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The Canadian federal government has promised legislation that will decriminalize the simple possession of cannabis by the summer of 2003. This paper will first review the socio-historical context as it pertains to the criminalization of cannabis use in Canada. Specifically, it will discuss the numerous (unsuccessful) legal and political attempts at cannabis-control reform in the past 30 years, called "the saga of promise, hesitation and retreat" by Giffen, Endicott, and Lambert (1991: 571). It will then review some distinct forces in the current cannabis law reform debate, namely a series of high-profile court cases, patterns of public opinion, and the recommendations of two federal inquiries, all of which contribute to the momentum for reform. After summarizing the diverse landscape of cannabis-control regimes in other Western countries, this paper will examine more closely the actual options that exist for cannabis decriminalization in Canada and their possible effects and implications. Specifically, making simple cannabis possession a civil offence, as suggested, would provide for both discretionary interpretations and net-widening effects in law enforcement and would, in addition, leave the cannabis supply question unresolved. [ABSTRACT FROM AUTHOR]

The article presents professor Troy Riddell's insights on a study about evidence exclusion and the judicial system in Canada. Topics discussed include Riddell's definition of judicial activism, the decisions issued by the Canada Supreme Court regarding police power, and the relationship between terrorism and criminal law. The impact of the Court's language and decision making on social change was also discussed.

This paper seeks first to show that persons who are convicted of crimes can be perceived as either remorseful or as lacking in remorse. This division establishes a moral hierarchy that has profound implications for the characterization and disposition of persons who are so designated. Second, using both Canadian and American cases, it looks at how inclusion in the category of the unremorseful affects the characterization and disposition of those who have been wrongfully convicted. Finally, it suggests that remorse is a major site of conflict between persons who are wrongfully convicted and officials within the criminal justice system, conflict that involves the use of institutional pressure to encourage the expression of remorse, on the one hand, and the mobilization of individual resources to resist those expressions, on the other. [ABSTRACT FROM AUTHOR]

An introduction is presented which discusses an article by Dr. Carol LaPrairie and colleagues on Aboriginal justice.

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Canada is a distinctive and rich contributor to criminological thought. As in many things, it benefits both from its proximity to powerhouses of the discipline in the United States and from distancing itself from them. Distancing is needed because criminology is enmeshed within a pathological disciplinary structure of social science research invented in the United States and Europe. Canada embraces more hybridity than most national criminologies, though it still falls short in its openness to insights from the South and East of the globe. An important part of the hybridity it does embrace in greater measure than other western societies is wisdom from its Indigenous peoples. Restorative justice, private policing, corporate crime, and crime-war are used to illustrate strengths of Canadian hybridity. These are Canadian conversations in which Carol LaPrairie engaged evocatively. [ABSTRACT FROM AUTHOR]

The issue of partner and family violence in Aboriginal settings has long presented unique challenges for communities and criminal justice. Dissatisfaction with conventional legal responses, and especially with mandatory charging policies whose implications for victims and families are, at best, mixed, has initiated a shift toward restorative justice, which is perceived to be more culturally appropriate and respectful of Aboriginal families. However, there are significant challenges arising from issues of community, culture, and context that must be seriously engaged before restorative justice can offer viable, safe, and sustainable alternatives to Aboriginal communities struggling with violence. Drawing upon years of work with Cree communities, this article explores the realities of intimate violence and restorative responses, arguing that there is additional work to be done before restorative processes can be applied to intimate violence in these communities. [ABSTRACT FROM AUTHOR]

The statistical 'over-representation' of Aboriginal people in the criminal justice systems (especially prisons) of Canada, Australia, and New Zealand is not disputed. Sentencing is often perceived as a point in the criminal justice system where, potentially, the problem of Aboriginal over-representation could be addressed. During the last 20 years there have been robust discussions in Canada, Australia, and New Zealand as to whether (and if so how) Aboriginality should be taken into account in sentencing. Reviewing and comparing the trajectories of these debates within the three countries during the last 20 years, in terms of legislative provisions, court decisions, and innovative sentencing practices, suggests that although the problem of over-incarceration is viewed similarly, sentencing responses have varied between nations, but have been equally unsuccessful in actually reducing rates of Aboriginal imprisonment. [ABSTRACT FROM AUTHOR]

