SENTENCING 311 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: MANDATORY MINIMUM SENTENCING LAWS FOR FIREARMS-RELATED OFFENCES: DO THEY ACHIEVE THEIR GOALS?

NEL

313

Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

•••

XIII

SUMMARY 315 KEY POINTS 315 KEY WORDS 316 CRITICAL THINKING QUESTIONS WEBLINKS 317 COURT CASES 317 SUGGESTED READINGS 317 REFERENCES 317

316

CHAPTER 11 OFFENDERS SUPERVISED IN THE COMMUNITY: ALTERNATIVE SANCTIONS AND CONDITIONAL RELEASE PROGRAMS 321 COMMUNITY RELEASE UNDER ATTACK "Nothing Works" 323

323

PROBATION 324 The Use of Probation as a Sanction 325 Who Is Eligible for Probation? 325 THE CONDITIONAL SENTENCE OF IMPRISONMENT The Impact of Conditional Sentences 329 INTERMEDIATE SANCTIONS 330 Intensive Supervision Probation 331

327

Home Confinement and Electronic Monitoring 332 Fines 334 The Impact of Intermediate Sanctions 337 CONDITIONAL RELEASE PROGRAMS 339 The Effectiveness of Conditional Release Programs 343 Recidivism Rates of Conditional Release Programs 343 PROBLEM-SOLVING COURTS 346 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: COMMUNITY JUSTICE SUMMARY 352 KEY POINTS 352 KEY WORDS 352 CRITICAL THINKING QUESTIONS 353 WEBLINKS 353 COURT CASE 353 SUGGESTED READINGS 353 REFERENCES 354

350

CHAPTER 12 CORRECTIONS IN CANADA: HISTORY, FACILITIES, AND POPULATIONS 359 THE DEVELOPMENT OF THE MODERN PRISON 361 European Antecedents to the Modern Prison 362 A Brief History of Federal Correctional Facilities in Canada 363 A Brief History of Federal Correctional Facilities for Women 365 A Brief History of Federal Correctional Facilities for Indigenous People 367

•

XIV

Criminal Justice in Canada

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

THE ROLE OF CORRECTIONAL FACILITIES IN CANADA Securing Inmates 371

371

Housing and Supervising Inmates 373 PRISON POPULATIONS IN CANADA 374 Women Inmates 375 Indigenous Inmates 375 Black Inmates 376 THE PRISON ENVIRONMENT Prison Life 378

378

Inmate Society 379 Prison Violence 381 Suicide in Prison 382 Gangs in Prison 384 RULE OF LAW IN PRISON: PRISONERS' RIGHTS, DUE PROCESS,AND DISCIPLINE

385

The Duty to Act Fairly 387 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: THE ISSUE OF SOLITARY CONFINEMENT (ADMINISTRATIVE SEGREGATION) 389 SUMMARY 392 KEY POINTS 392 KEY WORDS 393 CRITICAL THINKING QUESTIONS 393 WEBLINKS 394 COURT CASES 394 SUGGESTED READINGS 394 REFERENCES 395

CHAPTER 13 COMMUNITY REINTEGRATION REINTEGRATION APPROACH 402 The Theory of Risk Assessment 404 The Case Management Process 407 The Integrated Correctional Program Model 407 THE PAROLE BOARD OF CANADA 410 Risk of Recidivism 411 Risk Assessment 412 REENTRY INTO SOCIETY AND DESISTANCE FROM CRIME Gender and Reentry into Society 417 Race and Reentry into Society 418 CORRECTIONS: THE OLDER INMATE THE ''FAINT HOPE'' CLAUSE 423

401

415

420

CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: CORRECTIONAL TREATMENT: ''WHAT WORKS'' AND GENDER-RESPONSIVE APPROACHES 426 SUMMARY 427 KEY POINTS 427 KEY WORDS 428 CRITICAL THINKING QUESTIONS

