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Criminal
Eighth Edition

Justice
in Canada

Colin Goff
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.

Criminal Justice in Canada


Contents

Preface  xix
Highlights of the Eighth Edition   xx
Instructor Resources   xxii
Student Ancillaries xxiii
Acknowledgments xxiii
KEY FEATURES   xxiv

CHAPTER 1 An Overview of the Criminal Justice System


in Canada   1
The Canadian Criminal Justice System   3
The Major Components of the Canadian Criminal Justice System   3
What Is Crime and How Is It Regulated in Canada?   5
What Is Crime?   5
Social Control   7
The Normative Framework of Our Criminal Justice System   8
The Adversarial System   8
Substantive and Procedural Justice   8
The Rule of Law   9
The Major Ideologies of Canada’s Criminal Justice System   12
What Is Criminal Justice?   15
Key Decision Points of the Criminal Justice Process   16
Pretrial Criminal Procedure   16
Trial Procedure   19
Sentencing  20
Incarceration  20
The Informal Organization of the Canadian Criminal Justice System   21
Disparity  24
Discrimination  24
Critical Issues in Canadian Criminal Justice: Anti-Terrorism Laws:
Crime Control or Due Process?   27
Summary  31
Key Points   31
Key Words   31
Critical Thinking Questions   32
Weblinks  32
Court Cases   33
Suggested Readings   33
References  33

CHAPTER 2 Criminal Law and Criminal Justice in Canada   36


The Major Categories of the Criminal Law   36
Substantive and Procedural Criminal Law   37
Sexual Assault Legislation   37

NEL Contents vii


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Criminal Justice in Canada


Criminal Liability and the Legal Elements of a Crime   41
Legality  41
Mens Rea  42
Actus Reus  42
Harm  43
Causation  45
Punishment  45
Legal Defences and the Law   46
Excuse Defences   46
Justification Defences   48
The Sources of the Criminal Law in Canada   51
Written Sources of the Criminal Law   51
The Canadian Charter of Rights and Freedoms   52
The Investigation of Crime and the Charter   54
The Criminal Trial, Punishment, and the Charter   58
Equality, Remedies, and the Fundamental Principles of Justice   59
Classifications of Criminal Offences   61
Summary Conviction, Hybrid Offences, and Indictable Offences   61
Due Process, Crime Control, and the Criminal Justice System   62
Criminal Law Reform in Canada: Spanking   63
Criminal Law Reform in Canada: The Safe Streets Act   63
Critical Issues in Canadian Criminal Justice: Should HIV Nondisclosure
be Decriminalized?   65
Summary  67
Key Points   67
Key Words   67
Critical Thinking Questions   68
Weblinks  68
Court Cases   68
Suggested Readings   70
References  70

CHAPTER 3 Control Philosophy and Criminal


Justice Policy   73
The Extent of and Response to Sexual Offending in Canada   74
Achieving Justice: Crime Control Philosophy and Criminal
Justice Policy   75
The Justice Model   76
History  76
The Criminal Sanction   76
The Operations of a Justice Model–Based Criminal Justice System   79
Deterrence  79
History  79
The Criminal Sanction   80
The Operations of a Deterrence-Based Criminal Justice System   81

viii Criminal Justice in Canada NEL

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Criminal Justice in Canada


Selective Incapacitation   83
History  83
The Criminal Sanction   84
The Operations of a Selective Incapacitation–Based Criminal Justice System   87
The Rehabilitation Approach   88
History  88
The Criminal Sanction   88
The Operations of a Rehabilitation-Based Criminal Justice System   88
Indigenous and Restorative Justice Systems: An Introduction   91
Indigenous Justice Systems   91
Models of Indigenous Justice Systems   92
Restorative Justice   96
History  96
Restorative Justice Sanctions   97
The Operations of a Restorative Justice–Based Criminal Justice System   98
Critical Issues in Canadian Criminal Justice: Should Information
about Sex Offenders Be Made Public?   100
Summary  103
Key Points   103
Key Words   104
Critical Thinking Questions   104
Weblinks  105
Court Cases   105
Suggested Readings   105
References  105

