Abortion Quiz Questions
“How much do you know about abortions?”
1. How many abortions have taken place in Canada since 1969?
a) 5 million
b) 10 million
c) 3 million
d) 2.5 million
2. What percentage was accounted for teen abortions in 2004?
a) 20%
b) 17%
c) 12%
d) 50%
3. How much does abortion cost us Canada taxpayers every year?
a) 1 million
b) 75 million
c) 50 million
d) 80 million
4. What is the number one reason why women choose abortion in Canada?
a) Inadequate finances and not ready for responsibility
b) Would change their life too much
c) Problems with their relationship
d) Because of rape or incest
5. What percent of Canadian women choose abortion because of rape or incest?
a) 13%
b) 2.5%
c) 1%
d) 0.8%
6. Since 1973 (Roe vs. Wade decision), how many abortions have taken place in the United States?
a) 49 million
b) 50 million
c) 60 million
d) 50.5 million
7. What percentage of women in the United States who get an abortion, are younger than 25 years old?
a) 50%
b) 52%
c) 48%
d) 18%
8. Every year, worldwide, approximately how many abortions take place?
a) 45 million
b) 50 million
c) 29 million
d) 37 million
9. In what year, did section 251 of the Criminal Code become a law (decriminalized under certain conditions)?
a) 1970
b) 1969
c) 1988
d) 1989
10. What was the maximum penalty for having an abortion or performing an abortion?
a) 14 years in prison
b) 25 years in prison
c) Life in prison
d) $100,000 fine and 5 years in prison
11. Dr. Henry Morgentaler’s case was heard at The Supreme Court of Canada in what year?
a) 1989
b) 1969
c) 1988
d) 1990
12. In the case, R. vs. Sullivan, what were the midwives charged with?
a) Negligence causing death and bodily harm
b) Second degree murder
c) First degree murder
d) Manslaughter
13. In R. vs. Sullivan, the midwives were convicted of the first charge. What was their sentence?
a) 5 years probation
b) 2 years in prison
c) 3 years probation
d) 5 years in prison
14. In 1991, the midwives appealed their case to The Supreme Court of Canada. What was the decision?
a) Convicted of both charges of negligence
b) Acquitted of both charges
c) Guilty of first degree murder
d) Guilty of manslaughter
15. Abortion has killed more people in the United States, than Americans who have died in wars.
a) True
b) False
16. In Canada, the loss in tax revenues due to abortions is how much?
a) $3 million
b) $2-4 trillion
c) $5 trillion
d) $50 million
17. How much money is lost in tax revenue in America due to abortions?
a) $14 trillion
b) $19 trillion
c) $18 trillion
d) $60 trillion
18. Which of the following, are reported complications of having an abortion?
a) Mortality and Hemorrhages
b) Breast Cancer
c) Infertility
d) All of the above
19. Abortion is completely illegal in which countries?
a) Panama, Chile and Turks Islands
b) Chile, El Salvador and Nicaragua
c) El Salvador, Costa Rica and Chile
d) None of the above. Abortion is legal everywhere.
20.Which countries in the world have reported the most number of abortions?
a) China and Japan and India
b) United States and China
c) China, Japan and United States
d) United Kingdom, China and Japan
21. Which two countries have reported the least amount of abortions?
a) Cocos Islands and Anguilla
b) Turks Islands and Panama
c) Panama and Anguilla
d) Botswana and Turks Islands
World Issues Term 1 Project – UFO Conspiracy Theories
What is a UFO Conspiracy Theory?
- A UFO conspiracy theory is any theory that suggests that major world governments have hidden proof that UFO’s are the result of alien visitation but are withholding this information from everybody, for fear that we may be unprepared to deal with it.
- The term UFO means anything seen flying in the sky, that you are unsure of and cant immediately identify. This is considered an Unidentified Flying Object.
What do the people think?
- Polls show that many Americans believe that the US government is withholding UFO related evidence.
- A 1971 survey showed that 76% of Americans felt the government wasn’t revealing all they knew about UFO’s, 54% of people thought UFO’s most likely existed and 32% thought they came from outer space.