Anthony Doob has documented the evolution of knowledge about sentencing and sentencing policy in Canada since the 1970s, and the social, attitudinal, and psychological forces that influenced them. Except for the enactment, in 1996, of a statute specifying general purposes of sentencing and the enactment of mandatory minimum sentencing laws of limited scope, not much has happened in Canada. By contrast, enormous numbers of changes in law, policy, and practice have occurred in the United States, with mostly negative effects in terms of diminution of justice, crowded prisons, unprecedented imprisonment rates, and worsened racial disparities. Americans would have benefitted from something like Canadian inertia. Canadians have little that is positive and much that is negative to learn from the American sentencing reform experience. [ABSTRACT FROM AUTHOR]

Trends in the seriousness of youth crime in Canada from 1984 to 2011 are assessed by analysing changes over time in the mix of offences for which young people have been reported by police as chargeable. Four indicators of seriousness are used: Statistics Canada crime seriousness weights, the proportion of youth accused of an indictable offence, a fivefold classification of offences; and a selection of high volume offences. All four analyses clearly indicate a substantial downward trend over the period in the overall seriousness of police-reported youth crime. The decline in seriousness is mainly due to a very large decrease in the proportion of youth accused of the serious offence of break and enter and a correspondingly large increase in the proportion accused of the minor offences of common assault, cannabis possession, and offences against the administration of justice. The proportion of chargeable youth accused of major offences against the person has increased substantially relative to its level in 1984, but it remains low compared to property and other offenders. Thus, reported youth crime in Canada has become proportionally more violent but less serious overall. [ABSTRACT FROM AUTHOR]

The Youth Criminal Justice Act (YCJA) has been successful in removing minor cases from formal youth court processing. Whether in relation to police charging, guilty findings in court, or the use of custody, there have been considerable reductions. However, this article argues that Canada continues to struggle with keeping status-type offences (e.g., failing to comply with bail or probation conditions) out of the youth justice system. While other minor types of offences were declining before the YCJA came into effect, failing to comply offences needed legislative change to reduce their rates, and the greatest, sustained reductions have been seen in the areas of the YCJA that are specific and leave little ambiguity. The less specific areas of the Act have, on the other hand, allowed for increases with respect to these types of offences. Failing to comply with bail conditions appears to be particularly difficult to remove from formal youth court processing, and questions are raised in the article about whether these types of case are being created by the courts themselves. [ABSTRACT FROM AUTHOR]

The research presented in this article examines women's perceptions of how the criminal laws relating to prostitution affect the experience of working in the off-street Canadian sex industry. The results of interviews with 10 women indicate that the criminalization of prostitution has numerous effects on the health and safety of indoor workers: the workers are alienated from the protective services of police; they are often misinformed about their legal rights in Canada; they face personal, legal, and social consequences for association with a criminalized activity; their abilities to mitigate risk are severely limited by the criminalization of ancillary activities related to prostitution; and their health is directly affected by the isolation and stress that accompany marginalized labour. The participants share their advice for future regulation of the sex industry in Canada and strongly encourage the removal of adult consensual sex work from the realm of criminal behaviour in Canada. [ABSTRACT FROM AUTHOR]

For those who are negotiating their way through court, there are potentially many aspects of the court-room atmosphere that can be perceived as unpleasant. Moreover, issues arising from general delays, confusion, and unprofessional conduct may be related to broader evaluations of the entire justice system, independently of how fairly people feel that they, personally, were treated by specific court actors. We explored this by interviewing youths after their first court appearance and by independently coding the overall atmosphere of the court-room. We found that, independently of how fairly youths felt they themselves had been treated, the atmosphere of the courtroom was significantly related to their overall assessments of the legitimacy of the criminal justice system. Those who experienced an atmosphere of confusion and unprofessionalism tended to view the entire justice system as less legitimate than did those who experienced better days. [ABSTRACT FROM AUTHOR]