CHAPTER 4 Crime Rates, Crime Trends, and Criminal


Victimization in Canada   111
Official Crime Statistics   113
Police-Reported Crime Statistics   114
The Official Crime Reporting System   114
What Victims Say: Victimization Data   118
Crime in Canada   121
The Most Common Police-Reported Crimes   121
Correlates of Crime   121
The Declining Crime Rate   123
Criminal Victimization in Canada   124
Trends and Patterns of Victimization: The General Social Survey 1988–2014   124
Victimizations Not Reported to the Police   125
Self-Report Surveys   127
Ethnographic Research   127
Trends and Patterns of Selected Crimes in Canada: Crimes Against
the Person   128
Homicide  128
Sexual Assault   131

NEL Contents ix
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Criminal Justice in Canada


Assault  131
Forcible Confinement   131
Trends and Patterns of Selected Crimes: Crimes Against Property   133
Breaking and Entering   133
Theft  133
Motor Vehicle Theft   134
Other Criminal Code Offences   134
Critical Issues in Canadian Criminal Justice: Unfounded Sexual
Assaults  135
Summary  138
Key Points   138
Key Words   138
Critical Thinking Questions   138
Weblinks  139
Court Cases   139
Suggested Readings   139
References  139

CHAPTER 5 The Context of Policing   143


The Emergence of Policing   144
The Principle of Policing by Public Consent   145
The Early Canadian Policing Experience   147
The Rise of Municipal Policing   148
Plural Policing   150
The Organization of the Public Police in Canada   155
Diversity within Canadian Police Organizations   155
Women and Policing   157
Indigenous (First Nations) Police Services   158
The Police Culture   161
The Police Personality   162
The Working Personality of Police Officers   163
Critical Issues in Canadian Criminal Justice: Expending the Role
of DNA Data Banks   165
Summary  166
Key Points   166
Key Words   167
Critical Thinking Questions   167
Weblinks  168
Court Case   168
Suggested Readings   168
References  168

CHAPTER 6 The Practice of Policing   172


The Professional Model of Policing: The Reactive Approach   173
Criminal Investigations   175
Preliminary Investigations   175
Follow-Up Investigations   176

x Criminal Justice in Canada NEL

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Criminal Justice in Canada


Changes in the Professional Model of Policing   178
Does Random Preventive Patrol Deter Crime?   178
Does Rapid Response Deter Criminals?   179
Do Reactive Investigations Solve Crimes?   179
Experimenting with Alternative Forms of Police Patrols   179
Policing in Modern Society: The Emergence of Proactive Policing   181
Hot Spots Patrol   181
The Broken Windows Model   182
Problem-Oriented Policing   183
Community Policing   183
Intelligence-Led Policing   187
Zero Tolerance Policing   188
Predictive Policing   189
Critical Issues in Canadian Criminal Justice: Individuals With Mental
Disorders And Contact With The Police   192
Summary  195
Key Points   195
Key Words   195
Critical Thinking Questions   196
Weblinks  196
Suggested Readings   196
References  196

CHAPTER 7 The Police and the Law   200


Arrests  202
Arrest with a Warrant   203
Arrest without a Warrant   203
Search and Seizure   204
Searches Incident to an Arrest   205
Warrantless Searches in Motor Vehicles   205
The Doctrine of Plain View   206
Warrantless Searches in Exigent Circumstances   206
Consent Searches   207
Interrogations  209
Jailhouse Interrogations   210
Police and the Use of Force   214
Deadly Force Used by Police Officers   215
Deadly Force Used against Police Officers   216
Police Misconduct   216
“Problem” Police Officers: Early Warning Systems   217
Police Accountability: The Role of Citizen Oversight   219
Critical Issues in Canadian Criminal Justice: Racial Profiling
and the Police: Vehicle Stops and Street Checks (Carding)   223
Summary  225
Key Points   225
Key Words   226
Critical Thinking Questions   226

NEL Contents xi
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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.