UFO Related Theories
- On October 30, 1938, Orson Welles directed a live radio adaptation of a classic novel at the time, War of the Worlds. (It sounded so realistic, that a lot of listeners were fooled into thinking that an actual alien invasion was happening in the United States. Their was confusion and panic.)
- Officials later said that the panic generated by the fake broadcast, inspired the government to cover up real UFO evidence, to avoid this from happening again. This is the beginning of where the conspiracy theories started.
Roswell Theory
- In 1947, the Roswell incident occurred. The US Air Force stated that a “flying saucer” had crashed near Roswell, New Mexico. (Officials quickly confirmed that it had been a misidentified weather balloon.)
- But even after this incident, their has been speculation that an alien spacecraft did crash near Roswell, and the government was just trying to cover it up.
Mantell Incident
- In 1948, an Air Force pilot named Thomas Mantell died from his airplane crashing. He had apparently been following an “aerial artifact” which he described as a “metallic object.. it is of tremendous size”. It was later confirmed that Thomas had been chasing the planet Venus. He had flying at the same time Venus was moving across the sky.
- Their was a problem with saying that he saw Venus because at the time, Venus wasn’t even at its maximum brightness, which make it almost impossible for him to see against the bright sky.
- An investigation was done and they came to the conclusion that he actually saw a “high altitude Skyhook balloon”. But from his description, many people still believed he saw a UFO.
More Incidents
- In the 1950’s a series of books was published by a former US marine arguing that the US government was holding back UFO information and evidence.
- In 1952 a government program called The Robertson Panel was established. They wanted to reduce public interest about those who had UFO encounters or those who studied UFO’s.
The Robertson Panel
- They were also supposed to spy on civilian UFO groups.
- There is evidence that these campaigns are still being followed, more than two decades after the Panel closed down.
- Many people think this seems suspicious.
Majestic 12
- This is the code name of an alleged very secret group of military leaders, government officials and scientists.
- They supposedly formed in 1947, and their purpose was to investigate UFO activity after the Roswell incident.
- This committee is part of the UFO conspiracy theory of a government cover up of UFO information.
UFO Cover Up Live
- On October 14, 1988 a two hour TV broadcast happened around the world.
- Special guests discussed the Majestic 12 documents and other theories.
- They discussed the government’s possible involvement with UFO’s and UFO crashes.
- During this broadcast was the first mention of Area 51 on TV.
Area 51
- Area 51 is a secret military facility north of Las Vegas, Nevada.
- In 1989, Bob Lazar claimed that he had worked with alien spacecraft at Area 51 when he used to be employed there.
- Many people questioned.. Is he telling the truth?
- A lie detector test was done to prove that he was
- Since then this area is known for the alleged US government UFO cover up
Area 51
- Some unusual activities that have claimed to have taken place at Area 51 include:
- The storage and examination of crashed alien spacecraft (including material supposedly uncovered at Roswell)
- Meetings and undertakings with extraterrestrials.
- Many UFO’s have been seen over the skies of Area 51, on Extraterrestrial Highway.
Picture of Extraterrestrial Highway in Nevada.
US Government
- The US government has shown an interest in UFO reports but doesn’t want to admit this or to discuss their opinions and findings.
- A study was done by the US government that suggested that evidence of extraterrestrials might be disruptive to human society.
- This study led to speculation that the US government might try to cover up evidence of UFO’s.
Project Blue Book
- Project Blue Book
-It was a series of studies of UFO’s conducted by The United States Air Force. It was active up until 1970.
-The goal of Project Blue Book was to determine if UFO’s were a potential threat to national security.
-Many UFO reports were collected and analyzed.
-Project Blue Book claimed that their was nothing extraordinary about UFO’s, but now critics looking back on this organization, have said that Blue Book was engaging in dubious research and possibly perpetrating a cover up of UFO evidence.
-Evidence shows that the US government continued collecting and studying UFO reports after Blue Book shut down.
