Issue 36.2
Editor: NANCY WRIGHT
Highlights and Commentary on the Inventory of Official Reports and Commissions on Racism in the Canadian Criminal Justice System
By Mark Addo
Introduction by Dr. John Winterdyk (Criminologist) / Mount Royal University, Calgary (AB): This article by Mr. Addo presents a thought-provoking commentary on the list of official reports and Commissions on racism in Canada. Between 1989 when the first Royal Commission spotlighted systemic racism within the Canadian Criminal Justice System (CJS), seven subsequent reports and a Commission report that (systemic) racism (focusing only on Indigenous and Blacks) was and continues to be a problem in the CJS. Addo provides concise summaries of each of the reports and Royal Commission only to conclude that despite their collective voice, which repeatedly speaks to the ongoing issue of racism in the CJS, truly little has been accomplished as a result. Although not the objective of his article, it is interesting to note that Addo’s findings and conclusions parallel the concerns found in countries such as India, Jordan, Australia, and the United States where (systemic) racism is well documented and their various formal and informal initiatives have similarly not fared well. Addo’s article should serve as a call for a paradigm shift in how we manage this blight on humanity. The article offers some broad yet insightful suggestions as to how we might begin to (finally) effectively address the issue of racism and prejudice within Canadian society and arguably internationally.
The Canadian Criminal Justice System: Restorative Justice Gaining in Popularity—Attractive Alternatives to Prison/Retributive Justice
By Stefan Horodeckyj, HBA, BEd, JD
It is increasingly clear that the prison system in Canada, which is expensive to operate, has several major pitfalls, including overcrowding, substance abuse and mental health issues with inmates, and the disproportionate number of Indigenous prisoners. Restorative justice (RJ) models and associated programs, in the view of many criminologists, scholars and practitioners, offer an effective and cost-efficient alternative to the current prison system in Canada for certain crimes. RJ programs have been operating for over four decades in Canada to varying degrees in some of Canadian prisons and in the supervision of offenders in the community. A significant body of research shows that, where applied, RJ programs often provide healing and satisfy many of the needs of victims, offenders, and community stakeholders. Canada has successfully embraced Restorative Justice as an effective way to prevent recidivism given certain types of crime. Indigenous-based Restorative Justice traditionally aimed not only to address the restoration of the victim and individual offender but is also part of social justice and peacebuilding. Given its potential for crime circumvention, this aspect of Restorative Justice deserves more study.
Roundtables on Jury Representation and Criminal Delays
By Nathan Afilalo, Lawyer
Between December 2017 and November 2019, the Canadian Institute for the Administration of Justice (CIAJ)[1] hosted two series of roundtables, one on Indigenous and minority underrepresentation on criminal juries and another on delays in the criminal justice system. The roundtables, discussed in this article, offered a forum for members of the host province’s legal community to exchange problem-solving strategies. Participants not only gained a greater understanding of how other justice stakeholders are confronting the same issue but also discussed critiques of current and future projects.
[1] The Canadian Institute for the Administration of Justice (CIAJ) brings together individuals and institutions involved in the administration of justice and promotes excellence through knowledge, learning and the exchange of ideas: https://www.ciaj-icaj.ca/en/
A Critical Assessment of Mr. Big Operations and the Application of R. v. Hart
By Chanel Blais, Bachelor of Arts – Criminal Justice (Honours) – Class of 2019
The Canadian Mr. Big interrogation is an undercover policing, confession-producing technique (R. v. Hart; Smith, Stinson, & Patry, 2010, p. 39; Holmgren, 2017, p. 148) developed in the 1990s by the RCMP for use in cold cases where conventional investigations have failed to solve serious crimes. While the risk of false confession with Mr. Big is called into question by wrongful conviction advocates, civil rights groups, academics and defense attorneys, it is commended by the Royal Canadian Mounted Police (RCMP). The Supreme Court, in R. v. Hart (2014), added a two-pronged common law rule when trying Mr. Big cases to protect against wrongful convictions and abuse of power. However, analyses of subsequent rulings point to inconsistencies in the application of the Hart framework across the courts and the need for added legal protections for subjects of Mr. Big operations. The CCJA congratulates CHANEL BLAIS as the recipient of a Mount Royal University scholarship, the benefits of which include CCJA membership and publication of the following shortened, article-style version of Ms. Chanel’s winning Honour’s paper – “A Critical Assessment of Mr. Big Operations and R. v. Hart” – in this issue of the Justice Report!
