Week 6/7-11 (FINAL EXAM) Flashcards
Three main types of Corporate crime
environmental, financial, safety
Example of anti-public “disorder” crime policy
Safe Streets Act
Three difficulties or complexities of environental crime
- Jurisdiction
- Harm
- Enforcement
In Canadian Environmental Crime, “Juridisction” is
An umbrella term
Transnational
Canadian Federalism
Environmental racism in Canada is shown through the example of _________, specifically the ____________.
- First Nations Peoples
-Aamjiwnaang Peoples (CBC Youtube Video)
- Environmental Racism towards the Aamjiwnaang Peoples is because _____________________________
- This is proven through a study that included ___________, which found that in the air there was _____________, and ______________, compared to major cities like Toronto.
- The Aamjiwnaang reserve and land borders one of the largest concentrations of petrochemical plants and refineries, causing detriments to their land, air quality, etc.
- Air Monitors
10x the amount of Sulfur Dioxide
30x more benzenes
-compared to major cities like Toronto
In Canada, What is the definition of “Harm” in environmental crime, and why is it so important to focus on
Definitional debates
Ex b. Present Harms or Future Risk?
Requires strong environmental protection
regulations
In Canadian Environmental Crime Enforcement, there are 3 levels:
Administrate law
Civil law
Criminal law
2018: Operation
Thunderstorm, 92 countries
Seized illegal animal paraphernalia on a global scale including
43 tonnes of wild meat (including bear,
elephant, crocodile, whale, and zebra)
* 1.3 tonnes of raw and processed elephant ivory
* 27,000 reptiles (including 869
alligators/crocodiles, 9,590 turtles and
10,000 snakes)
* 4,000 birds, including pelicans, ostriches,
parrots and owls
* Several tonnes of wood and timber
* 48 live primates
* 14 big cats (tiger, lion, leopard, and jaguar)
2013 Quebec Environmental Crisis Lac-Mégantic Rail Disaster
Who is to blame for this disaster?
Canada’s Transportation Safety Board (TSB) found a chain of 18 contributing factors to the disaster:
The TSB harshly criticized the train company MMA:
3 people were charged:
Tom Harding (driver and engineer)
Richard Labrie (rail circulation operator)
Jean Demaitre (train operations)
- were charged in 2014 with criminal negligence causing death
2013 Quebec Environmental Crisis Lac-Mégantic Rail
Disaster General Facts
47 people were killed
Spilled 6 million litres of crude
oil
Approximately 100,000 litres of
oil ended up spilling into the
Chaudière River and was swept
downstream
Big impact on small organisms
By 2016, up to 45% of fish were
affected
2013 Quebec Environmental Crisis Harm: who is accountable?
Civil suits, incl. class-action lawsuit:
Plea deal from 24 defendants (gov incl.)
$460-million compensation fund
established: CP was the lone holdout
CP refuses to acknowledge any
responsibility, and still argues the disaster
was solely the locomotive engineer’s
fault for not properly setting the
handbrakes.
2013 Quebec Environmental Crisis Problems Continue: 2017
Government of Canada approved a $95-million plan to
clean up contaminated soil and water without a
proper environmental assessment.
Public Safety Canada failed to undertake – and pass on
– an environmental assessment of the plan for
government ministers.
“An illegal act committed by nonphysical means to obtain
money or property or to obtain business or personal advantage.”
Financial Crime
Financial Crime can usually be in two areas, but is not limited to these
- Occupational Crime:
- Organizational Crime
How has the gov justified their environmental policy in Ontario?
Ontario intends to allow municipalities and developers to pay a fee in lieu of taking certain actions to protect species at risk.
could pay a regulatory charge instead of completing “some of the more onerous and lengthy requirements of a permit.
Corporate crime is much more costly in
_________ than street crime.
dollar terms / financial crime
Corporate crime not only about lost
finances, but also _________. These fall into both
______________ , and ______________
physical harm
Workplace Injuries, Corporate Homicide
Criminal Corporations, Safety & Corporate Homicide:
Canadians are ______ more likely to die from unsafe
working conditions on the job than to be murdered on
the street.