-They collected 12, 618 UFO reports and concluded that most of them were misidentifications of natural phenomena, like clouds and stars or other types of aircrafts.
Project Blue Book Con’t
-About 700 of the reports were classified as unknown.
-Project Blue Book’s official conclusions were that UFO sightings were a result of a form of hysteria, people who like to fabricate reports to seek publicity, psychopathological people or misidentification of other objects like aircrafts.
-Many people, including scientists, didn’t believe these explanations and thought Blue Book was perpetrating a cover up.
August 1950
-In August 1950, a famous baseball player named Nicolas Mariana filmed several UFO’s with his camera. Project Blue Book was then called in and took his film to inspect it.
-After that, they returned it to him with most of the footage removed.
-This incident sparked nation wide media attention.
1956
-In 1956, a book was published called “They Knew Too Much About Flying Saucers”, which stated the idea of men in black who come to UFO witnesses and then warn them to keep quiet.
-Their has been speculation that the men in black, are government agents who harass and threaten UFO witnesses.
Alleged Holloman Air Force Base UFO Landing
-In 1973, Emenegger and Sandler were in contact with officials at Norton Air Force Base, because they wanted to make a documentary.
-Air Force officials told them they should incorporate UFO information in the documentary, including the 1971 UFO landing at Holloman Base.
-They went to Holloman and were shown where officials had met with aliens. And this was not the first time, according to military sources.
-The documentary was released in 1974 and discussed Holloman.
Linda Moulton Howe
-In 1983, she decided to produce a new documentary about UFO’s
-An Air Force agent wanted to meet her and disclose some secret UFO information
-He allowed her to read a secret document called “A briefing paper for the President of the United States on the Subject of Unidentified Flying Vehicles”.
-She wasn’t allowed to copy the paper or take notes and had to read it in front of the agent.
-She said the document detailed events like UFO crashes and recoveries, including some where the alien occupants were alive and were taken care of by the US government.
Linda Moulton Howe
-According to the report, the aliens gave some aircraft to the US government so they could determine how they worked.
-When she told the TV station about what she read, they were interested but needed a letter from the US government before pursuing the documentary.
-She set up meetings with the Air Force agent, but he kept cancelling.
-He finally said that he was no longer allowed to be involved in the UFO documentary, because of what he let her read.
-The documentary never happened.
Two Pictures of UFO’s.
1950 in Oregon
1950, Illinois
Resistance During
The Holocaust
Resistance Topic Overview
Background of Resistance
Forms of Resistance
Resistance Groups And Their Actions
Resistance 1942
Resistance 1943
Resistance 1944
Conclusion
Resistance Introduction
Resistance was a time during the Holocaust in which many people struggled for life, but not all of them lived. Their were many methods they used to try and defeat the Nazi’s. Resistance came in many forms and their were many different groups.
Resistance Definition
The resistance movement, was Europe’s top secret armies, also called partisans.
Their main objective was to defeat Nazi Germany’s army, by causing resistance.
Background Of Resistance
Resistance occurred in every European country.
Largest resistance movement groups were Yugoslav Partisans and Soviet Partisans.
Western Europe: Resistance movement focused on underground/secret organizations.
Background Of Resistance
Italy and France
Guerilla Warfare is when a small group combats a larger group or formal army.
Background Of Resistance
Communists helped the Soviet Union gain control of some countries after the war.
Partisan groups were most successful in Yugoslavia. There, they formed two guerilla warfare armies.
Resistance was a struggle to survive.
Resistance Photos
Resistance Photos
Forms of Resistance
Sabotage
Encouraged people to resist working
Strikes
Armed Resistance
Unarmed Resistance
Uprisings, such as the Warsaw.
Battle
Political Resistance
Going into Hiding
Forms of Resistance Continued
Helping POW’s (Prisoner’s of War) with illegal supplies, breakouts and communication.
Forging Documents
Smuggling food, clothing and medicine
Resistance in Concentration Camps
Gathered intelligence for the allies
Openly attacked Germans
This work was important but extremely dangerous.
