CRIMINAL

JUSTICE IN
CANADA
Third Edition

COLIN GOFF
Slides by Gina Barber

Copyright © 2004 Nelson, a division of Thomson Canada

Chapter 1

An Overview of the
Criminal Justice
System in Canada
Copyright © 2004 Nelson, a division of Thomson Canada
What is the Criminal
Justice System?
 A network of
agencies
involved in the
– Investigation
– Detection
– Prosecution
– Correction
of offenders.

3
Purposes of Criminal
Justice
 To control crime.
 To prevent crime.
 To maintain justice.

4
Assumptions of Justice
 Guilt, innocence,
and punishment
should be based
on evidence.
 Punishment must
fit the offence
and the offender.
 Similar cases
should be treated
alike. 5
Disparity
 Legitimate Disparity
– Based on seriousness of offence,
prior record.
 Illegitimate disparity
– Based on extralegal factors such as
social class.

6
Discrimination

Differential treatment based on group

membership.
 Institutional discrimination.

– Disparate outcomes of established

policies.
 Contextual discrimination.
– Disparity in specific situations.
 Individual discrimination.
– Differential treatment by specific
employees. 7
Substantive and
Procedural Justice
 Substantive
justice
– Accuracy of the
outcome.
 Procedural
justice
– Fairness of the
methods used to
achieve an
accurate
outcome. 8
Adversarial System
 Benefits  Limitations
– Separate – Plea-bargaining.
agencies. – Lengthy and
– Extensive expensive trials.
examination of – Exclusion of
the evidence. relevant
– Appearance of evidence.
fairness.

9
Structure of the
Criminal Justice
System
Police
 Municipal Police
– About 67% of all
police.
– Includes regional
police.
 Provincial Police
– Ontario, Quebec,
Newfoundland.
 RCMP
– Federal statutes.
11
Courts
 Lower Courts
– A.k.a. provincial courts.
– Deal with most cases.
 Superior Courts
– Serious cases.
– Appeals.
 Appeal Courts
– Cases from superior courts.
 Supreme Court of Canada.
12
Corrections
 Correctional Service of Canada
– Federal government
deals with sentences
of 2 years or more.
 Provincial
corrections
– Less than 2 years.
 Community
supervision
– Parole, probation,
statutory release,
temporary absences.
13
Formal Organization
of the Criminal
Justice System
Pretrial Criminal
Procedure
 Arrest
– With or without a warrant.
 Appearance notice
– By police on the spot.
 Summons
– By justice of the peace.
 Detention prior to trial
– Discretionary.
 Bail
– May not be unreasonably denied.
15
Trial Procedure
 First court appearance
– May include arraignment (charges read) or
postponement.
 Preliminary inquiry
– Optional for indictable offenses to
determine if there is enough evidence to
proceed.
– Followed by indictment.
 Trial
– Mostly by judge only.
– May elect jury trial in serious cases.
– Guilt beyond a reasonable doubt.
16
Sentencing
 Many choices available.
– Discharge, probation, incarceration,
suspended sentence, fine.
 Some sentences are automatic.
– Murder.
 May use pre-sentence reports,
victim impact statements,
mitigating factors.
17
Incarceration
 Provincial or federal institution
– Depending on length of sentence.
 Treatment programs
– Vary with institutions.
 Early release programs
– Parole or statutory release.
 Community supervision
– Halfway houses.
18
Informal Operation of
the Criminal Justice
System
 The Crime Funnel
Reported 100

Actual 96

Cleared 34
Number of cases
Charged 22

Convicted 15

Custody 4

% of total offenses

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Source: Statistics Canada, 1997.
The Courtroom
Workgroup
 Based on
cooperation.
 Needs of members
take precedence.
 Interpersonal
relations are
important.
 Influenced by
agency and
professional needs.
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Attrition of Cases
 Many offences are not detected.
 Victims may not report offences to
the police.
– Too minor, too much trouble, fear.
 Some cases are not recorded as
crimes by police
– E.g. unfounded.
 No suspect is identified
– Case is not cleared.

22
Attrition of Cases
 Suspect may not be charged.
 Charges may be withdrawn by victim
or prosecution.
 Bail may be denied for extralegal
reasons.
 Suspect may plead guilty following
plea bargaining by counsels.
 Sentencing may be based on age,
sex, social status, race.
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Values and the
Criminal Justice
System
Crime Control Model
 Get tough approach.
 Main goal is crime
reduction through
punishment.
 Presumes guilt.
 Assumes the system
doesn’t make
mistakes.
 Supports the use of
discretion.
25
Due Process Model
 Focuses on the
protection of legal
rights of accused.
 Main goal is justice.
 Limits powers of
officials.
 Presumes
innocence.
 Emphasizes
procedure.
26
Anti-Terrorism
Legislation
 Introduced following September
11, 2001 attacks on New York and
Washington.
 Bill C-36 (December 18, 2001)
– New definitions and tougher
sentences for terrorist activities.
– New police powers to investigate
suspected terrorist activities.
27
Anti-Terrorism
Legislation
 Bill C-42
– New powers to federal government
ministers to deal with suspected
security threats.
– Replaced by Bill C-55.
 Concerns about racial profiling
and civil liberties.

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