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EIGHTH EDITION EIGHTH EDITION I N A N A D A C o l i n G o f f University o f Winnipeg N E L S O N Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.nelson.com to search by ISBN#, author, title, or keyword for materials in your areas of interest. N E L S O N Criminal Justice in Canada, Eighth Edition by Colin Goff VP, Product Solutions, K-20: Production Project Manager: Higher Education Design PM: Claudine O'Donnel l Shannon Martin Pamela Johnston Director, Qualitative Publishing: Production Service: Interior Design: Jackie Wood SPi Global Deborah Brock Publisher: Copy Editor: Cover Design: Leanna Maclean Kel li Howey Deborah Brock Content Manager: Proof reader: Cover Image: Gail Brown SPi Global chapay/Getty Images Photo and Permissions Researcher: Indexer: Art Coordinator: Natalie Barrington SPi Global Suzanne Peden Rights Project Manager: Design Director: Compositor: Daniela Glass Ken Phipps SPi Global COPYRIGHT© 2020, 2017 by Nelson ALL RIGHTS RESERVED. No part of Library and Archives Canada Education Ltd. this work covered by the copyright Cataloguing in Publication Data herein may be reproduced, tran Title: Criminal justice in Canada I Colin Printed and bound in Canada scribed, or used in any form or by Goff, University of Winnipeg. 1 2 3 4 22 21 20 19 any means-graphic, electronic, or Names: Goff, Colin H. (Colin Harford), mechanical, including photocopying, For more information contact 1949- author. recording, taping, Web distribution, Nelson Education Ltd., or information storage and retrieval Description: Eighth edition. 1120 Birchmount Road, Toronto, systems-without the written per I Ontario, M 1K 5G4. Or you can visit Identifiers: Canadiana 2019004912X mission of the publisher. our Internet site at nelson.com ISBN 9780176796044 (softcover) For permission to use material Subjects: LCSH: Criminal justice, Cognero and Ful l-Ci rcle Assessment from this text or product, Administration of-Canada are registered trademarks of I submit all requests online at Textbooks. LCGFT: Textbooks. Madeira Station LLC. cengage.com/permissions. Classification: LCC HV9960.C2 G63 Further questions about permissions I 2019 DDC 364.971-dc23 can be emailed to permissionre [email protected] ISBN-13: 978-0-17-679604-4 ISBN-10: 0-17-679604-5 Every effort has been made to trace ownership of all copyrighted mate rial and to secure permission from copyright holders. In the event of any question arising as to the use of any material, we will be pleased to make the necessary corrections in future printings. Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. To Sarah, whose kindness and support will always be remembered, and to Buddy and Robley, for their continued encouragement. • •• NEL Ill Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. ABOUT THE AUTHOR Colin Go.ff received his M.A. in sociology from the University of Calgary and his Ph.D. from the University of California (Irvine). He has taught at Simon Fraser University, the University of New Brunswick (Fredericton), and the University of Winnipeg. At J. the University of Winnipeg, he was Chair of Sociology and won the Clifford Robson Memorial Award for Teaching Excellence. His areas of research include all aspects of the criminal justice system as well as corporate and white-collar crime, the history of criminology, and Indigenous justice. In addition to Criminal justice in Canada, he has published Corporate Crime in Canada (with C. Reasons) and Corrections in Canada. He has also published many articles on the work of Edwin H. Sutherland (many with Gilbert Geis), on the development of criminology as a discipline in the early 20th century, and on corporate crime in Canada. He is currently studying life course criminology and the sentencing of white-collar criminals in Canada, as well as the development of the discipline of criminology in the United States during the early 20th century. With the assistance of Gilbert Geis, he has published manuscripts on Edwin H. Sutherland, Thorsten Sellin, and the