Professional Documents
Culture Documents
Resources For Canadian Criminal Law and Procedures Curiculum
Resources For Canadian Criminal Law and Procedures Curiculum
This resource guide was developed through the generous support of the Janice Thomson
Memorial Award administered through the Curriculum Services Canada Foundation. The Award
is presented to secondary school teachers developing learning resources for the Arts, History and
for Special Education or at-risk youth in memory of Janice Thomson.
Rose Dotten, Director, Library and Information Services, University of Toronto Schools;
OISE/UT was selected as the recipient of the Award for 2002. Rose and team member Reg
Hawes, OISE/UT History and Social Sciences teacher, along with assistance from Paul
McKenna, Jennifer Borda, and Rachel Powell collaborated during the development of this
resource.
Acknowledgement
The Curriculum Services Canada Foundation provided financial support to the writer of this
resource through its Grants and Awards Program for Teachers.
Appendix A shows how this resource supports the Course Profile that was developed to support
the Understanding Canadian Law, University/College Preparation course in the Ontario
secondary school curriculum.
The guide identifies resources that provide general information about Criminal Law and
Procedures. These are followed by resources organized under the headings:
• What is a Crime?
• Trial Procedures
• The Court System
• Sentencing
• Criminal Law and Young People
Many issues in contemporary Canadian criminal law and procedures impact on students’ daily
lives and draw upon experiences and circumstances that are immediately topical and relevant. By
having access to the most current materials available through Canadian law faculties and
institutions, professional organizations, and judicial and government sources of information,
students are exposed to community-based learning as it reflects many of the experiences and
career opportunities available to secondary school students.
This guide to resources is designed so that teachers, using a variety of teaching and learning
strategies, can facilitate student learning as they:
Websites listed in this guide offer contacts within the executive or senior management levels of
these organizations. Teachers can establish direct links for ongoing input and support.
The Public Legal Education Task Force was charged with a mandate to “strengthen the links
between the justice system and the public by supporting public legal education activity and
launching new initiatives.” The Ontario Judiciary under the direction of Ontario Court of
Appeal Chief Justice Roy McMurtry, Ontario Superior Court Chief Justice Patrick LeSage and
Ontario Court Chief Justice Brian Lennox, has established the Ontario Justice Education
Network (OJEN). This legal education initiative is an opportunity for collaboration in
providing the most comprehensive source of legal information to create informed citizens
among our young people in a democratic society. “OJEN is a forum for leading institutions
and individuals from the legal, education, and other sectors to work together on initiatives
designed to foster the public’s understanding of our justice system. It supports popular
programs such as Courtrooms and Classrooms, which is reaching many thousands of students
through a network of local education committees around the province.”
Source: http://www.ontariocourts.on.ca/ojen/index.htm
Print
Allec, John, ed. The Blue Book 2000: Directory of Community Services in Toronto. Toronto:
Community Information Toronto, 2000. ISBN 0-9210-0146-0
This book is an extensive directory to agencies and services in Toronto. It provides an initial
contact list for research and information.
Dranoff, Linda Silver. Everyone’s Guide to the Law: A Handbook for Canadians. Toronto:
Harper Collins Publishers Limited, 2001. ISBN 0006391230
This comprehensive guide covers rights and responsibilities of teenagers in a variety of
situations, such as in cases dealing with adoption, access to abortion, and access to information
rights.
Hutchinson, Allan. Legal Ethics and Responsibility. Canada: Irwin. 1999. ISBN 1-55221-030-8
This book is an accessible introduction to legal ethics. It examines the issue of whether personal
responsibility to clients should take precedence over professional regulation.
Proulx, Michel and David Layton. Ethics and Canadian Criminal Law. Canada: Irwin, 2001.
ISBN 1-55221-044-8
This text provides a survey of the most important ethical issues faced by criminal lawyers. Each
chapter provides a detailed discussion of the particular issue with real and hypothetical examples
that can be used to engage students in talking abut how these situations could be handled.
Quinlan, Don. Government: Participating in Canada. Toronto: Oxford University Press, 1999.
ISBN 0195412796
This book explains how laws are passed, and how the legal system works. Aboriginal law and
the responsibilities of citizenship are also covered in this book.
Rodrigues, Gary P. Pocket Criminal Code 2002. Toronto: Carswell, 2002. ISBN 0-459-26906-2
The Criminal Code of Canada lists all the criminal laws in Canada. This is reference for students
researching the content of criminal law in Canada.
