Psychology 2032A/B Chapter Notes - Chapter 9: Halfway House, Focus Group, Tacit Assumption
6 Jun 2018
School
Department
Course
Professor
Prisons, Sentencing and Parole
Structure of Canadian Court System
• A component of the larger Canadian criminal justice system that also includes policing
agencies and correctional institutions
• Major rules include:
- Hearing evidence presented in trial, determining the guilt and innocence of
defendants and rendering sentencing decisions across a wide range of criminal and
civil cases
• Courts in Canada are divided into provincial, federal and military courts
- Military courts deal with offences committed by members of the Canadian Armed
Forces under the National Defence Act
• Courts are also organized into a hierarchy with courts lower in the hierarchy abiding by
the decisions of courts at higher levels
- Form a four-tier hierarchy of legal superiority
• The Supreme Court of Canada is the final court of appeal
The Canadian Court System
• Made up of numerous types of courts
that are separated by jurisdiction and
levels of legal superiority
- Jurisdiction = provincial, federal and
military courts
- Provincial: has jurisdiction over most
criminal and civil matters
- Federal: focus exclusively on matters
specified in federal legislation
o Cases involving the Crown
corporations (Canada Post)
• Administrative tribunals: responsible for
resolving disputes in Canada over a wide
range of administrative issues in both
provincial and federal jurisdictions
- Not officially part of the Canadian court system
- Decisions can be reviewed in court to ensure that the decisions are consistent with
the law
- Provincial = Liquor Licensing Board
- Federal = Parole Board of Canada
• Lowest layer = provincial and territorial courts
- Found everywhere except Nunavut (have their own court)
- Referred to as iferior
o Cases are broad and can include criminal offences (traffic violations) and civil
issues (small claims)
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find more resources at oneclass.com
- Can hear appeals from administrative tribunals
- A number of courts specialize in particular areas (ex. Act as drug treatment courts)
• Proiial ad territorial superior ourts: at as the ourt of first appeal for iferior
courts
- Try the most serious criminal and civil cases
o Cases that often involve juries
- Often specialize in a particular area (ex. Family law)
• At federal jurisdiction = the Federal Court of Canada
- Serves to review administrative decisions made by the federal administrative
tribunals
o Ex. Tax Court of Canada → deals with tax disputes between the federal
government and Canadian taxpayers
• Federal Court of Appeal: review decisions rendered by the superior-level courts
- Appellate courts do not normally conduct trials or hear evidence from witnesses
• Supreme Court of Canada: final court of appeal in Canada
- Created in 1875 – consists of 8 judges plus the chief justice
o Judges are appointed by the federal government
- Provides guidance to the federal government on law-related matters
- Before the SCC will hear an appeal, it must have been appealed in the relevant
courts lower in the hierarchy
o People still have limited rights to appeal to the SCC
Aboriginal Overrepresentation
• Refers to the disproportionate number of Aboriginals involved in the criminal justice
system
- 3% of Aorigials aout for Caada’s populatio
o 18% account for the federal inmate population; 18% account for the
provincial/territorial inmate population
Aboriginal Courts
• Also exist within the court structure
• Established so that special consideration could be given to the background factors of
Aboriginal offenders
• One of the goals of these courts is to reduce Aboriginal overrepresentation in the
criminal justice system
• Bill C-41 (passed in 1996) deals with the use of incarceration
- States that all available sanctions other than imprisonment should be considered for
all offenders, with particular attention to the circumstances of Aboriginal offenders
o Emphasis is added on Aboriginal offenders
o Used in R. v. Glaude and R. v. Ipeelee
o Judges ere oered that the did’t hae tie or epertise to do this
▪ That is why special courts were created
• Developed with expertise to specialize in cases with Aboriginal offenders:
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find more resources at oneclass.com
- Judges here have access to resources that will allow them to apply more appropriate
sentences
- Mitigatig irustaes i the offeder’s akgroud a sere to reduce to
culpability of the offender
- May lead to restorative justice which aims to heal those affected by criminal acts
• Seem to have little impact on the over-representation problem
- The are’t dealig ith a full rage of issue that ause Aorigial people to eoe
involved in the criminal justice system in the first place
- More recent legislation may work in opposition to Glaude
o Increasing sentence length, making it more difficult for judges to have
discretion when sentencing
Explanations for Aboriginal Overrepresentation
• Several possible explanations:
- A higher Aboriginal crime rate
- Insufficient funds for fines
o More economically disadvantaged
- The commission by Aboriginal people of more serious crimes
- Criminal justice practices that penalize Aboriginal people (ex. Fine defaults)
- Overt or systemic racism
o Less access to adequate legal representation
Special Courts Aboriginal Offenders
• Developed with expertise to specialize in cases with Aboriginal offenders:
- Judges here have access to resources that will allow them to apply more appropriate
sentences
o Can include (but not limited to): issues related to substance abuse, poverty,
exposure to abuse, lack of employment, loss of identity, culture, ancestral
knowledge or attendance at a residential school
- Mitigatig irustaes i the offeder’s akgroud a sere to reduce to
culpability of the offender
- May lead to restorative justice which aims to heal those affected by criminal acts
rather than punitive justice
o Restorative justice: an approach for dealing with a crime that emphasizes
repairing the harm caused by it
▪ Based on the philosophy that when victims, offenders and community
members meet voluntarily to decide how to achieve this,
transformation can result
▪ Consistent with Aboriginal culture
▪ Prevents further damage from occurring (community safety)
▪ Ensures that the offender is made responsible for the crime and
repas the iti ad/or the ouit aoutailit
▪ Provides the offender with whatever he/she needs to become a law-
abiding citizen in the future (skills development)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Prisons, sentencing and parole: a component of the larger canadian criminal justice system that also includes policing agencies and correctional institutions, major rules include: Hearing evidence presented in trial, determining the guilt and innocence of defendants and rendering sentencing decisions across a wide range of criminal and civil cases: courts in canada are divided into provincial, federal and military courts. Military courts deal with offences committed by members of the canadian armed. Forces under the national defence act: courts are also organized into a hierarchy with courts lower in the hierarchy abiding by the decisions of courts at higher levels. Form a four-tier hierarchy of legal superiority: the supreme court of canada is the final court of appeal. The canadian court system: made up of numerous types of courts that are separated by jurisdiction and levels of legal superiority. Provincial: has jurisdiction over most criminal and civil matters.
