Search

This paper reviews the legislative history and application of the Criminal Code's definition of terrorist activity to trace how the "motive clause" reinforces systemic racism within Canada's criminal justice system. By outlining this process, this paper argues that the motive clause contributes to a dynamic that racializes terror offences as a specific type of criminal offence committed by racialized individuals--marking terrorism as a unique social characteristic of racialized communities. This occurs mainly due to the legislative requirement to prosecute the ideas of accused persons, which, in practice, has increased the likelihood of courts admitting otherwise prejudicial evidence against the accused and the problematic ways in which expert evidence has (or has not) been used in terrorism trials. Although discrimination may not be an inevitable or intended outcome of the drafted legislation, it creates a framework that encourages discriminatory prosecutorial strategies, facilitates bias in the admission and treatment of some evidence, and potentially contributes to the exclusive use of the provisions against racialized communities specifically. [ABSTRACT FROM AUTHOR]

Purpose: Research on intimate partner violence (IPV) is generally focused on female survivors. However, in Canada, about half of all self-reported victims of IPV are men and 1 in 5 calls to police for domestic violence are for male victims. This paper takes a comparative approach to understanding survivors' experiences of IPV. Methods: Across Canada, 110 female and 45 male survivors of IPV were recruited through media, social media, and listservs for a survey and interviews in 2017. Results: Findings indicate areas of similarity (healthcare needs; difficulty accessing formal support; fear of false accusations) and areas of difference (availability of formal support; types of violence experienced most often; interactions with the justice system). Women and men reported similar types of IPV, with women experiencing higher rates of sexual violence, stalking, and damage to property. Women and men reported similar physical and mental health consequences following IPV. Men were less satisfied than women with the response of the justice system, and both female and male participants encountered gender bias within the justice system. Some women reported being turned away from services that were at their maximum capacity, and men reported difficulty identifying IPV-related services for male survivors. Conclusions: Findings can be used by frontline service providers and the justice system to ensure that services are gender-inclusive and gender-sensitive. [ABSTRACT FROM AUTHOR]

Young people's voices detailing how they experienced engagement with the criminal justice system following child sexual abuse, what was helpful or unhelpful and how services can be improved to minimise secondary victimisation and maximise the potential for healing are largely absent from the research literature. This paper draws on semi‐structured interviews with a culturally diverse sample (n = 47) of young people aged 14 to 25 across Ireland and Canada about their experiences of disclosure and engagement with systems. Data were collected pertaining to experiences engaging with law enforcement personnel using thematic analysis with a trauma‐informed lens. The research identified three key themes: the importance of feeling safe through kindness, transparency and being believed; the importance of having a say; and the importance of timely court processes. The study builds on the small body of qualitative research illustrating young people's lived experiences of engaging with the criminal justice system and provides empirical support for promoting a trauma‐informed approach in how police engage with young people. Guidance is offered for police professionals on how to engage with adolescents following sexual abuse. [ABSTRACT FROM AUTHOR]

Indigeneity and justice are facets of Canadian society that have faced systemic incongruence with one another. Intersectional criminological inquiry is essential to optimally establish the various ways in which Indigenous women come into contact with crime. It will be argued that intergenerational trauma is the most pertinent correlate of Indigenous women's association with criminality and victimhood. Sexual violence and the law will be conceptualized as contemporary colonial structures that disproportionately embed Indigenous women into the Canadian criminal justice system (CJS). The purpose of this paper is to contextualize the experiences of Indigenous women within the CJS to better understand and eventually remedy criminalization and victimization, relative to colonialism. [ABSTRACT FROM AUTHOR]

Hazing rituals in sport commonly involve coercive sexual acts. However, sexually violent hazing is rarely taken seriously by law enforcement and the criminal justice system in Canada. This paper examines sexually violent hazing in Canadian sport within the broader context of Canadian criminal sexual assault law. Using unobtrusive methods, the paper examines 12 cases of sexually violent hazing in Canadian sport to reveal what it can entail, who it commonly involves, and how sport leagues and the Canadian legal system often fail to adequately respond. Through an abductive analysis of this unobtrusive data, and drawing on theoretical work on masculinities and Erving Goffman's concept of total institutions, the paper argues that sexually violent hazing occurs in sport not purely for the purposes of teambuilding, as it is commonly understood, but also to establish and reaffirm hierarchies of masculinity within the total institution of sport. [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 Social Work Review / Revue Canadienne de Service Social is the property of Canadian Association for Social Work Education 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.)