Criminal Justice in Canada


Weblinks  227
Court Cases   227
Suggested Readings   228
References  228

CHAPTER 8 Pretrial Criminal Procedure   232


Compelling Release and Compelling Appearance   233
Conditional Release   233
Appearance in Court   236
Legal Aid   239
Funding Legal Aid   240
Types of Legal Aid   241
Prosecutorial Screening 242
The Right to Disclosure   243
The Preliminary Inquiry   245
Types of Pleas   247
Plea Bargaining   247
The Right to a Speedy Trial and Its Impact on the Criminal Courts   249
A Stay of Proceedings   249
The Jury   250
The Right to a Jury Trial   252
Jury Selection   252
Critical Issues in Canadian Criminal Justice: The Right to be Tried
in a Timely Manner: R. V. Jordan   255
Summary  257
Key Points   257
Key Words   257
Critical Thinking Questions   258
Weblinks  258
Court Cases   258
Suggested Readings   259
References  259

CHAPTER 9 The Courts and Criminal Trial Procedure   262


Models of the Criminal Courts   263
The Due Process Model   264
The Crime Control Model   264
The Bureaucratic Model   265
The Organization of the Canadian Criminal Courts   265
The Court System   267
The Operation of the Court System   268
The Daily Business of the Courts   269
What Legal Rights Exist in Criminal Trials?   275
The Presumption of Innocence   275
The Right of the Accused to Confront the Accuser   275

xii Criminal Justice in Canada NEL

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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.

Criminal Justice in Canada


The Right to a Public (Open) Trial   275
Publication Bans   276
Criminal Trial Procedure   278
The Opening Statement   278
Trial Evidence   280
The Defence Lawyer’s Presentation of Evidence   281
The Closing Arguments   281
The Charge to the Jury   281
Jury Deliberation and the Verdict   281
Appeals  282
Critical Issues in Canadian Criminal Justice: JUDICIAL INDEPENDENCE
AND THE MANDATORY VICTIM SURCHARGE   284
Summary  285
Key Points   285
Key Words   286
Critical Thinking Questions   287
Weblinks  287
Court Cases   287
Suggested Readings   288
References  288

CHAPTER 10 Sentences and Dispositions   291


The Philosophical Rationales of Sentencing   292
Deterrence  292
Selective Incapacitation   292
Rehabilitation  293
The Justice Model   293
Healing  294
Restoration  294
Sentencing in Canada   295
Sentencing Patterns in Canada   295
Sentencing Law in Canada   298
How Do Judges Decide on a Sentence?   302
Sentencing Circles   304
Miscarriages of Justice: Wrongful Convictions   306
Eyewitness Error   307
Forensic Errors   307
Police and Prosecutorial Misconduct   308
Sentencing Reforms   308
Mandatory Minimum Sentences in Canada   309
Victim Participation in Sentencing   311
Critical Issues in Canadian Criminal Justice: Mandatory Minimum
Sentencing Laws for Firearms-Related Offences: Do they Achieve
their Goals?   313

NEL Contents xiii


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.

Criminal Justice in Canada


Summary  315
Key Points   315
Key Words   316
Critical Thinking Questions   316
Weblinks  317
Court Cases   317
Suggested Readings   317
References  317

CHAPTER 11 Offenders Supervised in the Community:


Alternative Sanctions and Conditional
Release Programs   321
Community Release under Attack   323
“Nothing Works”   323
Probation  324
The Use of Probation as a Sanction   325
Who Is Eligible for Probation?   325
The Conditional Sentence of Imprisonment   327
The Impact of Conditional Sentences   329
Intermediate Sanctions   330
Intensive Supervision Probation   331
Home Confinement and Electronic Monitoring   332
Fines  334
The Impact of Intermediate Sanctions   337
Conditional Release Programs   339
The Effectiveness of Conditional Release Programs   343
Recidivism Rates of Conditional Release Programs   343
Problem-Solving Courts   346
Critical Issues in Canadian Criminal Justice: Community Justice   350
Summary  352
Key Points   352
Key Words   352
Critical Thinking Questions   353
Weblinks  353
Court Case   353
Suggested Readings   353
References  354

CHAPTER 12 Corrections in Canada: History, Facilities, and


Populations  359
The Development of the Modern Prison   361
European Antecedents to the Modern Prison   362
A Brief History of Federal Correctional Facilities in Canada   363
A Brief History of Federal Correctional Facilities for Women   365
A Brief History of Federal Correctional Facilities for Indigenous People   367

xiv Criminal Justice in Canada NEL

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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.

