Law 2 Flashcards
What types of prisons do offenders serve time in Canada based on their sentence length?
Offenders sentenced to two years or more serve in penitentiaries; offenders sentenced to less than two years serve in provincial or territorial prisons.
Which acts describe the rights of inmates in Ontario?
Ministry of Correctional Services Act (MCSA) and the General regulation under the Act.
What act outlines the rights of offenders in federal penitentiaries?
Corrections and Conditional Release Act (CCRA).
What are the rights of inmates regarding medical care?
The right to medical care for physical or mental illness.
True or False: Indigenous peoples make up a larger percentage of the inmate population compared to their percentage of the overall Canadian population.
True.
What is the percentage of Indigenous women offenders in the total inmate population under federal jurisdiction?
33 percent.
What does the Canadian Victims Bill of Rights (CVBR) provide for victims of crime?
Rights to information, protection, participation, restitution, and to make complaints.
Fill in the blank: The purpose of the federal corrections system is to contribute to the maintenance of a just, peaceful, and safe _______.
society.
What happens to an inmate charged with a disciplinary offence?
A hearing is held, and if found guilty, the inmate may face sanctions such as warnings, loss of privileges, or fines.
What is the maximum duration of segregation as set by Bill 83?
15 days.
What are the two types of conditional release?
Statutory release and parole.
What must an offender complete to be eligible for statutory release?
Two-thirds of their sentence.
True or False: Parole is automatically granted to all offenders.
False.
What types of detention facilities are operated by the province?
- Correction centres
- Jails and detention centres
- Youth custody facilities
What is a conditional sentence of imprisonment?
House arrest served in the community, not applicable for crimes with minimum sentences of two years or longer.
What organization works to prevent recidivism through various supportive programs?
St. Leonard’s Society.
What types of programs does the Elizabeth Fry Society provide?
- Individual counselling
- Group counselling
- Healthy Choices program
- Anger Solutions program
- Family support
- Housing retention and support
What is the role of the John Howard Society?
- Works with people in conflict with the law
- Reviews and advocates for changes in criminal justice
- Engages in public education
- Promotes crime prevention
What is the significance of the right to appeal administrative decisions for inmates?
Inmates have the right to appeal important administrative decisions affecting their security designation.
How are Indigenous women in penitentiaries disproportionately affected compared to non-Indigenous women?
They are more than five times as likely to be designated maximum-security offenders.
What is the role of the Parole Board of Canada (PBC) concerning victims?
PBC members must impose conditions on an offender’s supervision to protect the victim.
What is the purpose of structured intervention units (SIUs) in the corrections system?
To provide care for individuals placed in segregation with structured support.
What does the right to correspondence for inmates entail?
Inmates can send and receive correspondence, subject to review by facility staff.
What are the two main statutes that provide for different treatment of young offenders in Canada?
Criminal Code and Youth Criminal Justice Act (YCJA)
The YCJA applies an additional protective layer of interpretation and procedure.
At what age can a person not be convicted of an offence according to Section 13 of the Criminal Code?
Under the age of twelve years
What is the principle of ‘parens patriae’ as it relates to the Juvenile Delinquents Act (JDA)?
The government seized control of ‘delinquents’ due to an assumed lack of parenting ability related to crime.
What legislation replaced the Juvenile Delinquents Act in 1984?
Young Offenders Act (YOA)
What year was the Youth Criminal Justice Act (YCJA) established?
2003
Define ‘legal capacity’ in the context of youth criminal law.
The right and ability of a person to exercise legal rights.
What does ‘criminal responsibility’ imply for young offenders?
Not all people who commit criminal acts should bear the full legal consequences normally attached to those acts.
List the general principles guiding the youth criminal justice system.
- Prevention of crime and protection of the public
- Holding young persons accountable
- Emphasizing rehabilitation and reintegration
- Culturally sensitive responses
- Special protections including enhanced civil rights
What are extrajudicial measures?
Measures designed to deal informally with youth involved in criminal activity.
Who makes the decision to use extrajudicial measures in a particular case?
The police and the Crown attorney
What is one example of an extrajudicial measure?
Issuing a warning or caution to the offender
What is the age range for a young person to be tried in youth court?
12th birthday up to 18th birthday
What does section 38(1) of the YCJA state regarding the purpose of sentencing?
To hold a young person accountable for an offence through just sanctions promoting rehabilitation and reintegration.
What must a judge consider before sentencing a young offender?
Aggravating and mitigating circumstances, including harm done to the victim
What are some rights of youth in custody according to the CYFSA?
- Right to regular visits from family
- Right to receive visits from a solicitor or advocate
- Right to send and receive mail
- Right to reasonable privacy
- Right to medical and dental care
Fill in the blank: The YCJA prohibits the publication of _______ about young offenders.
identifying information
What is the access period in relation to youth records?
The period during which a record is open before it is sealed or destroyed.
What new laws were introduced on June 21, 2019, regarding youth and administration of justice conditions?
Police have more discretion when dealing with youth who have breached conditions.
What are common reasons young women are criminalized according to the text?
- Having been abused
- Having mental health problems
- Committing crimes of powerlessness
True or False: Statistics indicate there is a ‘youth violence’ crisis in Canada.
False
What percentage of all arrests for violent crimes in 2020 were accounted for by youth?