6 times
Criminal Corporations, Safety & Corporate Homicide:
On-the-job death rates are __________ than the
homicide rate rates in Canada and the U.S. Yet, the
state does not define employer negligence as murder.
30 times higher
Criminal Corporations, Safety & Corporate Homicide:
General Facts
Between 1972 and 1981, more than 10,000 Canadians
died from work related injuries.
Canada has about 500 homicides per year, but about
15,000 die from corporate inaction.
Occupational deaths are the 3rd leading cause of death
after heart disease and cancer.
1/3 of workplace injuries are due to illegal working
conditions.
In Abbotsford British Columbia 2007, A fatal event of three and others injured occurred due to illegal working conditions and employer negligence, this was _________, and happened because _________________
The 16-passenger farm worker Van Crash
The van was illegally overloaded, had only two seat belts, was riding on mismatched and bald tires, had a wooden bench in the back, had a fraudulent safety permit, and was driven by someone who did not have the proper license. Thus resulting in a call to action for justice for farm workers and illegal labor
- Funding cuts to vehicle inspection regulations (relating to BC 2007 Van Crash)
In the year of the accident (2007),
there were ____ roadside inspections set
up and 522 vehicles were checked.
In 2018, only ____ roadside inspections (significantly less)
were set up with 133 vehicles
inspected.
- This could have contributed to _______________
In the year of the accident (2007),
there were 52 roadside inspections set
up and 522 vehicles were checked.
In 2018, only 12 roadside inspections (significantly less)
were set up with 133 vehicles
inspected.
In the ten years following the 2007 crash, 23 farm workers have died working in B.C.
Defensive design such as spikes on benches or other public areas can be viewed as causing __________, and detriments those that are disadvantaged such as ____________ or ______
Visual Violence (looks hostile)
The homeless or youth
Solicitation, panhandling or Curb activities such as squeegeeing car windshields led the Ontario Government to introduce the _________.
They did this because they felt ______________.
Safe Streets Act
It was seen as a safety risk and increase in urban ‘incivility’
- ignoring socio-economic and systemic issues
The Ontario Safe Streets Act (OSSA) calls for fines of up to ________________, and for imprisonment up to_______ + _______for any subsequent offence.
$500 for a first offence
6 months plus $1000
When someone has been issued an Ontario Safe Streets Act (OSSA) ticket they have three options:
If the recipient fails to enact any of the 3
options:
- 15 days to plead guilty and pay the fine.
- Plead not guilty and schedule a trial.
- Plead guilty with an explanation.
The recipient is issued a certificate with an order to pay the
fine, and other penalties include jail time.
A Victim of the Ontario Safe Streets Act (OSSA), a homeless individual named Gerry Williams racked up over ___________
When getting sober, he was forced to ______ , as the fines ___________.
$65,000 in fines.
Appeal, as the fines prevented him from addressing such banal modern concerns as improving his credit score and getting a driver’s licence, along with other appealed punsihments such as probation / community service.
1 .
People such as Gerry Williams prove that the OSSA is useless as, between 2000-2010 with over _________ tickets issued (an increase of 2147%), ____________ were unpaid by 2014.
2.
____ of the tickets were for _________________
and
____ of the tickets were for _________________
- 15,224 Tickets (an increase of 2147%)
- Ninety-nine percent of tickets were unpaid by 2014, the time of the study.
2.
20% of the tickets were for “aggressive solicitation”
and
80% of the tickets were for “non-aggressive acts of soliciting”
Significant case attrition
->
CJS does not respond to
every breach of the law
->
Most cases end with guilty
plea
->
Few cases go to trial
This is known as the “_____________”
Crime Funnel
- (pic on slide week 8)
Upon finishing their sentences, typically ‘high-risk’ offenders (small number) for up to 10 yrs will be assigned a _____________
usually with the inclusion of a residency condition, typically a ___________
- Long Term Supervision Order (LTSO)
- Halfway House
institution that allows people with
criminal backgrounds and s/other disabilities to re-
integrate into society
Halfway house
Practice whereby private negotiation takes place between the
accused (typically via defense council) and a Crown prosecutor.