Criminal Justice in Canada


The Role of Correctional Facilities in Canada   371
Securing Inmates   371
Housing and Supervising Inmates   373
Prison Populations in Canada   374
Women Inmates   375
Indigenous Inmates   375
Black Inmates   376
The Prison Environment   378
Prison Life   378
Inmate Society   379
Prison Violence   381
Suicide in Prison   382
Gangs in Prison   384
Rule of Law in Prison: Prisoners’ Rights, Due Process, and Discipline   385
The Duty to Act Fairly   387
Critical Issues in Canadian Criminal Justice: The Issue of Solitary
Confinement (Administrative Segregation)   389
Summary  392
Key Points   392
Key Words   393
Critical Thinking Questions   393
Weblinks  394
Court Cases   394
Suggested Readings   394
References  395

CHAPTER 13 Community Reintegration   401


Reintegration Approach   402
The Theory of Risk Assessment   404
The Case Management Process   407
The Integrated Correctional Program Model   407
The Parole Board of Canada   410
Risk of Recidivism   411
Risk Assessment   412
Reentry into Society and Desistance from Crime   415
Gender and Reentry into Society   417
Race and Reentry into Society   418
Corrections: The Older Inmate   420
The “Faint Hope” Clause   423
Critical Issues in Canadian Criminal Justice: Correctional Treatment:
“What Works” and Gender-Responsive Approaches   426
Summary  427
Key Points   427
Key Words   428
Critical Thinking Questions   428

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.

Criminal Justice in Canada


Weblinks  428
Court Cases   429
Suggested Readings   429
References  429

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

xvi Criminal Justice in Canada NEL

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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.

Criminal Justice in Canada


Exhibit 10.5 Aggravating and Mitigating Circumstances 302
Exhibit 10.6 Presentence Reports and the Criminal Code 303
Exhibit 10.7 Sentencing Multiple Murderers 304
Exhibit 10.8 The Benefits of Sentencing Circles 305
Exhibit 10.9 Recent Canadian Mandatory Minimum Legislation 309
Exhibit 10.10 Canadian Victims Bill of Rights 312
Exhibit 11.1 Status of Adults on Initial Entry into Correctional Services 322
Exhibit 11.2 Bill C-10, the Safe Streets and Communities Act, and Conditional Sentences 328
Exhibit 11.3 Intermediate Punishments and the Penal Harm Movement 331
Exhibit 11.4 Selected Differences between Intensive Supervision Probation and Regular
Probation 331
Exhibit 12.1 Supervision Models 374
Exhibit 12.2 Focus on Women, 2014–17 375
Exhibit 12.3 The Consequences of High Rates of Incarceration 378
Exhibit 12.4 The Legal Rights of Inmates: Selected Charter Cases 388
Exhibit 12.5 Mental Health Indicators and Correctional Performance 388
Exhibit 13.1 Reintegrating Indigenous Offenders 403
Exhibit 13.2 Federal Policy on Offender Reintegration 405
Exhibit 13.3 The Integrated Correctional Program Model 407
Exhibit 13.4 Profile of Community Correctional Centres 408
Exhibit 13.5 The Safe Streets and Communities Act (Bill C-10): Changes to the Parole Board
of Canada 411
Exhibit 13.6 Women and Reentry 417

NEL Contents xvii


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Criminal Justice in Canada


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.