NEL

428

Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

xv

WEBLINKS 428 COURT CASES 429 SUGGESTED READINGS REFERENCES 429

429

GLOSSARY 435 INDEX 443 LIST OF EXHIBITS Differing Definitions of Crime

Exhibit 1.2 Exhibit 1.3 Exhibit 1.4 Exhibit 1.5 Exhibit 2.1

Benefits and Limitations of the Adversarial System of Justice 8 Ruth and Reitz's Unified Goals of the Criminal Justice System 15 Selected Prosecutions on a Terrorism Charge 28 Timeline for Selected Anti-Terrorism Measures in Canada 29 Sexual Assault Legislation in Canada 39

Exhibit 2.2

The Charter of Rights and Freedoms: Legal Rights of the Accused and the Canadian Criminal Justice System 55 Comparison of Ontario and National Sex Offender Registries 101 The Social Construction of Crime Statistics: Selected Elements 11 2

Exhibit 3.1 Exhibit 4.1 Exhibit 4.2 Exhibit 4.3 Exhibit 5.1 Exhibit 5.2 Exhibit 5.3 Exhibit 6.1 Exhibit 6.2 Exhibit 6.3 Exhibit 6.4 Exhibit 6.5 Exhibit 6.6 Exhibit 6.7 Exhibit 7.1 Exhibit 7.2 Exhibit 7.3 Exhibit 8.1 Exhibit 8.2 Exhibit 8.3 Exhibit 9.1 Exhibit 9.2 Exhibit 9.3 Exhibit 9.4 Exhibit 10.1 Exhibit 10.2 Exhibit 10.3 Exhibit 10.4

•

XVI

5

Exhibit 1.1

Legislative Changes 123 Features of Ethnographic Research 127 The Mandate of the London Metropolitan Police Force (1829)

146

The Principles of Policing by Consent 147 Selected Characteristics of the Professional Model of Policing 149 What Are the Activities of Patrol Officers? 174 What Are the Policing Styles of Patrol Officers? 174 Selected Criticisms of Reactive Policing 177 The Principles of Problem-Oriented Policing 184 The Advantages of Problem-Oriented Policing 185 Community Policing Strategies 186 What Is the Focus of Predictive Policing? 190 Police Alternatives When Arresting without a Warrant 204 Types of Use of Force 215 The Pros and Cons of Citizen Oversight 222 Court Jurisdiction over Criminal Code Offences, Sections 469 and 553

234

Types of Legal Aid 242 Models of Prosecutorial Decisions 243 The Appointment of Amicus Curiae 263 Selected Powers of Defence Lawyers 271 Selected Powers of Crown Prosecutors 272 Selected Powers of Judges 274 Sentencing Options 295 The Purpose of Sentencing 299 The Objectives of Just Sanctions 299 The Principles of Sentencing in Canada

Criminal Justice in Canada

300

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

Exhibit 10.5 Exhibit 10.6

Aggravating and Mitigating Circumstances 302 Presentence Reports and the Criminal Code 303

Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit

Exhibit 12.1 Exhibit12.2 Exhibit 12.3 Exhibit 12.4 Exhibit 12.5

Sentencing Multiple Murderers 304 The Benefits of Sentencing Circles 305 Recent Canadian Mandatory Minimum Legislation 309 Canadian Victims Bill of Rights 312 Status of Adu lts on Initial Entry into Correctional Services 322 Bill C-10, the Safe Streets and Communities Act, and Conditional Sentences Intermediate Punishments and the Penal Harm Movement 331 Selected Differences between Intensive Supervision Probation and Regular Probation 33 1 Supervision Models 374 FocusonWomen,2014-17 375 The Consequences of High Rates of Incarceration 378 The Legal Rights of Inmates: Selected Charter Cases 388 Mental Health Indicators and Correctional Performance 388

Exhibit Exhibit Exhibit Exhibit Exhibit

Reintegrating Indigenous Offenders 403 Federal Policy on Offender Reintegration 405 The Integrated Correctional Program Model 407 Profile of Community Correctional Centres 408 The Safe Streets and Communities Act (Bi ll C-1 O): Changes to the Parole Board