In recent years, governments have taken up the concept of restorative justice (RJ) and added what they refer to as RJ practices to their sentencing arsenal. The manner in which these practices are taken up and implemented, however, typically involves a shift away from the original roots and intent of the concept of RJ and a remodelling of its basic foundations. In North America, the application of RJ to sex work typically takes the form of diversion programs aimed at street-based workers and their clients. The goal of such programs is to demonstrate the harmful nature of the industry and its negative effects on the worker and community, thereby discouraging involvement in it. This article problematizes such an application of RJ principles and argues for a shift in focus, particularly regarding the conceptualization of victim, harm, and reparation needed. As our research indicates, it is the existence and application of public policies aimed at various sectors of the sex-work community, especially the criminal law, that are the primary source of harm for people working in the sex industry (PWSI). The requisite steps for restoring justice and protecting the rights of sex workers are outlined. [ABSTRACT FROM AUTHOR]

The article argues that Canadian political scientists have paid more attention to criminal justice than is commonly believed but that there is potential for a much greater contribution. The existing political science literature on criminal justice suggests that three strengths could be built upon by future research. First, political scientists are well positioned to study how the policy process influences the formation of criminal justice policy. Second, political scientists can bring their disciplinary training to bear on questions involving the limits of public authority and the rights of citizens vis-à-vis the state in the context of criminal justice. Finally, the political science literature contains relatively unique methodological, theoretical, and normative perspectives on criminal justice when compared to the literature produced by scholars in other disciplines. The article concludes by outlining some potential impediments to political scientists' paying more heed to criminal justice and also some reasons for optimism that the discipline might build upon its existing contributions. [ABSTRACT FROM AUTHOR]

Criminologists have shown much interest in the distribution, causes, and consequences of fear of crime, but few studies have examined trends in fear. Using data from the Winnipeg Area Study from 1984, 1994, and 2004, and official crime data from the Winnipeg Police Service, we examine trends in fear of crime and compare them to reported crime. Fear of crime is evaluated by using an index compiled from five offence-specific indicators that asks how worried people are about becoming victims of theft, burglary, armed robbery, fraud, and sexual assault. Bonferonni procedures and regression methods are used to assess differences in fear of crime. The results show that respondents report low levels of fear of crime over the 20-year period. The results also indicate a lack of correspondence between fear of crime and official measures of crime. These findings challenge the use of fear of crime measures by policy makers seeking to evaluate criminal justice initiatives. [ABSTRACT FROM AUTHOR]

Public confidence in criminal justice has emerged as an important issue in most western nations. Several jurisdictions have made promoting public confidence a policy priority, and governments in many countries have recently conducted public opinion surveys to gauge levels of confidence in criminal justice. However, little is known about levels of public confidence in criminal justice in Canada. This article reviews the empirical research on this issue and attempts to explain current trends. Although a significant plurality of the public expresses little confidence in the justice system, more people are positive than are negative. In comparison to other countries, confidence levels in criminal justice are generally higher in Canada. This said, the public has less confidence in the justice system than in other public institutions such as the health care system. Consistent with findings elsewhere, the police attract most, and the prison system the least amount of public confidence. The article places these findings in context, and discusses their implications for research and policy. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author uses the premises and inquiries advanced by the literature on social inclusion to consider its potential for the re-visioning of criminal law and policy. She notes that criminal law and social inclusion are fundamentally at odds, but argues that governments and policy makers committed to inclusion in social and economic policy cannot fulfil that mandate without turning their attention to criminal law. She identifies the process of criminal law reform, the definition of crime, the enforcement of the law, and the outcomes of criminal law as areas for which social inclusion offers insights and directions. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article lists several books related to criminal law including "Contemporary Issues in the Empirical Study of Crime," by Marc Cools, Sofie De Kimpe, and Brice De Ruyver, "Crime and Culpability: A Theory of Criminal Law," by Larry Alexander, and Kimberly Kessler Ferzan, and "Crime Prevention Policies in Comparative Perspective," edited by Adam Crawford.