Resistance Groups
Resistance movement groups included:
Yugoslav Partisans
Soviet Resistance
Polish, Jewish, French, Dutch, Belgian, Belarusian, Chinese Resistance groups.
German Anti-Nazi Resistance
And many more.
Resistance Groups and Their Actions
Belgium Resistance Group: 1943.
Italian Resistance Group
Towns and Churches hiding people
Resistance- 1942
Eastern Europe::
Joseph Stalin established an underground movement to fight the enemy.
Family Camps were established.
They hid in forests in hopes of staying alive and fighting the enemy.
Resistance- 1942
Western Europe::
Here, their were acts of organized armed resistance.
Resistance- 1943
The Warsaw Ghetto Uprising was the first large uprising in a German occupied territory.
Treblinka Concentration Camp
Resistance 1943 Continued
Sobibor Concentration Camp.
Prisoners attempted to escape in 1943.
300 of 700 prisoners survived
50 of them survived the entire war
Resistance- 1944
Auschwitz. One Crematoria was blown up by Jewish workers.
Resistance continued until the end of the war.
Resistance Conclusion
Resistance against the Nazi’s, was taking part in many forms, from armed to unarmed and sabotage to uprisings. Many people hid or escaped and struggled to live. Many died and few survived. It was a dark time during the Holocaust.
BEFORE THE PRESENTATION
Write down whether you think the statement is true or false and see how your answers differ throughout the presentation.
•People with OCD can stop their obsessions if they wanted to. FALSE
•An obsession with cleaning or contamination is the most common symptom. FALSE
•OCD is always inherited. FALSE
•People with OCD actually have abnormalities in their brains. TRUE
•People from all over the world can get OCD. TRUE
•If you’re obsessed with shopping, you may have OCD. FALSE
•A severe strep throat in children, can trigger OCD symptoms. TRUE
OUTLINE OF TOPICS
- What Is OCD?
- Obsessions
- Compulsions
- Symptoms
- Causes
- Who Gets OCD?
- Misconceptions
- Treatments
- Conclusion
WHAT IS OCD?
-Obsessive Compulsive Disorder or OCD is a type of anxiety disorder.
-It involves both obsessions and compulsions.
-Obsessions are repetitive thoughts or fears which cause anxiety.
-Compulsions are behaviors that people feel they need to do, to control their obsessions.
-In people with OCD, these obsessions and compulsions preoccupy their thoughts.
OBSESSIONS
- Obsessions are thoughts, images or impulses that repeatedly enter a person’s mind.
-Examples of Obsessions are:
-Fear of Contamination (Fear of germs, disease or illness)
-Doubting (When you become convinced that you haven’t done something like turning off the lights)
-Harm to yourself or others. (Fears about causing a car crash, stabbing yourself or someone you love)
-Obsessions with lucky or unlucky numbers. (Having an obsession with a number and then doing a task a certain number of times)
-Hoarding (Keeping meaningless items, like old clothes or magazines)
-Constantly paranoid or fearful. (Have more fears than the normal person and most of your time is spent worrying)
- (Constantly being afraid of) Making mistakes (at a job possibly or at school or at an activity like a sport)
-Doing something bad (like hurting someone or breaking the law)
COMPULSIONS
-Compulsions are repetitive acts that a person feels they must keep doing over and over again.
-Examples of compulsions are:
-Cleaning (Washing hands all the time, excessively cleaning, showering more than the normal person)
-Repeating (repeating words, questions, re-reading or re-writing things until they feel “just right” for them)
-Counting (Doing something a certain number of times)
-Ordering (Feeling the need to have books in alphabetical order and arranged a certain way, having the hangers in your closet a certain width apart, having the labels of pop cans face a certain way)
-Checking (repeatedly checking if you did something, like unplugging a curling iron or turning off the stove)
-Asking questions of reassurance (like “do you still like me?”, “will you always love me?” are some common ones.)
