LAWS 2301 Study Guide - Final Guide: Canada Border Services Agency, Ontario Police College, Adversarial System

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29 Mar 2012
LAWS 2301F
Maeve McMahon
December 2011 - Exam Information and Study Guide
The exam takes place on Friday December 16 from 9-11am
This exam will count for 48% of your final grade. The exam will have 3 sections:
1) Multiple choice (worth 19 marks)
2) Short answers and explanations and true/false questions (worth 19 marks)
3) Essay (worth 10 marks)
In preparing for the exam you should review your lecture notes, and the material in Griffiths
Canadian Criminal Justice: A Primer up to, and including, page 174. You should also revise H.
Packer’s “Two Models of the Criminal Process.” You should additionally reflect on the content
of the contributions by our guests – Superintendent Scott Nystedt and Constable Admir Minarolli
of the Ottawa Police Service, and defence lawyer Leonard Shore. Being able to draw on your
observations, as relevant, can enhance the content of your essay.
The following will give you an idea of topics that might arise in the multiple choice and short
answers and explanations and true/false questions. Items below are also relevant for use in your
essay section of the examination.
Sthe approximate cost of actually operating and maintaining the criminal justice system
(according to Griffiths)
13 billion
Sthe percentage of the police share of the operating costs of the criminal justice system
Sprovisions of the Charter with respect to ‘Fundamental Freedoms’ and ‘Legal Rights’
Fundamental Freedoms: 2
Legal Rights: 7, 8, 9, 10, 11
Sthe major federal agencies responsible for administering law and justice
Federal police
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Military Police of the Canadian Armed Forces
Federal prosecutors, courts and judges
Federal corrections
CSC deals with sentences of two years or more
Canadian Border Services Agency
Airports, seaports, highway
Department of Justice
Drafts bills to be debated by Parliament
Sin Ontario, the provincial agencies responsible for administering law and justice
Surete du Quebec
Royal Newfoundland Royal Constabulary
Provincial prosecutors courts and judges
Sdebates as to whether or not Canada has a criminal justice ‘system
Isn’t really a system due to multiple mandates
Obstacles to information sharing
Diversity and complexity of the system
Sthe ‘crime control’ and ‘due process’ models of law and justice as posited by Herbert
Crime Control:
Conservative values
Protection of the community and apprehension of the offender is paramount
Strong assumptions of guilt towards the offender
Due Process:
Legal rights’ of individual citizens is paramount
Liberal values
Assumptions of innocence
Sthe nature of discretion as exercised in criminal law and justice, and its relevance to the
practice of criminal law and justice as a human enterprise
Discretion is used in 3 phases of the case by prosecuting attorney
Its relevance is determining whether a person is to be charged with a crime in the first place
Sthe major issue addressed in each of the following cases:
R. v. Askov
R. v. Stinchcombe
R. v. Feeney
R. v. S.A.B.
R. v. Zundel
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R. v. Singh
Sissues concerning aboriginal people and the criminal law and justice system with respect to
both victimization and criminal offending
Two of the biggest challenges facing the CJS are:
High rates of crime and victimization in many Aboriginal communities
Overrepresentation of Aboriginal people at all stages of the justice process
Problem solving: community-based justice programs (many based on the principles of
restorative justice) have been developed
Sthe traditional exclusion/inclusion of community residents in the administration of justice
Srestorative justice and the principles underlying restorative justice
an approach to justice based on the principle that criminal behaviour injures the victim, the
offender, and the community
Fully address the needs of crime victims
Enable offenders to acknowledge and assume responsibility for their behaviour;
Alternative to the adversarial system of justice
Create a “community” of support and assistance for those with a stake in the offence;
Means of avoiding escalation of legal justice and the associated costs and delays
Prevent reoffending by reintegrating offenders back into the community
Sthe potential liability of criminal justice agencies and their personnel
Sthe perception of their safety by people in Canada generally
4/10 report victimization were non-violent
People ages 15-24 their rate of victimization was 15 times higher than people who
were 65+
93% felt satisfied with their personal safety
Rate of self reported remains stable between 04 and 09
people 65+ show fear of crime although data shows that they aren’t likely to be
Strends in official crime rates reported by police across Canada during the past decade
Sthe percentage of crimes discovered by the police without the assistance of the public
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