In 1999, the Supreme Court of Canada's seminal decision R v Gladue enunciated principles that recognized systemic bias and inter-generational trauma leading to the overrepresentation of Indigenous Peoples in incarcerated populations. Now, nearly a quarter century later, longevolving efforts to meaningfully include Indigenous Peoples within colonial legal systems have focused primarily on Indigenous Peoples' interactions with the criminal justice system. Such efforts have yet to meaningfully reconcile Indigenous legal orders with Canada's civil justice system. This paper surveys the historical development of Canada's judicial approaches to reconciliation, and within that context, posits applications of Gladue principles to contemporary civil litigation. [ABSTRACT FROM AUTHOR]

Journalists routinely live-tweet high-profile criminal trials, a practice that raises questions about access to justice and the principle of open court. Does social media open up the justice system? There is a normative debate in the literature about the use of Twitter and social media in the courtroom. This paper takes on this debate by exploring the relationship between digital technologies and criminal justice. Through a systematic examination of journalists' tweets during two key trials (Ghomeshi and Saretzky), we ask to what extent can the live-tweeting of court proceedings achieve greater access to justice in Canada? We argue that while the live-tweeting does provide more access to court, potentially furthering the principle of open court, the nature of this access provides little in the way of increased engagement with the public and its understanding of the legal system. This paper makes contributions to both the legal studies and digital politics literatures. [ABSTRACT FROM AUTHOR]

Courts and legal commentators have increasingly recognized subsidiarity as an unwritten constitutional principle in Canada. In this paper, the author argues that the principle of subsidiarity can do much to explain the importance of the institution of trial-by-jury in criminal cases. Understood as nothing more than a fact-finding and verdict-generating body, the jury is a curiosity. But the jury is much more than that. The local nature of the jury serves to ensure that local customs, values, and practices are not steamrolled by a remote central legislature, and strengthens the sense of accountability that we have to each other as citizens. When we scrutinize the criminal jury through the lens of subsidiarity, we better appreciate its role in the criminal justice system and Canadian federalism. [ABSTRACT FROM AUTHOR]

In response to calls for greater interdisciplinary involvement from the social sciences and humanities in the development, governance, and study of artificial intelligence systems, this paper presents one sociologist's view on the problem of algorithmic bias and the reproduction of societal bias. Discussions of bias in AI cover much of the same conceptual terrain that sociologists studying inequality have long understood using more specific terms and theories. Concerns over reproducing societal bias should be informed by an understanding of the ways that inequality is continually reproduced in society—processes that AI systems are either complicit in, or can be designed to disrupt and counter. The contrast presented here is between conservative and radical approaches to AI, with conservatism referring to dominant tendencies that reproduce and strengthen the status quo, while radical approaches work to disrupt systemic forms of inequality. The limitations of a conservative approach to racial bias are discussed through the specific example of biased criminal risk assessments and Indigenous overrepresentation in Canada's criminal justice system. This illustrates the dangers of treating racial bias as a generalizable problem and equality as a generalizable solution, emphasizing the importance of considering inequality in context. Societal issues can no longer be out of scope for AI and machine learning, given the impact of these systems on human lives. This requires engagement with a growing body of critical AI scholarship that goes beyond biased data to analyze structured ways of perpetuating inequality, opening up the possibility for interdisciplinary engagement and radical alternatives. [ABSTRACT FROM AUTHOR]

In 2011, in Australia and Canada, two Aboriginal women – Lynette Daley and Cindy Gladue – died in suspicious circumstances suggestive of sexual homicide. At the time of their deaths, little media attention was given to their cases. However, several years later, as their cases progressed through the criminal justice system, the media would become intensely interested and numerous reports were subsequently published. These news stories, however, demonstrated that when colonialism, racism and sexism intersect they result in victims being to apportioned blame for their subsequent deaths. This paper reports on findings from a research project that examined print and online news media from 2011 to 2018, as these cases traversed the criminal court system. It illustrates that, when taken together the colonialism, racism and sexism prevalent in the news reporting served to characterise the victims as unworthy of the public's sympathy. This paper also provides a reflection on what it might take to reform the media's engagement in cases such as these, to achieve a reimagined justice where Aboriginal women's lives are valued and respected as victims of crime. [ABSTRACT FROM AUTHOR]