Yogis, John A. Canadian Law Dictionary. Hauppauge, NY: Barron’s Educational Series, Inc.,
1998. ISBN 0-7641-0616-3
This is a comprehensive dictionary of terms and phrases that pertain to Canadian national,
provincial, and local law.
Websites
General
Access to Justice Network – http://www.acjnet.org/
The Legal Studies Program at the University of Alberta provides access to federal, provincial,
and territorial statutes and legislative materials, as well as current legal news, links to legal
magazines, lesson plans, FAQs, and additional useful information. The site also has search
capability and a French language version. Language materials are also available through a search
in the English language site.
Canadian Law Cases – http://www.acjnet.org/cdn_law/cases.cfm
This section provides links to case decisions from a variety of jurisdictions and on a
variety of topics.
Administration of Justice – The Nisga’a Nation – http://www.ntc.bc.ca/treaty/admin.htm
This site sets out the involvement of the Nisga’a Nation in policing, in the provision of
community correction services, and in the establishment of a Nisga’a Court. The site provides a
perspective on balancing local Aboriginal needs within the structures of laws of British
Columbia and Canada. It offers students insight into the development of standards that meet
those of other jurisdictions within the laws of Canada yet recognizing the specific needs of a
group of peoples. The question-and-answer format poses a relevant examination of issues and
structures.
The Ontario Bar Association Law Day affords many opportunities for secondary school law
students. They include:
• a law website competition for students, Grades 9-12;
• court tours in Toronto and other cities in the province;
• speakers from the legal system including judges, lawyers, crown attorneys and other justice
system available to visit at a teacher’s request (Teacher Request Forms and a list of contacts
are available at – http://www.ontariocourts.on.ca/
• a Duty Counsel/Student Matching Program that allows students to “job shadow” a duty
counsel from the offices of Legal Aid Ontario for a day in criminal court – for registration
see – http://www.oba.org/lawday_en/duty_counsel.asp
Law Libraries
Brian Dickson Law Library – http://www.uottawa.ca/library/droit-law/index.html
The Brian Dickson Law Library is located on the University of Ottawa campus. Its website
provides a direct link to ORBIS, (the library network catalogue); an ‘Ask the Library’ feature;
and lists and abstracts of journal articles, law reports and statutes. Links include those to the
Faculty of Common Law, the Faculty of Civil Law, and the HRREC (Human Rights Research
and Education Centre). The site also maintains a virtual law library, which provides a list of legal
databases, and sites useful to law students.
The Law Society of Upper Canada Library (The Great Library) – http://library.lsuc.on.ca
This Library site allows users to search the catalogue. The home page index offers a What’s New
in Law section that contains citations and links to items of general interest such as significant
legislation amendments and case law developments. The information is categorized under such
categories as Family Law, Law and Technology. The Legal Research section links to cases and
includes Legal Research Tips and Citation Rules.
Police Organizations
Ontario Association of Chiefs of Police – http://www.oacp.on.ca/
This Association has seven zones across the province. The OACP site includes an extensive
collection of resources that may be adapted or incorporated to augment many of the topics with
the criminal law strand.
Organizations/Human Resources
Canadian Association of Elizabeth Fry Societies (CAEFS) – http://www.elizabethfry.ca/
The Canadian Association of Elizabeth Fry Societies works with, and on behalf of, women
involved in the justice system. The site includes annual reports, presentations, and information
from conferences all dealing with Women and Incarceration. There is a section on Women’s
prisons and reports on issues impacting women in prison. The section on Restorative Justice
explores alternatives to incarceration and one section discusses literacy needs of women in
prison. Another section of particular relevance is the section relating to Young Women and the
CAEFS response to proposed amendments to the YOA (Young Offenders’ Act). There are a
number of links to resources on prison issues and violence against women.
Video
A Test of Justice – http://www.csc-ccc.gc.ca/text/pubed/nouveauregard_e.shtml
Inside Out is a Teacher’s Kit designed for high school students. A series of enjoyable, fact-based
learning activities encourage students to take a fresh look at the criminal justice system. In
particular, the Kit focuses on corrections and conditional release – it looks at what happens to an
offender behind bars. Inside Out includes comprehensive teachers’ notes and interactive
components such as a video, student activities, handouts, and slides. The video A Test of Justice
recreates one man’s experience with the system. It follows an offender through his arrest,
imprisonment, and conditional release into the community, in order to show how Canada’s
criminal justice system works.
A Question of Justice (Series) Toronto: TV Ontario, 1993. 59 min. each (Distributed by McGraw
Hill Ryerson)
The series of 11 videos includes teacher’s resource guides. The titles are:
Access to Justice
Between the Crime and the Courtroom
Family after Family
He who looks upside down
It’s a free country
Old enough to hurt
Out of Control
To be equal…or not to be
Victims and Witnesses
What about my rights?