Plea Bargaining
One complaint about Plea Bargains initally was that they _________, but a postive rebuttal was that they __________
- Undermine Justice
- Improve legal and court efficiency (time / resources)
In Canada, the vast majority of criminal charges, about _________,
are resolved through guilty pleas.
90%
An agreement whereby an accused pleads guilty in exchange for the promise of a benefit
Plea Bargaining (secondary / supplementary definition)
Examples of some privileges from choosing a Plea Bargain includes
-Withdrawal of some charges
-Reduced charges
-Proceeding summarily
-Concurrent vs. consecutive sentences
-Joint submission about sentencing
-Guilty plea discount
___________ is a major problem in Canada, as about ________ cases a year in Canada are stayed due to delays.
- “Case delay”
- 10,000
What happened in the Case of Jason Selby
- Selby was 33 when he began a sexual relationship with a 17-year-old
former student.
The age of consent in Canada is 16 years old unless one of the parties is in a position of trust or authority over the other.
Victim reported her former teacher to police in 2021 after she came to believe Selby had a sexual relationship with another teen and by then realized how young she was when their own relationship began.
Took more than two years for the trial to begin: delayed due to victims, school schedule and new defence witness came forward.
Accused counsel filed a Jordan application to have case tossed.
Judge will have to determine which delays are attributable to the courtand Crown and which fall to the defence.
The age of consent in Canada is ________ unless one of the parties is in a position of trust or authority over the other.
16 years old
_______________ courts have emerged to
deal with unique special needs of
offenders- such as those with mental
illness and drug abuse.
Problem-Solving Courts
(comparison on slide week 8)
___________________ courts:
- Handles both criminal and family law cases
- Includes cases where there is a criminal
charge against one of the spouses and
concurrent family law proceedings.
IDVC (Integrated Domestic Violence Court)
One significant pro of IDVC’s (Integrated Domestic Violence Courts) is that is has ____________ & ____________ features, such as
Interagency & Interdisciplinary Features
- Different actors participate before one judge (everyone equally participates)
- Two significant con of Problem-Solving (/ mental illness) courts is that the _____________________, and needs to show a clear and direct link.
One example that is greatly limited is by these requirements is _____________
- The second large con is that there are ___________________ or _______________
- Burden of Proof for the mental illnesses/condition is high
(makes it hard for many to get help, and end up being criminally charged)
One example that is greatly limited is substance abuse / drug addiction
- High rates of non-compliance / conditions imposed by the court, or Non-completion of programs
Provincially funded non-profit organization providing
legal assistance and representation to low-income
residents of Ontario
Legal Aid Ontario (LAO)
The income cut-off for Legal Aid ON is about _______
however,
Statistics Canada had calculated the low-
income cut-off, before tax, for a single person
is about ________
result? _________________________
$17,731
$26,000
impacts most marginalized groups &
increases amount of self-represented litigants
how have the budget cuts to LAO (Legal Aid Ontario) impacted refugee claimants?
Funds only for filling out the administrative forms for filing a
refugee claim at Immigration, Refugees and Citizenship
Canada (IRCC) offices
Only Essential: Hearing, now w/no legal representation
The Criminal Lawyers’ Association said that
Cases involving unrepresented accused can take ______________
longer than cases with criminal defense lawyers
and that
Current legal aid system = hard caps for defense lawyers ______________ the for an entire trial
three or four times
of 8 or 10 hours of pay
A study by TMUs Diversity Institute found that People of colour made up only ____________ of the 221 federal judges
and that
At the largest law firms and among deputy and Crown attorneys: only ______were women and _______ were visible minorities
2.3 per cent
26.7% & 6.8%
Section 718 of the Criminal Code (R.S.C. 1985, c. C-46)
sets out the _______________________.