This paper inquires into the constitutionality of the section 810.01 "fear of terrorism" offence that was introduced into the Criminal Code under the Anti-Terrorism Act, 2015 amendments. Ordinarily, criminal justice and sentencing intersect at the punishment of offenders for crimes they have committed. However, post 9/11, in reaction to the fear of terrorism, the focus has shifted from punishing past crimes to crime prevention. That is, certain preventative measures maybe imposed in the absence of a charge, trial or conviction. Arguably, the power to detain or control the movements of persons without charging them challenges the so-called sacrosanct nature of the rule of law. This paper will unfold in three parts. Part one outlines the legal framework related to preventative recognizances and the fear of terrorism offence in the Criminal Code. Part two surveys the case law and considers constitutional questions evoked by the Canadian Charter of Rights and Freedoms with particular attention paid to the tension between section 810.01(3) recognizances and the presumption of innocence, arbitrary detention and the right to remain silent, criminal procedure and the rule of law. Part three unpacks the preventative/punitive dichotomy which is the rationale upon which section 810.01(3) recognizances are justified, by arguing that rather than a preventative provision, they are punitive since, arguably, they criminalize behaviour that is otherwise legal. This is a departure from the position taken by the Supreme Court of Canada. [ABSTRACT FROM AUTHOR]

The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada’s constitutional framework. In Part I, I outline the current state of Indigenous self-government over criminal law. Although initiatives such as sentencing circles and Indigenous courts allow Indigenous peoples to exercise greater self-government over the administration of justice, they still do not exercise true criminal law-making authority. In Part II, I analyze existing discussions about separate Indigenous justice systems and identify a framework for how concurrent jurisdiction over criminal law can be exercised. In Part III, I draw on the doctrine of cooperative federalism to argue that Indigenous jurisdiction over criminal law can coexist with the federal government’s jurisdiction over criminal law. Lastly, in Part IV, I discuss four ways Indigenous nations can attain jurisdiction over criminal law: (1) a constitutional amendment; (2) a self-government agreement; (3) a claim under section 35 of the Constitution Act, 1982; and (4) federal legislation. While a constitutional amendment is the preferable solution, I argue that federal legislation informed by Indigenous peoples is the best alternative. [ABSTRACT FROM AUTHOR]

Despite real life examples of injustices in the criminal justice system involving d/Deaf individuals and calls from advocacy groups for more awareness and training related to this issue, there has been very little research into the area. The research that does exist is piecemeal and generally focuses on a specific area of the system, ignoring the more global view of the criminal justice system. Further, such research is largely American. Given the fragmented, siloed nature of the extant literature and the lack of available Canadian data, this review paper sought to provide an overview of the existing literature on the experiences of d/Deaf individuals at all levels of the criminal justice system. Findings indicate that d/Deaf individuals are underserved and understudied putting them at a distinct disadvantage relative to their hearing peers. Suggestions for improvements are provided for all levels of the criminal justice system. This article examines the literature regarding the experience of individuals who consider themselves medically deaf or culturally Deaf at all levels of the criminal justice system. In the literature, there were several common issues identified including a lack of training, resources, and qualified interpreters as well as inadequate policies at all levels of the criminal justice system. One of the biggest issues identified was a lack of d/Deaf awareness among professionals working in the criminal justice system. Enhanced d/Deaf awareness could improve the experiences of d/Deaf individuals who come into contact with the criminal justice system. This literature review indicated that more research into the experiences of d/Deaf offenders needs to be done and highlights the importance of including d/Deaf individuals in this process. [ABSTRACT FROM AUTHOR]

This paper assesses the amended Canada's Amended Youth Criminal Justice Act introduction of deterrence as an additional sentencing aim through analyses of a subset of interviews with persistent male youth offenders recruited in a youth correctional facility in southern Ontario. The analysis attends to how the youths' accounts of violence, crime, and rehabilitative intervention efforts fit with government insistence that a stronger deterrence message is needed to reverse the damage of a justice system that scholars concur largely missed the global punitive turn. The paper concludes with a discussion of the relevance of the Canadian case to the globalization of juvenile justice, a development marked by the contradictory embrace of punitivism, on the one hand, and crime-prevention jurisprudence, on the other. [ABSTRACT FROM AUTHOR]

The effective delivery of mental health services in Canadian institutional settings has traditionally posed a challenge to the criminal justice system. Ineffective treatment options and methods of program delivery, inaccurate assessments and security classifications, the conditions in which prisoners live, restricted access to mental health professionals, high levels of individual strain, fragmented service administration, and a lack of continuity of care during the transition back to the community have all been found to have a significant negative impact on inmate mental health. The purpose of this paper is to review, and critique, the current literature on Canadian institutional mental health care and, based on this literature, make suggestions on how to improve the current system. [ABSTRACT FROM AUTHOR]