Your day in court: the criminal justice process
Each section provides an opportunity for the teacher to apply a Research and Inquiry model that
integrates the Four Stage Research Process (Prepare, Access, Process, Transfer) of the Ontario
School Library Association (OSLA) Information Studies Model with the Methods of Legal
Inquiry strand of the curriculum document. These strategies for inquiry offer students a range of
research options for tackling the individual topic areas and Independent Study Units.
Resources
Print
Gauntley, T., E. Kerr, and R. Dotten. Information Studies: Kindergarten to Grade 12. Toronto:
Ontario School Library Association. 1999.
This text outlines the Four Stage Framework for a resource process applicable to all subject
areas: preparing for research; accessing resources; processing the information; and transferring
findings to other areas of life and communicating the product. It includes sections on Inquiry and
Research, Information Technologies, and Information and Society.
Gordon, S. and S. Elkhadem. The Law Workbook: Developing Skills for legal research and
Writing. Toronto: Edmund Montgomery Publications Ltd., 2001. ISBN 1-55239-084-5
This workbook familiarizes students with the court system. It provides exercises that show
students how to read, research, and analyse problems as a lawyer.
Tjaden, Ted. Legal Research and Writing. Toronto: Irwin Law. 2001. ISBN 1-55221-050-2
This book provides a practical and useful approach to the skills required in searching for legal
materials and for legal writing. It consolidates information on legal research for both the
practitioner and the student, by providing the latest techniques and skills. It includes chapters on
legal research malpractice and the acquisition of research resources. Teachers can use this
resource to assist students in acquiring the skills legal inquiry and to develop research skills that
are transferable to other courses.
Doing Legal Research in Canada [maintained by the Law Library Resource Xchange]
– http://www.llrx.com/features/ca.htm
An online guide to facilitate foreign researchers in examining Canadian legal research. It
provides access to various law libraries and legal journals, as well as links to primary and
secondary Canadian legal research.
Criminology is the study of the nature, causes, treatment, or punishment of criminal behaviour.
Using the social sciences and forensic sciences, criminology is a significant field of study that
provides insights often overlooked in secondary school law classes.
Resources
The links and resources provide information on such things as how crimes are defined, and how
criminal behaviour, legal and penal institutions can be viewed from a perspective that may be
very different from those officially involved in the criminal justice system. Most of the resources
listed here are university oriented. However, teachers and students may find these resources
engaging and useful.
Print
Abell, J. and E. Sheehy. Criminal law and procedure: proof, defences and beyond. 2nd Edition.
Toronto: Captus press, 1998. ISBN 1-896691-37-4
This text is both a law casebook and a critique of law as it draws on traditional legal materials,
cases, and legislation. The two volumes are intended for law and legal studies students as well as
those studying sociology. The books are also well suited for courses on criminal law and
procedures, criminology, sociology of law, women and criminal law, and Aboriginal peoples and
criminal law.
Delisle, R.J. and Don Stuart. Learning Canadian Criminal Procedure. 6th Edition. Toronto:
Carswell (Thompson Professional Publishing), 2000. ISBN 0-459-27647-6
This text focuses on the tension that exists between the rights of the accused and effective law
enforcement with emphasis on both the pre-trial and trial procedures. It contains a selection of
primary sources combined with narrative text.
Siegel, Larry J., McCormick, Chris. Criminology in Canada: Theories, Patterns, and Typologies.
Toronto: ITP Nelson Canada, 1999. ISBN 0-17-616975-X
This text covers topics such as how criminologists define and analyse crime, criminal law, crime
rates, victims of crime, and crime theories.
Websites
Criminal Code of Canada – http://laws.justice.gc.ca/en/C-46/
The complete Criminal Code of Canada is contained here with interpretation information, and all
aspects that are of interest and importance to citizens of Canada. There is a section on forms and
warrants required for certain legal undertakings. This is a reference for all the Consolidated
Statutes and Regulations with a searchable interface. There is a disclaimer that indicates these
documents are not the official version although they are on the Department of Justice website.
The entire Criminal Code can also be downloaded as a text file from the following site:
– http://insight.mcmaster.ca/org/efc/pages/law/cc/cc.html
Video
Between the Crime and the Courtroom. 30 minutes. TV Ontario, 1991. (Distributed by McGraw
Hill Ryerson) (Part of the A Question of Justice Series – see General Resources)
This video deals with search and seizure and with presumption of innocence. It includes four
cases that highlight these two legal rights guaranteed under the Charter of Rights and Freedoms.
