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Chapter 1

SOC209H5 Chapter Notes - Chapter 1: Public Prosecution Service Of Canada, Ontario Provincial Police, Royal Newfoundland Constabulary

, Winter 2013
6 pages69 viewsWinter

Department
Sociology
Course Code
SOC209H5
Professor
Philip Goodman
Chapter
1

Chapter 1
The roles and responsibilities of governments in the justice system
o Each level of government I.e. provincial municipal and federal play different
roles in the justice system.
o Responsibilities are divided and made clear by the constitution act,1867
o Federal law /government decided what is considered a criminal offence
o Provincial governments usually in charge of law enforcement as well as
administering the justice system.
o Federal also plays a large role in policing using the RCMP
o RCMP is involved with federal policing as well as municipal and provincial
policing
Federal Government
o Parliament in Ottawa has absolute power to create, change and repeal criminal
law for the whole country.
o Also establishes the punishment that will be imposed for all federal offences
Federal Offences
o Things that are considered a crime are all listed in the criminal code along with
the procedures for responding to certain crimes.
o Original version of the criminal code dates from 1869 initially consolidated in
1892
o Federal offences are set out in different acts or statutes
Federal Statutes
o The criminal code is the most important statue governing the prosecution of
crime,
o There are other number of federal laws that affect the criminal justice system
such as the Canadian Charter of Rights and Freedoms.
o This guarantees freedoms, legal rights and equality rights for every person in
Canada including those accused of committing a crime
o Most importantly//it provides protection and makes sure there is fairness during
legal proceedings .
o All the components have to operate in a way that does not violate the rights given
to Canadians
Portfolio of public safety and emergency preparedness

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The portfolio includes the federal agencies that are responsible for public safety
and security. Iit is directed by the federal minister. It provides strategic policy
advice and a wide range of programs and services related to public safety.
Federal Police
o RCMP operates as federal police force across Canada
o Operates the Canadian police college, police info centre (CPIC, forensic
laboratory services and other specialized services.
Federal Prosecutors,Courts, and Judges
o The justice system is staffed by full time judges, lawyers, prosectors.
o The federal prosecution service conducts prosecutions all across Canada for the
Attorney General of Canada.
o Judges are chosen through the office of commissioner for Federal judicial Affairs
( federal governments appoints them)
Federal Corrections
o Correctional service looks over the operation of federal correctional insitituions.
o Responsibility is shared with post release supervision of federal offenders
Provincal Police
o There are three provincial police services. Ontario provincial police,, the surete
du Quebec and the Royal Newfoundland Constabulary .
o Provincial governments oversee independent municipal police departments
wherever they exist
The Flow of Cases Through the justice system
o Offences reported by police, trail and convinction by judge/jury, Sentencing
hearing, Federal penitentiary or provincial prison, custody/
rehabilitation¸decision to release, Community Supervision, End sentence.
o These are the stages ofcases that go through the justice system however these
stages don’t indicate the dynamics and challenges that come with making these
decisions to arrest, incarcerate, the roles of the victim and many other variables
that contribute.
o The Canadian criminal justice stystem is an adversarial system// adcersarial
system means that the justice system looks at each party to present therir case
before the neutral judge or jury
o A presumption of innocence is expected, until proven guilty
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