The critics assert that a significant proportion of incarcerated individuals suffers from mental health issues, i.e. ‘the criminalization hypothesis.’ The current paper reviews the scholarly literature to address five interrelated questions: (1) What are the risks of those classified as mentally ill for committing crimes and, in particular, violent crimes? (2) As the gatekeepers to the criminal justice system, what happens during ‘first encounters’ between the police with those who have mental illnesses? (3) What community-based services are available for effective diversions as an alternative to incarceration for those with mental illnesses? (4) What are the impacts of treatment options upon those experiencing mental illnesses while incarcerated, including the impact upon recidivism? (5) What types of pre-release planning and community responses have the most positive effects to help reduce recidivism and assist offenders in coping with mental health issues in the Canadian context? After summarizing key evidence pertaining to these questions, the paper presents case studies as exemplars of ‘best practices’ to illustrate promising directions conducive to integrated, holistic, and effective responses at the intersection of the criminal justice and mental health systems. [ABSTRACT FROM AUTHOR]

RCMP executives and the Canadian government promoted community justice forums (family group conferences) in the late 1990s. They did so because CJFs offered a process consistent with the national community-policing strategy. When this strategy changed, executives cut their support for the program. This paper argues that this “rise” and “fall” was a function of the program's theoretical and procedural alignment with shifting strategies of national governance. This raises a question about the role of restorative forums in Canadian governance. If such programs remain desirable, multi-agency forums (police, public schools, child welfare, immigration) may well align with the nascent governmental framework of public safety interoperability. The paper also considers another possibility: non-state local peacemaking forums. The conclusion discusses potential benefits and limits of these possibilities. It also offers general theoretical observations on the role of alignment in governmental programming. [ABSTRACT FROM AUTHOR]

This paper explores the contribution certain large Canadian cities may make to the over-representation of aboriginal people in the criminal justice system. The nine cities under study are large urban areas known in Statistics Canada terms as Census Metropolitan Areas (CMA's). The cities are located in eight provinces, and represent Western, Prairie, Eastern and Atlantic Canada. For the analyses, a variety of Statistics Canada and Department of Indian Affairs and Northern Development (DIAND) data, as well as Canadian Centre for Justice Statistics (CCJS) and Correctional Services Canada (CSC) data on aboriginal offenders and over-representation and other aboriginal criminal justice research, were analysed. The paper explores a number of theoretical concepts such as social disorganization, social learning theory, and posits others to understand the urban reality for aboriginal populations and, from that, regional variation in over-representation. Prairie cities appear to contribute disproportionately to the over-representation problem and advantage and disadvantage are disproportionately distributed in urban centres across the country. The nine cities are grouped into high, medium and low “contribution to over-representation” cities based on the demographics of their aboriginal populations. The paper suggests that more research is required to understand how advantage and disadvantage are bestowed on reserve and, by implication, on urban aboriginal populations. [ABSTRACT FROM AUTHOR]

This paper addresses the Conservative Party of Canada's three-phase effort (2007–2012) to amend theYouth Criminal Justice Actto prioritise public protection, accountability and victims' rights over prevention and rehabilitation. Drawing on critical discourse analysis and criminology and critical policy scholarship, the paper situates this tough-on-crime initiative in relation to a US-led punitive turn that Canada is belatedly catching-up on, positions this catch-up effort in relation to the Conservative's larger transforming Canada agenda, and explores cultural, institutional and political contingencies salient to its impacts on Canadian law and society. [ABSTRACT FROM PUBLISHER]

Fetal Alcohol Spectrum Disorder (FASD) is considered a lifelong disability that has been framed with neurobiological descriptions focused on the brain. These are important features but fail to tell the story of living with FASD. By surveying those with FASD, this work expanded upon prior survey work which illustrated a multitude of early-onset physiological issues occurring at rates much higher than is typical of the general population. The current project, again using an anonymous survey methodology, sought to open up other direct experiences to better understand the complexity of living with FASD. An anonymous online survey was used to gather data on adversity in childhood, schooling, employment, housing and finances, and involvement with the criminal justice system, as well as relationships and parenting. Results indicate high levels of adversity throughout the life span; vulnerability to manipulation, which is connected to involvement in the criminal justice system; struggles with housing; economic instability; and struggles maintaining employment, as well as difficulties with social and familial relationships. Systemic stigma was also identified. Suggestions are offered to inform others on how support can be enhanced and targeted with a goal of improving quality of life, as well as dealing with self-imposed stigma. The survey was developed by adults living with FASD who have served as a long-standing advocacy and educational group influencing policy and practice in the field. [ABSTRACT FROM AUTHOR]