(try to study) It reads that _______________ and it main 8 objectives are:
purpose and principles of sentencing
The fundamental purpose of sentencing is to
protect society and to contribute, along with
crime prevention initiatives, to respect for the
law and the maintenance of a just, peaceful and
safe society by imposing just sanctions that have
one or more of the following objectives
1) Denunciation of unlawful and harmful conduct
2) Deterrence
3) Separation from society
4) Rehabilitation
5) Reparation
6) Promoting a sense of responsibility
7) Proportionality
8) Principle of restraint
The main three mindsets / applications in sentencing can be seen as:
Utilitarian
Retributive
Restorative
The Youth Criminal Justice Act section 38 states ______________.
These are _________ & __________
while
Separation from society is ___________
the principles and purposes of youth sentencing
Proportionality and rehabilitation (are the key
principles)
while
Separation from society is discouraged
In Canada, section 15(2) of Charter = allows the state to take
measures aimed at reaching ______
substantive equality
Section 718.2(e) of the Criminal Code
requires a judge to pay specific attention
to an individual’s ________ in
determining any sentence (R. v. Gladue,
[1999] 1 S.C.R. 688).
11
Indigenous status
Several offences, on conviction, carry
mandatory minimum sentences
Judges in recent years found that certain mandatory
minimum sentences violated ________________
the Charter of Rights and
Freedoms.
In 2002: Transport Canada found most pedestrian
fatalities occurred at the crosswalk by __________________
In response: they added __________, with the idea that _______________
drivers forcing the light or just not seeing them
red light cameras, with the idea that they’d act as a deterrent and make intersections safer with an immediate punishment of a ticket.
cameras at intersections to photograph license plates
red-light cameras
Circle Sentencing
-Community
-residents
-Victim
-Justice system personnel
-Offender
-Family
Main forms of punishment in the 17th
Century
Focused largely on punishing the body in a public
context (flogging, whipping, executions), also widespread use of public punishment & shaming
Main forms of punishment in the 18th
Century
Shift to institutions,Focused largely on holding captive felons (local jail, bridewells, workhouse)
an iron muzzle in an iron framework that enclosed the head, an instrument of punishment, as a form of public humiliation.
Scold’s Bridle
Public support for hanging ______ in the 18th
Century
reduced
In early centuries, Peasants were evicted from their lands or
the ‘commons’ due to ________________.
This forced ______________
privatized land enclosures.
Peasants then driven into the city as
wage labourers. Tied to the industrial
revolution.
Many women accused of being _________ in
relation to the ‘peasant wars’ against land
privatization/enclosures in England (1549,
1607, 1628, 1631)
however, the majority accused were _________________
witches
Majority accused were poor peasant women,
while those who accused them were
landlords and often their employers
chairs formerly used for punishment of disorderly women, scolds, and dishonest tradesmen in medieval Europe, so that they could be plunged into water
Ducking Stool
Some examples of ancient “witchcraft crimes”
Pact with the devil
Journey through the air over vast distances on broomsticks
Unlawful assembly at a sabbat
Worship of the devil
Kissing the devil under the tail
Male devil’s equipped with ice-cold penises
Copulation with succubi (female demon) or incubi (male)
Houses of Correction in older centuries were commonly known as _________ or ___________
Bridewells, or Workhouses
design of institutional building with an inbuilt system of control, originated by the English philosopher and social theorist Jeremy Bentham in the 18th century. The concept is to allow all prisoners of an institution to be observed by a single corrections officer, without the inmates knowing whether or not they are being watched.
Panopticon
TRANSPORT OF FELONS TO OVERSEAS COLONIES:
America:
About _________ people were transported to the American
colonies from England between 1718 and 1775. After the American Revolutionary War in 1775, many of these people were transported elsewhere with the use of ________
30,000
Hulks
a current or former seagoing vessel that has been modified to become a place of substantive detention for convicts, prisoners of war or civilian internees. While many nations have deployed prison ships over time, the practice was most widespread in 18th- and 19th-century Britain, as the government sought to address the issues of overcrowded civilian jails on land and an influx of enemy detainees
Hulk Ships
One example of how inhumane hulks ships were, was that in 1787: Botany Bay, the death rate in hulks was about _______
25%
(1787-1869: 165,000 transported, do the math)
- was transported to Tasmania and was a widow with four children
- Stole 11 spoons and a bread basket to send youngest child, Arabella, to school.