10.7 10.8 10.9 10.10 11 .1 11 .2 11 .3 11 .4

13.1 13.2 13.3 13.4 13.5

Exhibit 13.6

NEL

328

of Canada 411 Women and Reentry 417

Contents

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

••

XVII

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

PREFACE The idea for the original version of this book started in the mid-1980s when I was teaching at the University of New Brunswick. The third-year criminology course was a full-year course and had been previously taught as an entire theoretical course. Students told me they were extremely interested in criminal justice issues, so I introduced many of those issues into the course. When I arrived at the University of Winnipeg in the early 1990s one of the attractions was that students could receive a degree in Criminal Justice (then called Justice and Law Enforcement). However, they could graduate without taking an introductory criminal justice course so I developed the course and wrote the first edition of Criminaljustice in Canada. This book, which has been an ongoing project for almost 25 years, is now in its eighth edition. The project started when criminal justice was emerging as a vital and separate discipline in Canada. During this time, many aspects of criminal justice, such as the Charter of Rights and Freedoms, have exerted enduring influence. But many aspects of the criminal justice system have changed as new issues and concerns have emerged a fact that is reflected in many ways in the book. As a result, substantial rewriting of chapters has occurred with new sections and examples being introduced. Some content has been streamlined to reduce the amount of material in some areas and in some cases, more headings have been added to make the information more readerfriendly. Further changes include the addition of discussion questions to the feature boxes and more summing up and looking forward sections with additional concept check questions. As well, the end-of-chapter summary sections have been reorganized to further aid review and comprehension. In the eighth edition of Criminal justice in Canada, I am privileged to have the continuing opportunity to chronicle many of the proposed and actual changes in criminal justice, ranging from the decriminalization of cannabis to the landmark ruling in R. v. Jordan regarding the right to be tried in a timely manner. As with each previous edition, updated content has made the book more informative, engaging, and accessible. Here is a list of some of the key changes included in the eighth edition: •

Streamlined learning objectives to better guide students' learning and expanded Summing Up and Looking Forward sections to enable better review of the content covered in a section and to show its connection to the next section

• Updated discussion of continuing issues such as terrorism legislation, the legal status of HIV, the medical assistance in dying legislation, and solitary confinement • Updated data and statistics throughout, including the most recent statistics on crime, conditional release programs, and imprisonment • Coverage of new directions in as well as the policy consequences of issues such as the impact of the police interacting with mentally disordered individuals and how the criminal justice system is challenging discrimination against transgender individuals • A new online chapter that further examines a number of contemporary issues, including Indigenous and LG BTQissues and the decriminalization of cannabis Since criminal justice is an ever-evolving field of study, the shifting contexts of the social world will continue to impact and influence our criminal justice system and its policy responses.