Michael-Adler Report . • Criminal Justice in Canada IV NEL Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. PREFACE xix CHAPTER 1 AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN CANADA 1 CHAPTER 2 CRIMINAL LAW AND CRIMINAL JUSTICE IN CANADA 36 CHAPTER 3 CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 73 CHAPTER 4 CRIME RATES, CRIME TRENDS, AND CRIMINAL VICTIMIZATION IN CANADA 111 CHAPTER 5 THE CONTEXT OF POLICING 143 CHAPTER 6 THE PRACTICE OF POLICING 172 CHAPTER 7 THE POLICE AND THE LAW 200 CHAPTER 8 PRETRIAL CRIMINAL PROCEDURE 232 CHAPTER 9 THE COURTS AND CRIMINAL TRIAL PROCEDURE 262 CHAPTER 10 SENTENCES AND DISPOSITIONS 291 CHAPTER 11 OFFENDERS SUPERVISED IN THE COMMUNITY: ALTERNATIVE SANCTIONS AND CONDITIONAL RELEASE PROGRAMS 321 With contributions by Kimberley Ducey CHAPTER 12 CORRECTIONS IN CANADA: HISTORY, FACILITIES, AND POPULATIONS 359 With contributions by Kimberley Ducey CHAPTER 13 COMMUNITY REINTEGRATION 401 With contributions by Kimberley Ducey GLOSSARY 435 INDEX 443 Contemporary Issues in the Canadian Criminal Justice System On line Chapter: Brief Contents v NEL Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. PREFACE xix Highlights of the Eighth Edition xx Instructor Resources xxii Student Ancil laries xxiii Acknowledgments xxiii KEY FEATURES xxiv CHAPTER 1 AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN CANADA 1 THE CANADIAN CRIMINAL JUSTICE SYSTEM 3 The Major Components of the Canadian Criminal Justice System 3 WHAT IS CRIME AND HOW IS IT REGULATED IN CANADA? 5 What Is Crime? 5 Social Control 7 THE NORMATIVE FRAMEWORK OF OUR CRIMINAL JUSTICE SYSTEM 8 The Adversarial System 8 Substantive and Procedural Justice 8 The Ru le of Law 9 THE MAJOR IDEOLOGIES OF CANADA'S CRIMINAL JUSTICE SYSTEM 12 What Is Criminal Justice? 15 KEY DECISION POINTS OF THE CRIMINAL JUSTICE PROCESS 16 Pretrial Criminal Procedu re 16 Tria l Procedure 19 Sentencing 20 Incarceration 20 THE INFORMAL ORGANIZATION OF THE CANADIAN CRIMINAL JUSTICE SYSTEM 21 Disparity 24 Discrimination 24 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: ANTI-TERRORISM LAWS: CRIME CONTROL OR DUE PROCESS? 27 SUMMARY 31 KEY POINTS 31 KEY WORDS 31 CRITICAL THINKING QUESTIONS 32 WEBLINKS 32 COURT CASES 33 SUGGESTED READINGS 33 REFERENCES 33 CHAPTER 2 CRIMINAL LAW AND CRIMINAL JUSTICE IN CANADA 36 THE MAJOR CATEGORIES OF THE CRIMINAL LAW 36 Substantive and Procedural Criminal Law 37 Sexual Assault Leg islation 37 •• Contents NEL VII Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it. CRIMINAL LIABILITY AND THE LEGAL ELEMENTS OF A CRIME 41 Legality 41 Mens Rea 42 Actus Reus 42 Harm 43 Causation 45 Punishment 45 LEGAL DEFENCES AND THE LAW 46 Excuse Defences 46 Justification Defences 48 THE SOURCES OF THE CRIMINAL LAW IN CANADA 51 Written Sources of the Criminal Law 51 THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS 52 The Investigation of Crime and the Charter 54 The Criminal Trial, Pun ishment, and the Charter 58 Equality, Remedies, and the Fundamental Principles of Justice 59 CLASSIFICATIONS OF CRIMINAL OFFENCES 61 Summary Conviction, Hybrid Offences, and Indictable Offences 61 DUE PROCESS, CRIME CONTROL, AND THE CRIMINAL JUSTICE SYSTEM 62 Crim inal Law Reform in Canada: Spanking 63 Crim inal Law Reform in Canada: The Safe Streets Act 63 CRITICAL ISSUES IN CANADIAN CRIMINAL JUSTICE: SHOULD HIV NONDISCLOSURE BE DECRIMINALIZED? 65 SUMMARY 67 KEY POINTS 67 KEY WORDS 67 CRITICAL THINKING QUESTIONS 68 WEBLINKS 68 COURT CASES 68 SUGGESTED READINGS 70 REFERENCES 70 CHAPTER 3 CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 73 THE EXTENT OF AND RESPONSE TO SEXUAL OFFENDING IN CANADA 74 ACHIEVING JUSTICE: CRIME CONTROL PHILOSOPHY AND CRIMINAL JUSTICE POLICY 75 THE JUSTICE MODEL 76 History 76 The Criminal Sanction 76 The Operations of a Justice Model-Based Criminal Justice System 79 DETERRENCE 79 History 79 The Criminal Sanction 80 The Operations of a Deterrence-Based Criminal Justice System 81 ••• Criminal Justice in Canada VIII NEL Copyright 2020 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.