-10 year sentence
-Arabella transported with her = orphanage - Ludlow never saw children again
LUDLOW TEDDER
a settlement used to exile prisoners and separate them from the general population by placing them in a remote location, often an island or distant colonial territory. Although the term can be used to refer to a correctional facility located in a remote location, it is more commonly used to refer to communities of prisoners overseen by wardens or governors having absolute authority.
PENAL COLONIES
In Australia’s penal colony; ______ of those convicted were female: ______ of these were convicted of petty theft.
Proves early sexism in correctional punishments
20%
80%
In the early formation of correctional punsihment two philosphies emerged: _________ & _____________
- _______ pleaded for
the universality of guilt & original sin.
- Immorality was to be fixed using
isolation
-Prison: immoral offender would repent
their sins.
Two examples of this were ________ & ________
- ________ revolved around universality of reason.
-Aimed to change the offender’s taste
for pleasure.
- Prison: constant inspection and careful
measurement of pain, reform the individual & improve society.
-Idea that crime is a rational activity.
Two examples of this were ______ & _________
Religious and Utilitarian
1.
Christian Reformers
John Howard (1777) and Elizabeth Fry (1827)
2.
Utilitarian philosophers
CESARE BECCARIA & JEREMY BENTHAM
PRISON ACT OF 1865: ‘Jails’ & ‘houses of correction’ combined into ________
In which the purpose and key features were ________________
modern prison
Ultimate sanction of the state as opposed to transport, etc.
Key features:
Solitude
Hard labour
Religious instruction
Surveillance
18-19TH CENTURY SHIFTS IN FORMS OF SOCIAL CONTROL:
Increasing classification of deviants by experts;
Increased incarceration of deviants into ‘asylums’, mental
hospitals and reformatories
The mind replaced the body as the object of penal repression
New penal system was charged with the task of
administering the criminal law in **a more rigorous,
certain and efficient manner
The first penitentiary in Canada opened in _____, in _________________
Goal was that it _________________
1835
In Kingston, Ontario (closed in 2013)
Symbolized a moral architecture,
reflected the themes of order and
morality
* Based on the Auburn System
A “separate and silent” system in which prisoners were
completely isolated from one another, eating, working, and
sleeping in separate cells.
Pennsylvania model (for prisons)
Early models of prisons in the U.S. and Canada: attempt
transform ‘criminals’ into useful citizens through religious
contemplation and hard work: the two main that emerged were the
Pennsylvania model
Auburn model
A system where prisoners worked and ate together during the
day and were housed in individual cells at night
Auburn model
TYPES OF CORRECTIONAL
INSTITUTIONS:
-No perimeter fencing
- Unrestricted inmate movement except at night
Minimum
Security
TYPES OF CORRECTIONAL
INSTITUTIONS:
-High-security perimeter fencing
-Some restrictions on inmate movement
Medium
Security
TYPES OF CORRECTIONAL
INSTITUTIONS:
- High-security perimeter fencing
-Highly controlled environment - Inmate movement strictly monitored and controlled
Maximum
Security
A correctional management strategy
that is used for disciplinary or administrative reasons
and often involves an inmate locked in a cell for 23
hours a day.
Gov reforms in 2017-2019 restricted the use of ___________
Segregation
“Solitary confinement” (Segregation)
ABOLITION PROPOSALS
Instead of asking whether anyone should be locked up
or go free, why don’t we think about why we solve
problems by recourse to cruelty and vengeance
Overall, reforms have not significantly reduced
incarceration numbers
VITAL POINT OF ABOLITION
Under austerity, the social-welfare
function shrinks; the agencies that
receive the money are the police and
corrections
Money goes to prisons for “mental health
services” rather than into public health
and other social services more broadly.
strict economic policies that a government imposes to control growing public debt
austerity (NOT IN SLIDE, UNAWARE IF CORRECT DEFINITION)
ONE OF THE BIGGEST
OBSTACLES TO CHANGE
The situation - causes,
effects - are complicated
and people want
something that’s easy.”