The teacher’s resource provides teaching strategies, before-viewing, and after-viewing student
activities. It also includes an answer key, additional readings, and further resources.
Resources
Print
McKenna, Paul F. Police Powers I. Toronto: Prentice Hall, 2002. ISBN 0-13-040696-1
Chapter 2 focuses on police powers of arrest and release and explains the rights of the accused
under arrest or detention. Chapter 3 focuses on the investigation process of search and seizure for
police and includes powers of search under federal and provincial statutes.
Mewet, Allan. An Introduction to the Criminal Process in Canada. Third Edition. Toronto:
Carswell, 1996. ISBN 0-459-27665-4
This book is designed to explain the criminal process to an audience without criminal law
training. It covers areas such as crime and investigation, constitutional guarantees, trial
procedures, defences, convictions and punishment, and young offenders.
Websites
Canadian Charter of Rights and Freedoms: Legal Rights
– http://laws.justice.gc.ca/en/charter/index.html
A complete copy of the Canadian Charter of Rights and Freedoms is available with links to
navigate between sections. This site has descriptions of Canadians’ rights during police
investigation and arrest processes. Topics include search and seizure rights; detainment or
imprisonment rights; and rights, if arrested by police.
Youth Criminal Justice System: Behind the Scenes – (The John Howard Society)
– http://edm.johnhoward.org/education/ethics.htm
This teacher’s guide on the arrest process and youth court procedures and outcomes (sentencing)
contains overhead transparencies that are applicable to all the topics in Criminal Law and
Procedures as they relate to youth. There are a number of relevant worksheets included that can
be used with each of the activities contained in the guide.
Hey, I’ve Got Rights! Ontario: Community Legal Education Ontario, 1991. 22 min.
This video presents a collection of five skits portraying basic legal rights for youth. The program
offers important information on the Young Offender’s Act, search and arrest procedures, and
rights to support services.
To Catch a Thief: A Portrait of a Shoplifter. Edmonton: John Howard Society, 1992. 18 min.
This is a dramatization that illustrates the seriousness of shoplifting and its impact on one young
person’s life. The viewer follows the young person from the time of the offence, through to the
arrest and subsequent sentencing.
First Nation Blue. Canada: National Film Board of Canada, 1996. 48 min.
This video illustrates the changing attitudes of the police officers that serve First Nation
communities in Ontario. It features three officers who show that instead of being outsiders
forcing the people to change, police are now adapting themselves to address the specific needs of
Native peoples.
Resources
Print
Profile of the Courts in Canada 1997. Ottawa: Statistics Canada, 1998. ISBN 85-511-XPE
This guide to the court system in Canada contains organizational charts and information about
jurisdiction, duties, responsibilities, and court services. Organized for both provincial and federal
level courts, this publication aptly illustrates the structure of the Canadian jurisprudence system.
McCormick, Peter. Canada’s Courts. Toronto: James Lorimer & Company Ltd., 1994.
ISBN 1550284347
A social scientist’s groundbreaking account of the Canadian Judicial System, this resource
considers the court system from a social science, rather than a legal perspective and covers
provincial courts, superior courts, federal courts, and small claims courts.
Paciocco, David and Lee Stuesser. The Law of Evidence. Canada: Irwin, 1999.
ISBN 1-55221-038-3
The book covers the rules that affect how evidence is presented, what evidence can be received,
and what use can be made of the evidence. The authors also provide a general thematic
discussion of the forces that impinge on the law of evidence.
Pink, Joel E. and David C. Perrier. From Crime to Punishment. Toronto: Carswell, 1999.
ISBN 0-459-27173-3
This book contains a series of in-depth articles examining various aspects of criminal law and
procedure, including DNA evidence; the Young Offenders Act; proceeds of crime; publication
bans and media restrictions. It includes a glossary of terms commonly used in the criminal justice
system.
Macdonald, Alex. Outrage! Canada’s Justice System on Trial. Canada: Raincoast Books, 2000.
ISBN 1-55192-230-4
This controversial book by a former British Colombia Attorney General asks the contentious
question: Is justice being served by Canada’s current criminal justice system? First published in
1999, this edition contains new and updated material throughout.
Websites
ACJNet: Canadian Law Cases – http://www.acjnet.org/cdn_law/cases.cfm
This section of the ACJNet site provides links to case decisions from a variety of jurisdictions
and topics relevant to the study of the Court System.
