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Criminal
Eighth Edition
Justice
in Canada
Colin Goff
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Preface xix
Highlights of the Eighth Edition xx
Instructor Resources xxii
Student Ancillaries xxiii
Acknowledgments xxiii
KEY FEATURES xxiv
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
NEL Contents ix
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
NEL Contents xi
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
NEL Contents xv
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
GLOSSARY 435
INDEX 443
List of Exhibits
Exhibit 1.1 Differing Definitions of Crime 5
Exhibit 1.2 Benefits and Limitations of the Adversarial System of Justice 8
Exhibit 1.3 Ruth and Reitz’s Unified Goals of the Criminal Justice System 15
Exhibit 1.4 Selected Prosecutions on a Terrorism Charge 28
Exhibit 1.5 Timeline for Selected Anti-Terrorism Measures in Canada 29
Exhibit 2.1 Sexual Assault Legislation in Canada 39
Exhibit 2.2 The Charter of Rights and Freedoms: Legal Rights of the Accused and the Canadian
Criminal Justice System 55
Exhibit 3.1 Comparison of Ontario and National Sex Offender Registries 101
Exhibit 4.1 The Social Construction of Crime Statistics: Selected Elements 112
Exhibit 4.2 Legislative Changes 123
Exhibit 4.3 Features of Ethnographic Research 127
Exhibit 5.1 The Mandate of the London Metropolitan Police Force (1829) 146
Exhibit 5.2 The Principles of Policing by Consent 147
Exhibit 5.3 Selected Characteristics of the Professional Model of Policing 149
Exhibit 6.1 What Are the Activities of Patrol Officers? 174
Exhibit 6.2 What Are the Policing Styles of Patrol Officers? 174
Exhibit 6.3 Selected Criticisms of Reactive Policing 177
Exhibit 6.4 The Principles of Problem-Oriented Policing 184
Exhibit 6.5 The Advantages of Problem-Oriented Policing 185
Exhibit 6.6 Community Policing Strategies 186
Exhibit 6.7 What Is the Focus of Predictive Policing? 190
Exhibit 7.1 Police Alternatives When Arresting without a Warrant 204
Exhibit 7.2 Types of Use of Force 215
Exhibit 7.3 The Pros and Cons of Citizen Oversight 222
Exhibit 8.1 Court Jurisdiction over Criminal Code Offences, Sections 469 and 553 234
Exhibit 8.2 Types of Legal Aid 242
Exhibit 8.3 Models of Prosecutorial Decisions 243
Exhibit 9.1 The Appointment of Amicus Curiae 263
Exhibit 9.2 Selected Powers of Defence Lawyers 271
Exhibit 9.3 Selected Powers of Crown Prosecutors 272
Exhibit 9.4 Selected Powers of Judges 274
Exhibit 10.1 Sentencing Options 295
Exhibit 10.2 The Purpose of Sentencing 299
Exhibit 10.3 The Objectives of Just Sanctions 299
Exhibit 10.4 The Principles of Sentencing in Canada 300
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
NETA PowerPoint
Microsoft® PowerPoint® lecture slides have been prepared for every chapter by David
Mikelberg, Guelph Humber University. These slides summarize key concepts and fea-
ture key figures, tables, exhibits, and photographs from Criminal Justice in Canada. The
notes pages provide additional instructor support, with further lecture ideas, current
topics, and suggestions for student engagement (a pared-down student version without
instructor notes is also available). NETA principles of clear design and engaging content
have been incorporated throughout, making it simple for instructors to customize the
deck for their curses.
Image Library
This resource consists of digital copies of figures, tables, exhibits, and photographs used
in the book. Instructors may use these jpegs to customize the NETA PowerPoint or
create their own PowerPoint presentations.
Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Acknowledgments
Writing a text for an area as diverse and challenging as the Canadian criminal justice
system often requires the assistance of people who are willing to share their knowledge,
time, and support. Two individuals deserve recognition for their assistance in seeing this
project through to its completion. In particular, the assistance of Kimberley Ducey has
been very much appreciated. Inspector Robert W. Bangs of the RCMP was more than
generous in giving up his personal time to offer his expertise, and it too was always much
appreciated.
The training given to me by Gilbert Geis of the University of California, Irvine, and
continued support provided by Francis Cullen of the University of Cincinnati, both
teachers and colleagues, have contributed to this text in many intangible ways.
Many individuals who work at Nelson Education deserve recognition. Their enthu-
siasm, patience, tact, and positive support was always appreciated. More than special
thanks go to Gail Brown, whose excellent editorial advice and assistance was always
insightful and welcomed. Her tireless efforts and advice throughout the development of
the text were appreciated and added to the overall quality of the final product in so many
ways. Publisher Leanna MacLean’s vision of how digital resources could enhance the
learning experience of students was both insightful and creative. At the production stage
of the manuscript, the efforts of Kelli Howey and Shannon Martin guided the successful
transformation of the manuscript into the final text. I would also like to thank marketing
manager Claire Varley and all the Nelson sales representatives across Canada for their
hard work in bringing this text to the attention of instructors.
Finally, the reviewers of this and past editions deserve special mention for their
detailed comments. I appreciate all of their efforts, and many of their suggestions were
incorporated into the final text. My thanks go to the following for their feedback for
the eighth edition:
Beth de Beer, Douglas College
Ellen Faulkner, Vancouver Island University
Graham Hudson, Ryerson University
Marc Laferriere, Mohawk College
Brian G. Moorcroft, Centennial College
Peter Skrypka, Seneca College
JEAN BERTHEROY
La Passion d'Héloïse et d'Abélard.
TRISTAN BERNARD
Le Roman d'un mois d'Été.
MAURICE STRAUSS
Le Citoyen Poire.
E. GRENET-DANCOURT
Choses à dire (comiques et dramatiques).
MARCEL DHANYS
La Fille de Racine.
ALEXANDRE ARNOUX
Au Grand Vent (Poèmes).
JULES MOINAUX
Les Tribunaux Comiques.
GEORGES COURTELINE
Les Gaietés de l'Escadron.
IMP. E. MONZEIN, 17, RUE GRANGE-BATELIÈRE, PARIS
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