July 2019
Volume 61, No. 3 | Go to abstracts
Articles
Page 1
Deterring Driving under the Influence of Cannabis: Knowledge and Beliefs of Drivers in a Remedial Program
Tara Marie Watson, Robert E. Mann, Christine M. Wickens, Bruna Brands
Page 21
The Monetary Costs of Crime for a Sample of Offenders in Ontario
Christopher J. Koegl, David M. Day
Page 45
Negotiating Release? Analysing Decision Making in Bail Court
Carolyn Yule, Rachel Schumann
Page 67
Unsettled Times: Indigenous Incarceration and the Links between Colonialism and the Penitentiary in Canada
Vicki Chartrand
Abstracts
Deterring Driving under the Influence of Cannabis: Knowledge and Beliefs of Drivers in a Remedial Program
Tara Marie Watson, Robert E. Mann, Christine M. Wickens, Bruna Brands
As provincial and territorial governments across Canada adjust to the federal legalization of cannabis for non-medical use, strategies to deter driving under the influence of cannabis (DUIC) are increasingly attracting attention. Development and evaluation of legal and other measures designed to deter DUIC would benefit from improved understanding of knowledge and beliefs that underpin individuals’ engagement in and avoidance of DUIC. In 2017, we conducted 20 interviews with clients of a remedial program for officially processed (i.e., convicted or suspended) impaired drivers. Eligible study participants reported having driven a motor vehicle within an hour of using cannabis in the past year. Using a thematic analytic approach, we observed vague awareness of the content of drug-impaired–driving laws; perceived low likelihood of getting caught by police for DUIC, with some beliefs that enforcement would increase after legalization; and a range of opinions on four key deterrent strategies (i.e., roadside spot-check programs, legal limits for tetrahydrocannabinol, zero tolerance for novice drivers, and remedial programs). Many participants raised concerns about the accuracy of roadside testing procedures and fairness to drivers. Our findings provide new support for elements of legislation and programming that might effectively deter DUIC.
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The Monetary Costs of Crime for a Sample of Offenders in Ontario
Christopher J. Koegl, David M. Day
The monetary costs of criminal offending were calculated for a sample of 386 male offenders, between the ages of 12 and 26 years, in Ontario over a 15-year period. Cost estimates were obtained for four components: (1) victim costs; (2) correctional costs; (3) other criminal justice system (e.g., police, court, prosecution, legal aid) costs; and (4) undetected crimes. Results indicate that the aggregate longitudinal cost of offending for the sample was more than $671 million, or an average of $1.74 million per person. Factoring in undetected crime increased aggregate costs to $2.26 billion, or $5.86 million per person. The cost to victims for violent offending was approximately 10 times higher than for property offences ($165 million vs. $17 million). The costliest period was mid- to late adolescence, consisting of individuals between the ages of 15 and 17, which accounted for 40% of the total costs. During this interval, youths within the study committed a relatively large number of property crimes, which resulted in open and closed custody dispositions, driving up correctional costs. The results of this study demonstrate that tremendous monetary savings can be gained if effective developmental crime prevention programs successfully target high-risk youth early in their lives.
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Negotiating Release? Analysing Decision Making in Bail Court
Carolyn Yule, Rachel Schumann
The vast majority of accused in Canada are released on bail with conditions pending the resolution of their case. As members of the court-room workgroup, the defence, the Crown, and the Justice of the Peace (JP) are tasked with negotiating a set of release conditions in a timely fashion; yet little work has attempted to understand how exchanges between these court-room participants shape the number and type of bail conditions imposed and how closely their in-court actions align with their legally mandated roles. Data collected from court-room observations of 257 bail cases in southwestern Ontario show that the distinct occupational roles of the defence, the Crown, and JPs are blurred within bail proceedings, contributing to a culture of numerous conditions and restrictive releases.
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Unsettled Times: Indigenous Incarceration and the Links between Colonialism and the Penitentiary in Canada
Vicki Chartrand
The high rate of Indigenous incarceration is a well-documented problem throughout Canada. Within mainstream discourses, this problem is often framed as the legacy or effects of colonialism, which has resulted in the systemic racism and cultural and socio-economic deprivation experienced by Indigenous people today. An increasing body of scholarly literature is challenging the assumption that colonialism is something of the past by looking at how its structures and logics persist today. Thus far, however, little consideration has been given to the colonial context and emergence of Indigenous incarceration in Canada. By tracing the historical links between modern colonialism and the emergence of the Canadian penitentiary into the present, this research reveals some of the hidden connections that contribute to the current rates of Indigenous incarceration and the relationship that continues to exist between colonialism and the penal system today. These findings highlight a socio-politics of incarceration that go beyond a crime and justice framework.