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Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented. Improved economy helped Canada’s rate of crime decrease since the 1990’s but different evidence suggests that methods used in response to serious crimes during that time may have influenced the crime trends. The Constitution Act of 1867 contains the authority to enact criminal laws and procedures to be followed by the federal government (Welsh & Irving, 2005). First enacted in 1892, the Criminal Code, continually revised, is used for setting out two main categories of offense: indictable and summary conviction, indictable being homicide and robbery, more serious kinds of crime with involved trials (Welsh & Irving, 2005). Canada is also known for its Royal Canadian Mounted Police (RCMP) and these police ... ... middle of paper ... ... References 1. Anand, A. (2011). Combating terrorist financing: Is Canada’s legal regime effective? University of Toronto Law Journal, 61(1), 59-71. Retrieved from http://library.mtroyal.ca:2078/journals/university_of_toronto_law_journal/v061/61.1.anand.html 2. Stewart, M. (2011). The space between the steps: reckoning in an area of reconciliation. Contemporary Justice Review, 14(1), 43-63. Retrieved from http://www.informaworld.com/smpp/content~db=all?content=10.1080/10282580.2011.541076 3. Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
Schneider, Stephen. Iced: The story of organized crime in Canada. Mississauga: John Wiley and Sons, 2009.
A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it. Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with numerous images of violence. Many of which often portray a victim avenging their opponent by means of force. Thus, indoctrinating a nation of individuals to believe that it is only through aggression that problems can be resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition, the success of films like The Godfather, Gladiator, and Troy further aid in reinstating the fact that we live in a society that praises violence. Furthermore, this ideology allows for individuals to partake in violent acts with little or no backlash from ones community. However, when an individual strays away from the “norm”, they are likely to then be viewed as a deviant. Such cases of rejection within a society, are often seen in the portrayal of serial killers. Although our society tends to condone violence when it is directed towards a specific individual(s), it does not allow the killing of innocent bystanders. Instead, crimes that are targeted against a number of people over a long period of time, entail the harshest forms punishments under the law. Sadly, in executing the law for said crimes, those in charge often face much public scrutiny. Such occurrences were apparent in the faulty murder investigations of Canada's most notorious serial killer Robert Pickton. This is due to the ...
Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Daly, Kathleen, Goldsmith, Andrew, and Israel, Mark. 2006, Crime and Justice: A guide to criminology, third addition, Thomson, Lawbook Co.
Siegel, L. J., & McCormick, C. R. (1999). Violent Crime. Criminology in Canada: theories, patterns, and typologies (p. 278-287). Toronto: Nelson Canada.
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
..., Larry J. (2006). Criminology: Theories, Patterns, & Typologies, 9th edition. Belmont, CA: Wadsworth Publishing. ISBN 0-495-00572-X. Print. 25 Feb 2014.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.
After the hungry 40’s, in the 19th century when the benefits of the industrial revolution began to appear, crime rates went down because food prices were more stable and sometimes decreasing and there was a higher amount of exports of industrial goods leading to more money. (Clive Emsley, Crime Reasoning Notecard, 41.) The police played a very small role in the decrease in crime but the years of carefully thought out policing systems ..
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.