Chapter 12

Question 1

Public Order Crimes

Answer 1

Activities deemed illegal because they’re viewed as immoral or harmful, even though the parties who engage in them do so by choice

Question 2

Public Order Crimes Examples

Answer 2

Gambling, Prostitution, Pornography, Substance abuse, Vandalism, Graffiti

Question 3

Which two general theoretical orientations can the law be interpreted with?

Answer 3

1. Consensus Perspective
2. Conflict Perspective

Question 4

Consensus Perspective

Answer 4

A criminological perspective that sees laws as representing the interests of society

Question 5

Conflict Perspective

Answer 5

A criminological approach that sees laws as representing the interests of specific groups in society

Question 6

Gambling

Answer 6

-Gambling is covered in sections 197-209 in the Criminal Code as gaming and betting
-Legalization undermines the exploitation of gambling by organized crime groups
-It is lucrative enterprise in Canada, drawing annual revenues of over $15 billion
-Casinos on First Nations’ lands give Indigenous peoples an opportunity to benefit economically from provincial casino revenues

Question 7

Compulsive gamblers

Answer 7

those who experience gambling addiction; they often struggle with other addictions and certain psychiatric disorders. this addiction involves various environmental, psychological, and social factors and threatens public order and increases both health-care costs and criminal activity

Question 8

Prostitution

Answer 8

• the practice or occupation of engaging in sexual services in exchange for money
• often those who benefit are not the sex workers but the pimps and organized criminals who run the business
• Canada’s prostitution laws were successfully challenges in the Supreme Court in 2013

Question 9

Vagrancy

Answer 9

the crime of being intentionally unemployed and therefore having no lawful means of supporting oneself or one’s family (prostitution was prohibited under this)

Question 10

Fraser Report

Answer 10

A 1985 report of the SCPP calling for amendments to old sex work laws, which they described as outdated and vague

Question 11

Canada v. Bedford Case

Answer 11

Supreme Court of Canada case that struck down prostitution laws claiming they made the practice of sex work - legal in and of itself - extremely dangerous. Until 2013, prostitution was “legal” except for a variety of acts (soliciting and procuring); made it impossible for a sex worker to work safely without breaking laws

Question 12

Protection of Communities and Exploited Persons Act

Answer 12

Passed in 2014 to criminalize those who buy or profit from sex work, apart from sex workers themselves

Question 13

Constitutional Challenges and a New Prostitution Law

Answer 13

-Under the new law, it is legal to solicit for the purpose of selling sexual services, provided this activity does not take place anywhere where people under the age of 18 might be
-Legal to advertise one’s own sexual services, but third-place advertising is illegal
-Illegal to purchase sexual services - a big change over previous laws

Question 14

The Status of Prostitution Under the New Law

Answer 14

-views sex workers as prostitution’s primary victims
-Aim is to reduce the demand for sex workers with a view to ultimately abolish it
-Critics say sex workers shouldn’t be called victims, because apparently sex work is legit work; legalization makes it safe for workers

Question 15

Four goals in the decriminalization process for prostitution

Answer 15

1.Prevent sexual procurement of children and youth
2.Protect prostitutes from pimps and customer violence
3.Encourage prostitutes self-employment
4.Protect bystanders from nuisance

Question 16

What are the average ages of female and male sex workers?

Answer 16

28 and 35

Question 17

What is the average age females enter sex work?

Answer 17

15

Question 18

Statistic fact

Answer 18

Between 1991 and 2014, 2% of homicides were sex workers. 96% of those were women, and 71% were Indigenous

Question 19

Statistic fact 2

Answer 19

The clearance rate for murders of sex workers is 34%, compared to 77-85% for other homicide victims

Question 20

Why people engage in sex work: Feminist perspectve

Answer 20

Varied. Some view it as a legit job and argue for decriminalization; radical feminists are normal and know it’s a by-product of patriarchy

Question 21

Why people engage in sex work: Functionalist perspective

Answer 21

views sex work as part of our social institutions, contributing to stability

Question 22

Why people engage in sex work: Social-psychological approach

Answer 22

acknowledges history of abuse of many sex workers as well as other social challenges

Question 23

Why people engage in sex work: Political economy perspective

Answer 23

argues that social inequalities force some women to turn to sex work out of economic necessity

Question 24

Male Sex Work

Answer 24

-Until recently, the subject of male prostitution has been largely overlooked
-male sex workers experience many of the same dangers and risks as females
-Misconceptions as to who sex workers are and why they enter the profession

Question 25

Pornogrpahy

Answer 25

Refers to a public-order offence relating to explicit descriptions, or representations of sexual activity prohibited by law

Question 26

Pornography and the Law

Answer 26

-These crimes listed under “Offences Tending to Corrupt Morals” in section 163 to 169 of Criminal Code
-163 makes it illegal to possess, produce, sell, show, or distribute porno
-163.1 deals with child porn

Question 27

Substance Abuse

Answer 27

-Abuse of alcohol and drugs can affect the sense of public order because of the altered behaviour expressed by people under their influence
-Drug epidemic in NA since 1960’s

Question 28

History of Substance Use and Abuse

Answer 28

-In ancient times, alcohol was psychoactive substance
-19th century, alcohol was used and abused in Western world
-In canada, alcohol prohibition from 1918 to 1920
-drug regulation became an issue in late 1800s in NA

Question 29

Drugs and the Law

Answer 29

-The Controlled Drugs and Substances Act replaced Canada’s Narcotic Control Act in 1996
-The new law covers everything from possession and punishment to “forfeiture of proceeds of crime”

Question 30

Alcohol regulations

Answer 30

-Not regulated like other drugs
-Strong link between alcohol use and criminal activity

Question 31

Three broad classes of psychoactive drugs

Answer 31

1. Stimulants: tend to elevate the user’s sense of well-being. Sometimes referred to as “uppers”, these drugs keep the user alert and able to resist fatigue
2. Depressants: slow the central nervous system. They can induce sleep, alleviate pain, relax muscles, reduce anxiety, and create a sense of euphoria
3. Hallucinogens: create an altered state of awareness. Week is the most popular. Others like PCP and LSD

Question 32

Trends of Substance Abuse

Answer 32

-2005 survey reported just over 79% of Canadians aged 15+ consumed alcohol
-Over 22% of those who drank exceeded the standard for low-risk drinking
-17% of Canadian drinkers engaged in hazardous drinking.
-strong link between controlled substance abuse and criminal behaviour
-Tobacco is “silent killer”