Criminal Justice in Canada


PREFACE
The idea for the original version of this book started in the mid-1980s when I was
teaching at the University of New Brunswick. The third-year criminology course was a
full-year course and had been previously taught as an entire theoretical course. Students
told me they were extremely interested in criminal justice issues, so I introduced many of
those issues into the course. When I arrived at the University of Winnipeg in the early
1990s one of the attractions was that students could receive a degree in Criminal Justice
(then called Justice and Law Enforcement). However, they could graduate without taking
an introductory criminal justice course so I developed the course and wrote the first edi-
tion of Criminal Justice in Canada.
This book, which has been an ongoing project for almost 25 years, is now in its eighth
edition. The project started when criminal justice was emerging as a vital and separate
discipline in Canada. During this time, many aspects of criminal justice, such as the
Charter of Rights and Freedoms, have exerted enduring influence. But many aspects of
the criminal justice system have changed as new issues and concerns have emerged—a
fact that is reflected in many ways in the book. As a result, substantial rewriting of chap-
ters has occurred with new sections and examples being introduced.
Some content has been streamlined to reduce the amount of material in some areas
and in some cases, more headings have been added to make the information more reader-
friendly. Further changes include the addition of discussion questions to the feature boxes
and more summing up and looking forward sections with additional concept check ques-
tions. As well, the end-of-chapter summary sections have been reorganized to further
aid review and comprehension.
In the eighth edition of Criminal Justice in Canada, I am privileged to have the
­continuing opportunity to chronicle many of the proposed and actual changes in crim-
inal justice, ranging from the decriminalization of cannabis to the landmark ruling in
R. v. Jordan regarding the right to be tried in a timely manner. As with each previous
edition, updated content has made the book more informative, engaging, and accessible.
Here is a list of some of the key changes included in the eighth edition:
• Streamlined learning objectives to better guide students’ learning and expanded
Summing Up and Looking Forward sections to enable better review of the content
covered in a section and to show its connection to the next section
• Updated discussion of continuing issues such as terrorism legislation, the legal status
of HIV, the medical assistance in dying legislation, and solitary confinement
• Updated data and statistics throughout, including the most recent statistics on crime,
conditional release programs, and imprisonment
• Coverage of new directions in—as well as the policy consequences of—issues such as
the impact of the police interacting with mentally disordered individuals and how the
criminal justice system is challenging discrimination against transgender individuals
• A new online chapter that further examines a number of contemporary issues,
including Indigenous and LGBTQ issues and the decriminalization of cannabis
Since criminal justice is an ever-evolving field of study, the shifting contexts of the
social world will continue to impact and influence our criminal justice system and its
policy responses.

NEL Preface xix


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Criminal Justice in Canada


Highlights of the Eighth Edition
The following is a chapter-by-chapter list of some of the features and content—including
updated and new material—of Criminal Justice in Canada, eighth edition.
Chapter 1 (An Overview of the Criminal Justice System in Canada) includes changes to
some sections to better enable students to gain a broad understanding of the Canadian
criminal justice systems before focusing on specific areas and issues. The sections on
formal and informal court processing now better highlight the way both systems
operate. There are updates on medical assistance in dying, the World Justice Project:
Rule of Law Index, and anti-terrorism laws, as well as a new focus on challenging
discrimination against transgender individuals.
Chapter 2 (Criminal Law and Criminal Justice in Canada) discusses issues such as
the response of the criminal justice system to sexual assault, whether the criminal law
can cause harm, and criminal law reform. The chapter includes a new discussion on the
Jian Ghomeshi case and the reporting and prosecution of sexual assault, as well as a
new discussion on criminal law reform, specifically regarding the issue of criminalizing
spanking as assault. Critical Issues in Canadian Criminal Justice, which looks at whether
HIV nondisclosure should be decriminalized, has also been updated.
Chapter 3 (Control Philosophy and Criminal Justice Policy) uses the example of sex
offending to examine how policies are approached by the various crime control philoso-
phies. The chapter contains updated information about dangerous offender designations,
and includes a new case discussing the rights of the sex offenders.
Chapter 4 (Crime Rates, Crime Trends, and Criminal Victimization in Canada) contains
the most recent police-recorded crime statistics and the Crime Severity Index available
for crime rates and victimization. New sections include information on the most com-
monly police reported crimes and on who commits crime, as well as possible explana-
tions of why the crime rate is declining. In the area of victimizations not reported to the
police, there is a new focus on the violent victimization of lesbians, gays, and bisexuals.
A new Critical Issues in Canadian Criminal Justice focuses on unfounded sexual assaults
and a policy initiative that aims to change and improve the response of the police to
sexual assault.
Chapter 5 (The Context of Policing) starts with a brief discussion of the legitimacy of
the police. It contains updated data and statistics on the number of police and police
resources across Canada, as well as a new feature discussing the Bear Clan, an urban
Indigenous street patrol community organization in cities and towns across Canada. The
chapter closes with an updated Critical Issues in Canadian Criminal Justice related to the
expansion of the role of DNA data banks in Canada.
Chapter 6 (The Practice of Policing) starts by reviewing the history and importance of
reactive-style policing and what led to changes in this type of policing practice. This is
followed by alternatives in policing models, such as foot patrol, directed patrol, problem-
oriented policing, community policing, zero tolerance policing, and intelligence-led
policing. Information on police practices has been updated, including updated discus-
sion on community policing in the twenty-first century and community policing strate-
gies. New topics discussed include predictive policing and big data and individuals with
mental disorders and contact with the police.
Chapter 7 (The Police and the Law) starts by discussing the legal powers of the police,
including the decision to arrest, arrest warrants, searches incident to an arrest, and war-
rantless arrests. Supreme Court decisions in the area of search warrants and electronic