7%
What was the youth crime rate trend in 2021?
Dropped by 3% and has been on a long downward trend.
What were the most common criminal offences committed by youth in 2021?
- Level 1 assault
- Mischief
- Administration of justice violations
What does Alternative Dispute Resolution (ADR) describe?
A range of recognized strategies designed to help resolve disputes without traditional court system.
What is a common element of ADR?
Involvement of a neutral third party.
What is binding arbitration?
A process similar to court where the decision-maker imposes a decision on the parties.
What are the goals of ADR?
Support parties in conflict to fashion their own solutions and avoid litigation expenses.
List three Ontario statutes that recognize ADR.
- Children’s Law Reform Act, RSO 1990, c C.12
- Condominium Act, 1998, SO 1998, c 19
- Labour Relations Act, 1995, SO 1995, c 1, Schedule A
What are the three keys to successful negotiation?
- Client must trust the negotiator
- Client must provide specific instructions
- Negotiator must work within client’s instructions
What is the role of the mediator in mediation?
Facilitates the discussion, encourages disclosure, and keeps talks productive.
What happens during Stage 1 of mediation?
Opening statements are made by each party describing their side of the dispute.
What is the focus during Stage 2: Joint Discussion?
Building a dialogue about the issues that must be resolved.
What occurs in Stage 3: Private Discussions?
Each side meets privately with the mediator to discuss positions and strengths/weaknesses.
What is the goal of Stage 4: Negotiation?
To agree on ideas that might work for a settlement.
What is the outcome if no settlement is reached in mediation?
Help both sides decide to try again or take the case to trial.
What is mandatory mediation?
What are the four alternative ways of resolving disputes?
- Negotiation
- Mediation
- Arbitration
- Litigation
What type of participation is required in litigation?
Involuntary.
What is the outcome of arbitration?
Private decision by arbitrator that is usually binding.
What are two primary reasons why ADR may not be appropriate?
- One party is motivated to pursue litigation
- Unequal bargaining positions exist
What is restorative justice?
An approach to wrongdoing that seeks to repair relationships and restore harmony in the community.
Name the five key elements of restorative justice transformation.
- Community
- Capacity
- Connection
- Voice
- Sacredness
What are the nine interconnected elements of Restorative Practice in Schools?
What is the jurisdiction of the federal government in relation to criminal law?
The federal government has jurisdiction over the creation of criminal law.
What is the role of provinces and territories in criminal law?
Provinces and territories have jurisdiction over the administration and enforcement of criminal law.
What does the Criminal Code of Canada define?
Defines a wide range of offences, sets rules of procedure, establishes penalties, and provides guidelines for sentencing.
True or False: Illegality is synonymous with criminality.
False
What are ‘quasi-criminal’ offences?
Illegal offences contained in provincial/territorial statutes and municipal by-laws.
What does Section 718.2(e) of the Criminal Code require judges to consider when sentencing Indigenous offenders?
Judges must consider all available sanctions, other than imprisonment, that are reasonable in the circumstances.
What is the focus of restorative justice?
Making reparation to the victim and the community for healing, rehabilitation, and reconciliation.
Define ‘actus reus’.
The physical act or omission involved in committing the offence.
Define ‘mens rea’.
The state of mind attributed to the accused that establishes their fault in acting or failing to act.
Who has the responsibility to prove every element of the charge in a criminal case?
The prosecution.
What is a ‘Stay of Proceeding’?
A ruling that stops further prosecution of the case; the charge against the accused is dropped.
What does Section 8 of the Charter guarantee?
Everyone has the right to be secure against unreasonable search or seizure.
What is an ‘information’ in criminal procedure?
The charging document used for offences tried in a provincial or territorial court.
What is an ‘indictment’?
The charging document used for offences tried in a superior court of criminal jurisdiction.
What are summary conviction offences?
Generally less serious offences that carry light penalties.
What are indictable offences?
More serious crimes that usually carry stiffer penalties.
Fill in the blank: The _______ is the government (the Crown) that prosecutes the charge.
prosecutor
What is a plea bargain?
Negotiation with the prosecution to plead guilty to a lesser charge.
List the steps of a criminal trial.
- Jury selection
- Pre-trial motions
- Charges read and plea entered
- Prosecution opening statement
- Defence opening statement
- Prosecution presents evidence
- Defence presents evidence
- Prosecution closing arguments
- Defence closing arguments
- Judge instructs jury
- Jury deliberates and delivers verdict
- Sentencing if guilty
What are the common sentences imposed in criminal cases?
- Imprisonment
- Conditional sentence of imprisonment
- Suspended sentence
- Fine
- Discharge with or without probation
What is the difference between a conditional sentence and a suspended sentence?
A conditional sentence is served in the community, while a suspended sentence is subject to conditions set out in a probation order.
What does the Canadian Victims Bill of Rights include?
- Information about the criminal justice system
- Protection including privacy and security
- Participation as a witness
- Submission of a victim impact statement
- Restitution
What is a peace bond?
A court order requiring a person to keep the peace and follow certain conditions for a maximum of 12 months.
What is the standard of proof in civil trials?
Balance of probabilities.
What are the common civil remedies?
- Damages
- Specific performance
- Injunctions
What is the role of Canadian cities in addressing drug problems?
Provide injection sites and needle exchange programs.