Canada and China are two very different countries in terms of their socio-economic and political contexts; however, neither country is immune to the social problem of violence against women. This paper compares the criminal justice responses to violence against women in Canada and China in order to explore the pathway of responses to violence against women in different cultural contexts, and discusses the implications for addressing violence against women on an international horizon. [ABSTRACT FROM AUTHOR]

This paper explores police stop and search activities in Canada using data from a 2007 survey of Toronto residents. The paper begins by demonstrating that black respondents are more likely to view racial profiling as a major problem in Canada than whites or Asians. By contrast, white and Asian respondents are more likely to believe that profiling is a useful crime-fighting tool. Further analysis reveals that the black community's concern with racial profiling may be justified. Indeed, black respondents are much more likely to report being stopped and searched by the police over the past two years than respondents from other racial backgrounds. Blacks are also much more likely to report vicarious experiences with racial profiling. Importantly, racial differences in police stop and search experiences remain statistically significant after controlling for other relevant factors. The theoretical implications of these findings – and their meaning within Canada's multicultural framework – are discussed. [ABSTRACT FROM PUBLISHER]

This paper provides a theoretically based comparison of sentencing circles practiced by the First Nations Peoples of Canada with the Gacaca courts in Rwanda. It presents a description of each justice-oriented model and compares them engaging a restorative justice theoretical framework. It employs McCold’s typology and Zehr’s continuum in determining the relative ‘‘restorativeness’’ of each model. It then compares the models by exploring some key theoretical elements posited in the purist—maximalist debate in restorative justice and Braithwaite’s theory of responsive regulation. Using the comparisons this paper seeks to contribute to the purist—maximalist debate, providing insight into contentious concepts through their examination in two very different contextual settings. It is posited that Braithwaite’s theory of responsive regulation provides a structure that addresses the concerns noted in the two models as well as provides for the pursuit of holistic restorative practices while accommodating other restorative processes. [ABSTRACT FROM PUBLISHER]

Justice reform through legal technical assistance has emerged since the 1990s as a means to support developing and transition countries to reform governance structures. To date, few studies have examined which aspects of capacity development can best support the adoption, adaptation and local acceptability of international norms within local justice systems. This paper presents the findings of a mixed methods study of 14 Latvian participants involved in a Canadian justice reform project that established the Latvian State Probation Service (SPS). It provides empirical support for the view that development actors must support organizational policies that build the individual capacity required to engage in the reform process. [ABSTRACT FROM AUTHOR]

Copyright of Journal of International Migration & Integration is the property of Springer Nature 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.)

There are conflicting claims about whether women's imprisonment in Canada has followed the trend toward increasing punitiveness observed in a number of other western nations. This paper provides a detailed description of the scope of women's imprisonment in Canada since the early 1980s to adjudicate between these claims. Using different measures of imprisonment and data from federal and provincial prisons for women, the paper shows that we do not have convincing national evidence that there has been substantial growth in women's imprisonment Canada over the past few decades. There are however, some important gaps in the existing data that make it impossible to describe the full extent of the imprisonment of women and, more importantly, trends in the size of the population of women in prison. At the same time data from one province – Ontario – describe an important and disconcerting shift in the nature of women's imprisonment that has gone largely unnoticed by scholars: a large and growing proportion of the imprisoned female population is made up of women who are not serving sentences. The paper concludes with a call for more attention to the increase in the remand population and to what it means for theories of punitiveness. [ABSTRACT FROM AUTHOR]

Under Canada's Young Offenders Act (YOA, 1984-2003), the concept of diversion became an important feature of the youth justice system. Consisting of the formally constituted Alternative Measures program and other more informally administered procedures, diversion was developed as a means of responding to youth aged 12-17 years who have committed minor offences while minimizing their risks of stigmatization and recidivism. Although the YOA was subjected to persistent criticism concerning its ambiguity and contradictions, and was recently replaced by the new Youth Justice Criminal Act, very little research has been devoted to the implementation of young offender diversion programs. In this paper we present the results of a phenomenological inquiry into the practice of diversion in one large southern Ontario community. By regarding the implementation of diversion as a form of social policy appropriation by various professional groups, we highlight the perspectives of 17 practitioners who have had extensive experience in administering particular aspects of diversion programs. These perspectives differ in some fundamental ways, and thus help to illuminate the broad latitude that exists for discretionary decision-making in sanctioning youth who have committed minor offences. Such differences also reflect the variation of diversion practices and corresponding tensions among those responsible for this form of young offender disposition. The paper concludes by surmising that a two-tiered system of diversion is emerging that inadvertently may be diminishing the rights of minor young offenders. [ABSTRACT FROM AUTHOR]