xx Criminal Justice in Canada NEL

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.

Criminal Justice in Canada


devices are reviewed, as is the police interrogation technique known as “Mr. Big.” This
chapter also discusses police and the use of force, deadly force used against police officers,
and “problem” police officers. Updated and new discussions include the impact of the
police using body-worn cameras and racial profiling involving vehicle stops and street
checks (carding).
Chapter 8 (Pretrial Criminal Procedure) examines the experiences of the accused as
they are processed into the next stage of the criminal justice system—the pretrial criminal
procedures. Topics discussed include judicial interim release (bail), pretrial detention,
compelling appearance, remand (pretrial custody), the first appearance in court, legal
aid, prosecutorial screening, preliminary inquiries, plea bargaining, and juries. Material
has been updated throughout, with a new Critical Issues in Canadian Criminal Justice
examining the landmark ruling in R. v. Jordan, regarding the right to be tried in a timely
manner.
Chapter 9 (The Courts and Criminal Trial Procedure) starts by examining the issue
of the increasing number of self-represented individuals in the criminal courts. The
various models of the criminal courts and how the criminal court system operates in
Canada as well as the duties and powers of defence lawyers, Crown prosecutors, and
judges are covered. The various legal rights that exist in the criminal courts are also
discussed. The criminal court case of Dennis Oland is reviewed to show the role of the
various agencies involved in the operation of the court system and the various stages
of a court trial, as is the case R. v. Catcheway, which illustrates the informal criminal
justice system at work.
Chapter 10 (Sentences and Dispositions) includes the most updated statistics avail-
able on the operation of the adult criminal courts in Canada. Updated sections include
sentencing patterns, victim participation, mandatory minimum sentences, and mis-
carriages of justice (wrongful convictions). The chapter includes new discussions on
sentencing considerations for Black Canadians and the Canadian Victims Bill of
Rights (CVBR).
Chapter 11 (Offenders Supervised in the Community: Alternative Sanctions and
Conditional Release Programs) features updated charts and statistics throughout the
chapter, including updates on probation, the conditional sentence of imprisonment,
electronic monitoring, as well as conditional release programs, including full parole.
Chapter 12 (Corrections in Canada: History, Facilities, and Populations) looks at issues
relating to corrections and the inmate population in Canada, such as the different types
of correctional facilities, prison violence and deaths, use of force in prison, and self-harm
among inmates. As well, specific groups who are incarcerated—Indigenous, women,
and Black inmates—are discussed. Material has been updated throughout, including
an updated Critical Issues in Canadian Criminal Justice feature on solitary confinement
(administrative segregation).
Chapter 13 (Community Reintegration) features updated charts and statistics
throughout, including updates on older inmates. New sections include reintegrating
Indigenous offenders, women and reentry, and Correctional Service Canada and its
attempts to deal with medical assistance in dying (MAID) among incarcerated individuals.
Chapter 14 (Contemporary Issues in the Canadian Criminal Justice System) is a new
online chapter that examines contemporary issues such as Indigenous peoples and the
Canadian criminal justice system (e.g., representation on juries), LGBTQ individuals
and the criminal justice system, as well as the legalization of cannabis. Visit www.nelson.
com/student for access.