NEL

Preface

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

•

XIX

HIGHLIGHTS OF THE EIGHTH EDITION The following is a chapter-by-chapter list of some of the features and content including updated and new material of Criminal justice in Canada, eighth edition. Chapter 1 (An Overview ofthe Criminal justice System in Canada) includes changes to some sections to better enable students to gain a broad understanding of the Canadian criminal justice systems before focusing on specific areas and issues. The sections on formal and informal court processing now better highlight the way both systems operate. There are updates on medical assistance in dying, the World Justice Project: Rule of Law Index, and anti-terrorism laws, as well as a new focus on challenging discrimination against transgender individuals. Chapter 2 (Criminal L aw and Criminal justice in Canada) discusses issues such as the response of the criminal justice system to sexual assault, whether the criminal law can cause harm, and criminal law reform. The chapter includes a new discussion on the Jian Ghomeshi case and the reporting and prosecution of sexual assault, as well as a new discussion on criminal law reform, specifically regarding the issue of criminalizing spanking as assault. Critical Issues in Canadian Criminal justice, which looks at whether HIV nondisclosure should be decriminalized, has also been updated. Chapter 3 (Control Philosophy and Criminal justice Policy) uses the example of sex offending to examine how policies are approached by the various crime control philosophies. The chapter contains updated information about dangerous offender designations, and includes a new case discussing the rights of the sex offenders. Chapter4 (Crime Rates, Crime Trends, and Criminal Victimization in Canada) contains the most recent police-recorded crime statistics and the Crime Severity Index available for crime rates and victimization. New sections include information on the most commonly police reported crimes and on who commits crime, as well as possible explanations of why the crime rate is declining. In the area of victimizations not reported to the police, there is a new focus on the violent victimization of lesbians, gays, and bisexuals. A new Critical Issues in Canadian Criminal justice focuses on unfounded sexual assaults and a policy initiative that aims to change and improve the response of the police to sexual assault. Chapter 5 (The Context of Policing) starts with a brief discussion of the legitimacy of the police. It contains updated data and statistics on the number of police and police resources across Canada, as well as a new feature discussing the Bear Clan, an urban Indigenous street patrol community organization in cities and towns across Canada. The chapter closes with an updated Critical Issues in Canadian Criminal justice related to the expansion of the role of DNA data banks in Canada. Chapter 6 (The Practice ofPolicing) starts by reviewing the history and importance of reactive-style policing and what led to changes in this type of policing practice. This is followed by alternatives in policing models, such as foot patrol, directed patrol, problemoriented policing, community policing, zero tolerance policing, and intelligence-led policing. Information on police practices has been updated, including updated discussion on community policing in the twenty-first century and community policing strategies. New topics discussed include predictive policing and big data and individuals with mental disorders and contact with the police. Chapter 7 (The Police and the Law) starts by discussing the legal powers of the police, including the decision to arrest, arrest warrants, searches incident to an arrest, and warrantless arrests. Supreme Court decisions in the area of search warrants and electronic

xx

Criminal Justice in Canada

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

devices are reviewed, as is the police interrogation technique known as "Mr. Big." This chapter also discusses police and the use of force, deadly force used against police officers, and "problem" police officers. Updated and new discussions include the impact of the police using body-worn cameras and racial profiling involving vehicle stops and street checks (carding). Chapter 8 (Pretrial Criminal Procedure) examines the experiences of the accused as they are processed into the next stage of the criminal justice system the pretrial criminal procedures. Topics discussed include judicial interim release (bail), pretrial detention, compelling appearance, remand (pretrial custody), the first appearance in court, legal aid, prosecutorial screening, preliminary inquiries, plea bargaining, and juries. Material has been updated throughout, with a new Critical Issues in Canadian Criminal justice examining the landmark ruling in R. v.jordan, regarding the right to be tried in a timely manner. Chapter 9 (The Courts and Criminal Trial Procedure) starts by examining the issue of the increasing number of self-represented individuals in the criminal courts. The various models of the criminal courts and how the criminal court system operates in Canada as well as the duties and powers of defence lawyers, Crown prosecutors, and judges are covered. The various legal rights that exist in the criminal courts are also discussed. The criminal court case of Dennis Oland is reviewed to show the role of the various agencies involved in the operation of the court system and the various stages of a court trial, as is the case R. v. Catcheway, which illustrates the informal criminal justice system at work. Chapter 10 (Sentences and Dispositions) includes the most updated statistics available on the operation of the adult criminal courts in Canada. Updated sections include sentencing patterns, victim participation, mandatory minimum sentences, and miscarriages of justice (wrongful convictions). The chapter includes new discussions on sentencing considerations for Black Canadians and the Canadian Victims Bill of Rights (CVBR). Chapter 11 (Offenders Supervised in the Community: Alternative Sanctions and Conditional Release Programs) features updated charts and statistics throughout the chapter, including updates on probation, the conditional sentence of imprisonment, electronic monitoring, as well as conditional release programs, including full parole. Chapter 12 ( Corrections in Canada: History, Facilities, and Populations) looks at issues relating to corrections and the inmate population in Canada, such as the different types of correctional facilities, prison violence and deaths, use of force in prison, and self-harm among inmates. As well, specific groups who are incarcerated Indigenous, women, and Black inmates are discussed. Material has been updated throughout, including an updated Critical Issues in Canadian Criminal justice feature on solitary confinement (administrative segregation). Chapter 13 (Community Reintegration) features updated charts and statistics throughout, including updates on older inmates. New sections include reintegrating Indigenous offenders, women and reentry, and Correctional Service Canada and its attempts to deal with medical assistance in dying (MAID) among incarcerated individuals. Chapter 14 (Contemporary Issues in the Canadian Criminal justice System) is a new online chapter that examines contemporary issues such as Indigenous peoples and the Canadian criminal justice system (e.g., representation on juries), LGBTQindividuals and the criminal justice system, as well as the legalization of cannabis. Visit www.nelson. com.Istudent for access.