clinicians, psychiatrists are unequivocally dedicated to relieving the suffering of those who are afflicted with mental disorders. However, the public and those individuals, who are assessed, find it difficult to draw a distinction between forensic psychiatrists acting in a clinical role and the very same professionals acting in an evaluative role, on behalf of the state. This paper examines the ethical issues raised by psychiatric involvement in the sentencing process. It rejects the view that a forensic psychiatrist, who undertakes an evaluation for the state, is to be considered as an advocate of justice who is not bound by conventional ethical duties to the individual whom he or she assesses. It contends that the forensic psychiatrist has an important role to play in presenting evidence that may result in the mitigation of the sentence that may be imposed on a person who is mentally disordered. The paper will focus on these issues in the particular context of the situation in England and Wales, Canada and the United States. [ABSTRACT FROM AUTHOR]

The abuse of process doctrine allows courts to stay criminal proceedings where state misconduct compromises trial fairness or causes ongoing prejudice to the integrity of the justice system (the "residual category"). The Supreme Court revisited the residual category in the 2014 case R v Babos. In Babos, the Supreme Court provided a three-stage test for determining whether an abuse of process in the residual category warrants a stay of proceedings. This article critically examines Babos and its progeny. Notwithstanding the Supreme Court's insistence that the focus of the residual category is societal, all three stages of the test remain disconcertingly preoccupied with the circumstances of the individual accused. Courts'reluctance to give undeserving accused the "jackpot" remedy of a stay has prevented the court from dissociating itself from state misconduct. Instead, courts have imposed remedies which inappropriately redress wrongs done to the accused. This paper suggests four ways for courts to better advance the societal aim of the residual category. First, a cumulative approach should be taken to multiple instances of state misconduct rather than an individualistic one. Second, courts ought to canvass creative remedies in considering whether an alternative remedy can adequately dissociate the justice system from the misconduct. Third, courts should avoid using terms like "unwarranted windfall" and "jackpot" to describe the remedy of a stay of proceedings. Finally, courts need not be so hesitant to stay proceedings. Properly applied, the abuse of process analysis carries minimal risk of "unwarranted windfalls." [ABSTRACT FROM AUTHOR]

This paper examines two Tragically Hip songs, 38 Years Old and Wheat Kings, with a view to understanding how they can be interpreted as a call both to reform and resist criminal law. In a reformist spirit, 38 Years Old can be interpreted as an imaginary hypothetical that suggests that judges should be able to devise exemptions from all mandatory sentences, including life imprisonment for murder. The song can also be interpreted as a demonstration that imprisonment must be resisted and endured by offenders and their families because it will always be violent and destructive. Wheat Kings similarly can be interpreted as a call to reform remedies for the wrongly convicted and to make legal determinations of innocence. At the same time, Wheat Kings exonerated David Milgaard in 1992 long before the Canadian legal system did. In doing so, it illustrates how art, like media and science, can resist the coercive conclusions of the criminal law and can make normative conclusions that can be seen as a form of law. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Sociology is the property of Canadian Journal of Sociology 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 INFOR is the property of Taylor & Francis Ltd 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.)

This paper seeks to generate further understanding of Indigenous knowledge, methods, and laws relating to Indigenous restorative justice as a means to consider how we might better resolve various forms of disputes and reinvent versus revise Canada’s criminal justice system. It also considers some of the ways in which funding and programming decisions of the state might obscure and perhaps even deepen the disparity in the relationship between Canada and Indigenous Peoples. Through various means, such as the use of indicators to support government agendas as well as theories of retribution and proportionality, the criminal justice system continues to be a site of ongoing colonialism. This paper considers how we might engage in decolonization by making more room for the holistic healing found within Indigenous models of restorative justice. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Psychiatry is the property of Sage Publications Inc. 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 sexual assault of persons with mental disabilities (also described as cognitive, intellectual and developmental disabilities) occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most sexual assaults of women with mental disabilities. We argue that existing Criminal Code provisions in Canada are inadequate to address this type of exploitation because courts have consistently failed to recognize that such abuses of power and trust are fundamentally inconsistent with any notion of voluntary consent. [ABSTRACT FROM AUTHOR]