NEL Preface xxi


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.

Criminal Justice in Canada


Instructor Resources
The Nelson Education Teaching Advantage (NETA) program delivers research-based
instructor resources that promote student engagement and higher-order thinking to
enable the success of Canadian students and educators. Visit Nelson Education’s Inspired
Instruction website at http://www.nelson.com/inspired/ to find out more about NETA.
The following instructor resources have been created for Criminal Justice in Canada,
eighth edition. Access these ultimate tools for customizing lectures and presentations, as
well as the online chapter, at www.nelson.com/instructor.

NETA Test Bank


This resource was prepared by Kimberley Ducey, University of Winnipeg. It includes
more than 1,000 multiple-choice questions written according to NETA guidelines for
effective construction and development of higher-order questions. Also included are
approximately 520 true/false questions and 130 essay questions.
The NETA Test Bank is available in a cloud-based platform. Nelson Testing Powered
by Cognero® is a secure online testing system that allows instructors to author, edit, and
manage test bank content from anywhere Internet access is available. No special instal-
lations or downloads are needed, and the desktop-inspired interface, with its drop-down
menus and familiar, intuitive tools, allows instructors to create and manage tests with
ease. Multiple test versions can be created in an instant, and content can be imported or
exported into other systems. Tests can be delivered from a learning management system,
the classroom, or wherever an instructor chooses. Nelson Testing Powered by Cognero
for Criminal Justice in Canada can also be accessed through www.nelson.com/instructor.

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.

NETA Instructor Guide


This resource, written by textbook author Colin Goff, University of Winnipeg, was
revised for the eighth edition by Kimberley Ducey, University of Winnipeg. It is orga-
nized according to the textbook chapters and addresses key educational concerns such as
typical stumbling blocks student face and how to address them. Other features include
What can I do in class? and What can I do online?

xxii Criminal Justice in Canada NEL

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.

Criminal Justice in Canada


Student Ancillaries
Criminal Justice in Canada is accompanied by a student website with engaging online
resources to enable students to activate their knowledge and further enhance their
learning and comprehension. The online chapter—Chapter 14, Contemporary Issues
in the Canadian Criminal Justice System—is also available on the student companion
website. Visit www.nelson.com/student for access.

Minute School—Better Marks in Minutes


Designed for today’s busy and on-the-go students, the Minute School app allows students
to test their knowledge and identify areas of weakness with hundreds of online, multiple-
choice questions, related directly to what they are learning in the course. Student can
take a quiz on key topics covered in the course and receive instant feedback which will
identify concepts that require further review. Students can also track their progress from
within the app to help them stay on track! To get started, visit NelsonBrain.com and
search “Minute School.”

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

NEL Preface xxiii


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.