NEL

Preface

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

•

XXI

INSTRUCTOR RESOURCES The Nelson Education Teaching Advantage (NETA) program delivers research-based instructor resources that promote student engagement and higher-order thinking to enable the success of Canadian students and educators. Visit Nelson Education's Inspired Instruction website at http://www.nelson.com/inspired/ to find out more about NETA. The following instructor resources have been created for Criminal justice in Canada, eighth edition. Access these ultimate tools for customizing lectures and presentations, as well as the online chapter, at www.nelson.com/instructor.

engagement I assessment I success NELSON EOUCATION TEACHING AOVANTAGE

NETA Test Bank This resource was prepared by Kimberley Ducey, University of Winnipeg. It includes more than 1,000 multiple-choice questions written according to NETA guidelines for effective construction and development of higher-order questions. Also included are approximately 520 true/false questions and 130 essay questions. The NETA Test Bank is available in a cloud-based platform. Nelson Testing Powered by Cognero® is a secure online testing system that allows instructors to author, edit, and manage test bank content from anywhere Internet access is available. No special installations or downloads are needed, and the desktop-inspired interface, with its drop-down menus and familiar, intuitive tools, allows instructors to create and manage tests with ease. Multiple test versions can be created in an instant, and content can be imported or exported into other systems. Tests can be delivered from a learning management system, the classroom, or wherever an instructor chooses. Nelson Testing Powered by Cognero for Criminaljustice in Canada can also be accessed through www.nelson.com/instructor.

®

RAii-Circie Assessment•

NETA PowerPoint Microsoft® PowerPoint® lecture slides have been prepared for every chapter by David Mikelberg, Guelph Humber University. These slides summarize key concepts and feature key figures, tables, exhibits, and photographs from Criminal justice in Canada. The notes pages provide additional instructor support, with further lecture ideas, current topics, and suggestions for student engagement (a pared-down student version without instructor notes is also available). NETA principles of clear design and engaging content have been incorporated throughout, making it simple for instructors to customize the deck for their curses.

Image Library This resource consists of digital copies of figures, tables, exhibits, and photographs used in the book. Instructors may use these jpegs to customize the NETA PowerPoint or create their own PowerPoint presentations.

NETA Instructor Guide This resource, written by textbook author Colin Goff, University of Winnipeg, was revised for the eighth edition by Kimberley Ducey, University of Winnipeg. It is organized according to the textbook chapters and addresses key educational concerns such as typical stumbling blocks student face and how to address them. Other features include What can I do in class? and What can I do online?

••

XX:11

Criminal Justice in Canada

NEL

Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.

STUDENT ANCILLARIES Criminal justice in Canada is accompanied by a student website with engaging online resources to enable students to activate their knowledge and further enhance their learning and comprehension. The online chapter Chapter 14, Contemporary Issues in the Canadian Criminal Justice System is also available on the student companion website. Visit www.nelson.com/student for access.

Minute School

Better Marks in Minutes

Designed for today's busy and on-the-go students, the Minute School app allows students to test their knowledge and identify areas of weakness with hundreds of online, multiplechoice questions, related directly to what they are learning in the course. Student can take a quiz on key topics covered in the course and receive instant feedback which will identify concepts that require further review. Students can also track their progress from within the app to help them stay on track! To get started, visit NelsonBrain.com and search "Minute School."

0 ~!~U;E; Sc_!'lo