In Canada, there is much focus on diversionary tactics and restorative justice programs designed to redirect offenders from the judicial processes and incarceration. This study examines the impact of race on accessibility to restorative justice, as well as the challenges of colonialism, and the potential role of neocolonialism in exacerbating the inequities of the Canadian criminal justice system with respect to restorative practice. This study of race-based access to restorative justice involves a critical examination of the origins of contemporary restorative justice through the application of Critical Race Theory. The phenomenon of over-representation of Indigenous persons in Canadian correctional institutions is considered in light of emphasis on reportedly Indigenous-based restorative practices in the Canadian criminal justice system. The study findings confirm that restorative justice practices in the Canadian criminal justice system are purported to be Indigenous based, but if one were to examine Indigenous culture and investigate the history of such practices, one would discover that this is not accurate. Moreover, Indigenous people do not enjoy the benefits of their alleged cultural traditions with respect to restoration of collective interests due to inequitable access to restorative practices built into the justice system. Despite this current reality, researchers continue to investigate restorative practice and practitioners continue to work toward the development of restorative justice programs that can be delivered in a manner respecting authentic Canadian Indigenous ways. [ABSTRACT FROM AUTHOR]

There is a consensus that some racial groups are over-represented in their contact with the Canadian justice system, but a lack of agreement about possible reasons for this over-representation. The two dominant explanations for disproportionate minority contact (DMC) with the police are differential involvement in crime and differential treatment by the police. Differential treatment may be due to disproportionate possession by minorities of risk factors for police contact or to discriminatory policing. This paper uses data on self-reported delinquency and police contacts from a representative sample of Canadian youth aged 12 to 17 years from the National Longitudinal Study of Children and Youth to test the hypotheses that DMC is due to differential involvement or to differential treatment due to disproportionate risk factors. The results indicate that there was disproportionate minority contact with the police, but no support was found for explanations of DMC in terms of either differential involvement or differential treatment due to risk factors. Distinguishing between youth who report violent delinquency and all other youth, DMC was found only for the non-violent youth; this DMC was also not explained by differential treatment due to risk factors. By eliminating other explanations, the results suggest that racially discriminatory policing may be one explanation for DMC in Canada. [ABSTRACT FROM AUTHOR]

This paper deals with the initial steps of the judicial process for persons with intellectual disabilities who are suspected of a minor offense; a stage where plaintiffs, police officers, and crown attorneys make a series of decisions that will have a significant impact on the course of the judicial process. The objective of this study was twofold: (i) to document the criteria that influence dispositions by police officers and crown attorneys about persons with intellectual disabilities in the criminal justice system (CJS), (ii) to report suggested improvements to better support them throughout the judicial process. Fourteen semi-structured interviews were conducted with key informants from the CJS and from service and community organisations working in the field of intellectual disabilities. The results of this qualitative study indicate that decisions made and dispositions taken rely on a series of implicit criteria that influence the course of the subsequent judicial procedures against persons with an intellectual disability. Suggestions for improvement pertain to developing the screening of intellectual disability procedures, the provision of information to key actors about intellectual disabilities, a preference for the use of summons to appear over other types of procedures, and drafting memorandums of understanding between various organisations and police services regarding persons with intellectual disabilities. In conclusion, an emphasis must be put on screening and diversion procedures for persons with intellectual disabilities when appropriate. [ABSTRACT FROM AUTHOR]

The Royal Canadian Mounted Police (RCMP), an iconic and highly respected Canadian institution, has come under extreme criticism in recent years, leaving its future existence in question. This paper reviews the pivotal problems that led the RCMP to this state of crisis, using four recent scandals that have particularly eroded its reputation to illustrate. It suggests that signs of the malaise have been present for some time, but downplayed or missed due to the RCMP's stellar reputation. The authors bolster their contention with data collected a number of years ago demonstrating that a sample of 129 RCMP constables perceived themselves to be less in control, to have less workplace social support, and experienced greater levels of psychological distress than a control group of 60 municipal constables. They conclude that the RCMP will have to undertake immediate and significant reform to regain its respected role in Canadian society. [ABSTRACT FROM AUTHOR]

