POLS 2200 Week 3
An over view of criminal justice in Canada:
Constitution Act of Canada gives the federal government soul distribution to create
The reason to provision to crime in Canada says that no reasonable person would
approve of their own rape, murder, ect.
The criminal code reflects broad consensus implying that the criminal code reflects the
type of society we have determined for ourselves
The reason the federal government is in charge of the criminal code and not the
provincial government is to ensure consistency throughout the country
The Canadian government goes about regionalism because each province has
Some provinces have problems that others don’t
Federal government has soul jurisdiction over all laws, but the provinces have
jurisdiction to set their own mandateswhat laws to enforcegives criminal law the
ability to be tailored to the enforcement done in each province
Eg. Weed is illegal under the criminal codebut Ontario could choose not to enforce that law, while
Quebec may enforce it.
The supreme law can indeed over power the laws eg. If the supreme court decides to
challenge the legalization of weed in Ontario it must be followed.
Canadian criminal justice system attempts at great unity across all of its institutions,
but in practice institutions and policy mandates will conflict with one another.
The point simply put is that each component of the criminal justice system comprising of one the
police, two the courts, and three corrections (prisons), they all have their own policy mandates, they
all have there own problems when it comes to funding, and for our purposes they are all
susceptible to being politicized.
Outside of conflicting policy mandates what else is a cause for disunity in the
There is no guideline that the federal government issues in regard to the institutions in the federal
The courts have a great deal of discretion when it comes to interpreting and applying the law
When the system is left in the hands of bureaucrats it tends to be efficienthas own internal
principlesjudicial jurisdiction is not a bad thing
When court rooms become politicized the judges through a federal jurisdiction are told
what they can or cant do
What do we know about our current federal government?
Toughoncrime: what we are going to do is privileged to crime control over duprocess.
Dueprocess was the Trudeau liberalscharter of rights and freedoms, protected offenders, allowed
courts, undermined the interests of the victim, yet undervalued the securities of values
Is there a relationship or distinction between being tough and being mean? 2 Value Systems Underlying the Criminal Justice System
Crime Control: under the crime control model the primary purpose of criminal
justice is the protection of the public (law abiding citizens)
How? Through deterrence and incapacitation
Under this model there is an idea that reasonable people are responsible for their own actions
Under crime control there is 1. A presumption of guilt or innocence (wouldn’t be in court room if you
didn’t do something wrong), 2. Criminal justice as a process should be quick and efficientfai