Milgaard Compensation
– http://cbc.ca/cgi-bin/templates/view.cgi?/news/1999/05/17/milgaard990517
A CBC article from May 17, 1999 describes the 10-million dollar compensation package
awarded to David Milgaard for twenty-two years of wrongful imprisonment for the violent rape
and murder of nursing aide Gail Miller in 1970.
Prisons, parole and beyond. Canada: Canadian Broadcasting Corporation, 1997. 39 min.
This video presents a number of discussion topics related specifically to the Court System in
Canada: boot camps/wilderness camps, parole, prison reform, recidivism, rehabilitation, rights of
parolees, sentencing and treatment of young offenders.
Note: Previewing recommended as some segments contain mature subject matter and sensitive
topics.
Your Day In Court. Ontario: TVOntario (4859), 1993. 59 min. (Distributed by McGraw Hill
Ryerson) (Part of the A Question of Justice Series – see General Resources)
A young woman accused of stealing from her employer learns firsthand how the Canadian legal
system works from the role of court personnel to legal aid. Young offenders convicted of actual
crimes talk about their experiences with the law.
Resources
Print
Manson, Allan. The Law of Sentencing. Toronto: Irwin Law, 2001. ISBN 1-55221-029-4
This book outlines the legal principles and rules about the current process of sentencing in
Canada. It provides in-depth insight into the decision-making methodology, particularly the
relevant rules and principles the judiciary applies when sentencing offenders. It also explains the
structure and procedure of the sentence hearing and provides a detailed account of available
sentencing options.
Websites
Canadian Association of Elizabeth Fry Societies (CAEFS) – http://www.elizabethfry.ca/
The Canadian Association of Elizabeth Fry Societies is an association that works with, and on
behalf of, women involved in the justice system. The site includes annual reports, presentations,
and information from conferences all dealing with Women and Incarceration. There is a section
on Women’s prisons and reports on issues impacting women in prison. The section on
Restorative Justice explores alternatives to incarceration and one section discusses literacy needs
of women in prison. Another section of particular relevance to this strand is the section relating
to Young Women and the CAEFS response to proposed amendments to the YOA (Young
Offenders’ Act). There are a number of links to sources on prison issues and violence against
women.
Video
Correctional Service of Canada – http://www.csc-scc.gc.ca/video/cc_e.shtml
The programs through CSC are designed to serve the specific needs of different groups among
offenders; Aboriginal, and women offenders, for example, have special needs that require
carefully targeted programs. Other programs provide assistance to the families of offenders and
to victims of crime. The Chaplaincy Program addresses the spiritual needs of offenders.
Creating Choices video topics include: Spirituality at the Okimaw Ohci Healing Lodge through
the eyes of an inmate/of a native elder; Various programs to help women safely reintegrate into
the community; participation in correctional programs can bring about a new beginning; the
mother-child program; and community involvement in the reintegration process
Resources
Print
Bala, Nicholas. Young Offenders Law. Toronto: Irwin Law, 1997. ISBN 1-55221-025-1
This book provides a comprehensive overview and examination of this area of law that is of
great significance and controversy in Canadian law. It provides a broad perspective on political
and social issues that affect families and youth and examines the Young Offenders Act and the
youth justice system.
Platt, Priscilla. Young Offenders Law in Canada. 2nd ed. Toronto: Butterworths, 1995.
ISBN 040980990X
This is an appropriate reference for everyone interested in the youth justice system.
It can assist readers who require a practical understanding of the legislation and at the same time
satisfy the needs of those who require a more detailed treatment of the issues.
Websites
Justice for Children and Youth – http://www.jfcy.org
The organization provides legal representation to children and youth from low-income families
in Toronto and area. It is a community legal clinic specializing in protecting the rights of those
facing conflict with the legal system, education, social service or mental health services. The site
provides information on issues such as Leaving Home, School, The Young Offenders Act,
Police, Age Based Rights, Peer Mediation, and also has an ‘Ask a Lawyer’ section.
Video
Old Enough to Hurt. TV Ontario, 1993. 59 min. (Distributed by McGraw Hill Ryerson) (Part of
the A Question of Justice Series – see General Resources)
The video examines the Young Offenders Act and compares it to the Juvenile Delinquents Act it
replaced. It considers the role courts have in interpreting the laws and sentencing youth.
Judge for Yourself: Inside the Young Offenders Act. Ministry of Supply and Correctional
Services Canada, 1995. 30 min.
Do young offenders have it easy? How does the system work? Host Laurier Lapierre guides two
young people through the justice system, to find out what it is like to be a young offender. There
is first hand information from several youths and young offenders and people who work with
them