This paper reviews common law and statutory developments in the treatment of children as witnesses in Canada's criminal justice system, where children who are victims of abuse testify with increasing frequency. Historically, children were regarded as inherently unreliable witnesses, and there were no provisions to accommodate their needs and vulnerabilities; this treatment by the justice system contributed to the abuse and exploitation of children. Reflecting a growing body of research on child development, and a better understanding of the effects of the court process on children, over the past quarter century there have been substantial reforms in the law and the administration of justice. The law now better reflects what is known about the competency of child witnesses, as well as about their vulnerabilities. The paper includes a review of legislation and leading precedents, and a summary of the responses of Canadian judges to a survey about the most recent legislative reforms. The case law and survey reveal that judges are generally supportive of the reforms. [ABSTRACT FROM AUTHOR]

The Youth Criminal Justice Act (2003) was enacted with the intent of decreasing the use of courts and restricting the use of custody for adolescent offenders, while improving the effectiveness of the responses to serious violent youth offenders. This paper assesses the impact of the act in its first five years. It reviews salient provisions of the act dealing with sentencing and diversion, discusses Supreme Court of Canada jurisprudence interpreting the act, and presents statistical data on the impact of the YCJA on diversion and sentencing of youth and on youth court and custodial caseloads. The Supreme Court has narrowly interpreted the provisions of the YCJA that allow for the use of custody, contributing to a reduction in use of custody. The Court has also emphasized that youth are to be treated differently from adults and ruled unconstitutional provisions of the YCJA that created a presumption of adult sentencing for the most serious offences by young offenders, limiting the effect of provisions of the act directed at serious violent offenders. The YCJA has succeeded in significantly reducing the rates of use of court and custody, without increasing recorded youth crime. There continue to be significant regional variations in rates of use of youth courts and custody. Although regional differences in the use of court have declined under the YCJA, variation in the use of custody has not been significantly affected by the new act. Youth crime remains a contentious political concern in Canada. [ABSTRACT FROM AUTHOR]

Asian criminals known as the 'Big Circle Boys' (BCB) are a growing concern to law enforcement agencies in Canada and the United States. However, no academic study has been undertaken to investigate them. This paper examines whether there is any basis for identifying the BCB as a criminal group. The background of the BCB is briefly discussed, and a case study from the 'first-generation' BCB is presented, using a criminal memoir and testimonial evidence. The 'Flaming Eagles' is shown to be an organisation comprising several BCB subgroups, unified by leader Johnny Kon. This criminal group had membership procedures and rules, and was primarily involved in the heroin trade. Within the organisation, there was no clear division of labour except for the specialised role of the courier. Three distinct levels of hierarchy were apparent during most of its existence, except for the period when a five-person committee was in place. Internecine wars accounted for some of the fatalities among members and associates, while the rest were mostly attributed to assassination orders resulting from business disputes or betrayal. Analytical definitions are also surveyed for the criminal organisation models of organised criminal group (OCG), mafia and criminal firm. The Flaming Eagles is found to best fit the criminal firm model, since it lacked the territoriality characteristic of an OCG and did not provide protection as mafias do. [ABSTRACT FROM AUTHOR]

Applying the principles of harm reduction within the context of incarcerated populations raises a number of challenges. Although some access to harm reduction strategies has been promoted in general society, a divide between what is available and what is advocated continues to exist within the prison system. This paper explores the perceptions and lived experiences of a sample of nationally incarcerated women in Canada regarding their perceptions and experiences in accessing HIV and Hepatitis C prevention, care, treatment and support. Indepth interviews were conducted with 156 women in Canadian national prisons. Q.S.R.Nud*ist© was used to assist with data management. A constant comparison method was used to derive categories, patterns, and themes. Emergent themes highlighted a gap between access to harm. reduction in policy and in practice. Despite the implementation of some harm reduction techniques, women in Canadian prisons reported variable access to both education and methods of reducing HIV/HCV transmission. Concerns were also raised about pre- and post-test counseling for HIV/HCV testing. Best practices are suggested for implementing harm reduction strategies within prisons for women in Canada. [ABSTRACT FROM AUTHOR]

Garland (2000; 2001) suggests that the liberal elite in the United Kingdom and the United States no longer sees itself as isolated from the everyday effects of crime. The result of this new experience of crime, he suggests, is that support among the liberal elite for punitive segregation is no longer lower than that of other citizens. In this paper, we look at Canadian evidence relevant to these two propositions. Data from national surveys are supportive of the analysis that David Garland presents for the decline in support for rehabilitative, reintegrative, or correctionalist crime control strategies. [ABSTRACT FROM AUTHOR]