Criminal Justice in Canada


Another random document with
no related content on Scribd:
pesamment, pendant qu'Antoinette, de son côté, loin de lui et toute à
lui, sombrait aussi dans le sommeil, comme une petite brute.
Le valet de chambre préposé au service de Julien, la femme de
chambre d'Antoinette purent entrer dans les chambres à huit heures,
tirer les rideaux, Antoinette et Julien, à demi-morts, dormaient aussi
paisiblement dans le grand jour aveuglant que dans la clarté tamisée
du jour matinal. Quand ils s'éveillèrent entre midi et une heure, ils
eurent le même regard pour se chercher, et se sourirent du même
sourire à travers les murailles. Puis ils se retrouvèrent sur la
terrasse, devant tout le monde. Il s'inclina avec une politesse
parfaite et joyeuse. Elle eut pour lui un bonjour aimable, de
l'hypocrisie la plus charmante. Elle, qui avait si peur de mentir,
s'aperçut à ce moment-là que le mensonge peut devenir très facile,
quand il est imposé par la nécessité.
ÉPILOGUE
A partir de ce jour, il ne fut plus question de Julien entre Anne et
Antoinette, ni d'Antoinette entre Lorgis et Julien.
Lorgis cessa d'être froid avec le jeune homme, et ils reprirent peu à
peu leurs bonnes relations et leurs conversations du matin.
Seulement, Lorgis qui avait fait toutes sortes de réflexions sur le cas
Julien-Antoinette, souffrait beaucoup de ne pouvoir les communiquer
à Julien. Cet homme sage et discret était bien souvent conduit à
l'indiscrétion par le besoin de montrer à quel point il pensait juste.
Il finit par prendre texte d'une histoire inventée, à peu près
semblable, arrivée jadis dans un autre milieu et dans le même
monde. Et il constata que chaque fois qu'un jeune homme fait la
cour à une femme mariée entourée d'amis, il éveille toujours des
hostilités parmi cet entourage. Mais aussitôt que l'irréparable est
commis, beaucoup de ces amis rebelles finissent par accepter la
situation, et une fois que le mal est fait, l'acceptent même avec une
sympathie qui va s'augmentant...
—C'est peut-être, dit Lorgis, que le monde a le goût des unions
sérieuses, et qu'une fois qu'un adultère lui paraît bien assorti, il
prend à ses yeux le caractère sérieux d'une union sympathique, bien
qu'extra-légale.
—C'est possible, répondait Julien, et il pensait à part lui:
«C'est possible, ce que dit Lorgis. Ce qui est certain, c'est que j'aime
Antoinette.»
Cela n'avait aucun rapport mais il disait «J'aime Antoinette» pour se
faire plaisir. Et le fait est qu'il l'aimait bien. Son amour avait triomphé
de tout, même des petits mensonges, des poses, des attitudes que
prescrivent la tradition, la littérature, et la mode, et dont
s'embarrasse si souvent la vraie sincérité.
FIN
TABLE DES CHAPITRES
Pages.
I.—Julien. 1
II.—Un outsider. 12
III.—La Marquise. 23
IV.—Deuxième entrevue. 35
V.—L'invitation. 45
VI.—Vers du nouveau. 53
VII.—Dénombrement. 67
VIII.—Travail d'approche. 79
IX.—L'amie et l'ami. 97
X.—Vers l'amie. 105
XI.—Intermède: Rose Meulier. 109
XII.—Progrès. 117
XIII.—La galerie intervient. 121
XIV.—Effets d'une intervention. 133
XV.—Travail latent. 143
XVI.—Arrivée d'un personnage épisodique. 151
XVII.—Mise au point. 167
XVIII.—Répétition. 179
XIX.—Intermède: une nommée Fanny. 189
XX.—La matinée de verdure. 195
XXI.—Point de vue nouveau. 209
XXII.—Reprise des opérations. 219
XXIII.—Rapprochement. 231
XXIV.—La passion parle. 249
XXV.—La passion continue à parler. 259
XXVI.—En route. 263
XXVII.—Dernier chapitre. 301
Épilogue. 307
SAINT-DENIS.—IMP. H. BOUILLANT, 47, BOUL. DE
CHATEAUDUN.—18049
LIBRAIRIE PAUL OLLENDORFF
50, Rue de la Chaussée-d'Antin, PARIS
FRÉDÉRIC MASSON, de l'Académie française
Sur Napoléon (Conférences).

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).

COLLECTION DES CONTEURS JOYEUX


Le volume: 95 cent.
ALPHONSE ALLAIS
En Ribouldinguant.
ADRIEN VÉLY
Les Petites Amies de Mr Saint-Gratien.

JULES MOINAUX
Les Tribunaux Comiques.

GEORGES COURTELINE
Les Gaietés de l'Escadron.
IMP. E. MONZEIN, 17, RUE GRANGE-BATELIÈRE, PARIS
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