Cannabis Act 2018
By Sarah Borbolla Garcés
Bachelor of Arts – Criminology and Sociology – University of Toronto
Pointing out that the consumption of cannabis was widespread for decades prior to legalization under the Cannabis 2018 legislation, Borbolla contends that this law should include expungements rather than record suspensions and they should be applied automatically. The author uses the criminological theory of Merton (1938) – strain theory – and more recent research to opine that Canada’s own history has had a major role to play in the over-representation of Indigenous people in drug convictions in Canada. Using a California law, which has not been fully implemented by the courts in many jurisdictions, as an example, Borbolla calls on Prime Minister Justin Trudeau to amend this law in an active act of reconciliation that recognizes and attempts to amend the harm done by past drug policy to our Indigenous communities.
COVID-19 and Domestic Violence: The ‘Shadow Pandemic’
By Samantha Barlage
Bachelor of Arts – Criminal Justice (Honours), Class of 2019; Bachelor of Arts – Psychology, Class of 2023. Mount Royal University (Calgary, Alberta).
As the COVID-19 pandemic continues to affect the daily lives of individuals across the world, the amount of damage done to public health continues to be measured. One area that has been greatly affected is the rate and severity of domestic violence (DV), mainly experienced by women. While stay-at-home orders may help slow the spread of COVID-19, the resulting social isolation may create dangerous situations where DV is occurring, but victims have fewer ‘safe’ opportunities to seek help. Canadian federal and provincial governments have responded by introducing legislation to combat intimate partner violence as part of new firearms laws, amending the Divorce Act and implementing Clare’s Law. Various scholars, researchers, and Canadian organizations have made suggestions for how governments can work to support those affected by DV and how DV support agencies can help existing clients access services remotely.
Critical Thinking and Criminal Decision Making – *Part One
By Brandi Chrismas, Graduate Student in Peace and Conflict Studies, Mauro Institute, University of Manitoba, B.A. in Sociology, Faculty of Arts, University of Manitoba
Research into the links between criminogenic behaviour and decision making stretches back centuries to the classical philosophers, early criminologists and, later, behaviourists. Such knowledge is relevant to the understanding of various types of criminal decision making associated with involvement in or with a criminal gang. In relation to criminal decision making, gangs can lure or groom (often already marginalized) youth with a ‘party’ lifestyle and a sense of social, albeit subcultural, inclusion. Once ensconced, they may feel little hope of escaping the gang life, let alone of obtaining a good, steady job. Sub-cultural social bonds, low self-control, social disorganizations, unemployment, deviant peers, and money dreams can contribute to bad decision making and result in a criminal act.
*Part II of this article, which will appear in volume 36.3 of the Justice Report, will take a closer look at the gang phenomenon and current crime decision-making frameworks.
Student Book Review Section – Dr. John Winterdyk, Ed.
Doug Heckbert’s Go Ahead and Shoot Me! And Other True Cases About Ordinary Criminals. (Durvile Publications, 2021).
Reviewed by Amanda Sherry (Justice Studies at Mount Royal University)
Amanda Sherry explores how testimonials by former parolees and probationers and trade stories by justice expert Doug Heckbert question the legitimacy of the actus reus and mens rea requirements.
Opinions expressed in this publication do not necessarily reflect the Association’s views, but are included to encourage reflection and action on the criminal justice system throughout Canada.