-Hoarding (Keeping meaningless items that you don’t need like pop can collections or old magazine collections)
SYMPTOMS
-(For symptoms to be categorized as OCD..) Symptoms take up most of their time. (people with OCD will usually think about their obsessions anywhere from 2 hours to 17 hours a day)
- (By performing these compulsions people )Feel that it will relieve their anxiety. (but it only does so temporarily)
-More than just normal worries, doubts and rituals. (because they’re excessive)
-Disrupt daily life and functioning. (80-100% of people with OCD have a hard time functioning at home, work and in their social life. 60% of people have a hard time maintaining relationships)
- (people feel they have )No control.
-Symptoms often disappear for awhile but then reappear later in life. (People usually don’t start getting treatment until years after they’ve had it, because of disappearing symptoms)
SYMPTOMS
-Excessively cleaning. (or washing hands)
-Repeatedly checking if you turned off the stove.
-Constantly fearing that you did something wrong. (or didn’t do a good enough job)
-Keeping old magazines or old clothing. (because you’re scared of throwing them away)
-Counting to a certain lucky number before doing something.
SYMPTOMS
-Excessively showering.
-Questions of reassurance.
-Avoid touching “unclean” items. (like a public bathroom door handle)
-Collecting old items
-Fearing that you will hurt someone you love.
-Excessive list making.
-Putting books in alphabetical order and making sure they all face the same way.
MOST COMMON SYMPTOMS
-79% of people with OCD, engage in Checking. (which is the most common symptom)
-62% engage in Hoarding.
-57% in Ordering
-26% in Contamination/Cleaning
-24% in Harming or Aggression.
CAUSES
-The true cause of OCD is unknown. (there are only theories)
-OCD tends to run in families. (25% of people with OCD have a family with it or another anxiety disorder)
-Serotonin is one the brain’s chemical messengers. (It plays a part in mood, sleep, appetite, impulse control, pain and aggression)
-Insufficient amount of serotonin in the brain. (which is the most probable cause)
-Brain misinterprets information.
-Communication problems of serotonin between Basal Ganglia and Orbital Cortex of the brain. (The orbital cortex is hyperactive in people with OCD. It sends out false alarms which lead to repetitive behaviors.
CAUSES
-60% of OCD cases, follow a stressful or traumatic experience, which triggers symptoms. (like a death in the family)
-A severe strep throat infection in children, can trigger OCD symptoms.
-Abnormalities in the brains of people with OCD.
-Caudate Nucleus in the brain, doesn’t function properly. (It can’t regulate information regarding worrying ideas or events between the Thalamus and the Orbital Cortex. It has control of the brain’s learning and memory system).
-ORBITAL CORTEX
-Located in the front of the brain.
-Controls attention span, planning, impulse control, critical thinking, problem solving and decision making.
-BASAL GANGLIA
-Located in the inner brain.
-Sets anxiety levels, controls pleasures, learning, emotions and motivation.
(so in people with OCD, those two sections can’t communicate properly)
WHO GETS OCD?
-2.3% of the population ages 18-54 has OCD.
-Males show symptoms sooner. (On average, males usually start to show symptoms between ages 6 and 15 and females between ages 20 and 24)
-Usually develops in teen or early adulthood years. (1/3rd of adults with OCD, started showing symptoms in childhood).
-Can start in children as young as 2 years old.
-3.3 million Americans
-395,000 Canadians
-Affects all ethnic groups, colors, genders, races and ages in all parts of the world.
WHO GETS OCD?
-Occurs equally in men and women.
-Every 1 in 50 adults.
-Every 1 in 200 children or teens
-90% of people with OCD have another disorder accompanying it. (The most common ones are depression, eating disorders, body dysmorphic disorder, other anxiety disorders or bipolar)
MISCONCEPTIONS
-People think it’s rare. (It’s the 4th most common psychiatric disorder. It’s more common than schizophrenia and bipolar)
-People think perfectionists have OCD. (Most of the time they don’t. Only if it starts to affect their daily living, it’s possible)
-That stress causes it. (Stress can trigger or worsen symptoms, but doesn’t directly cause it)
-That bad parenting/neglecting childhood causes it. (People with OCD actually have abnormalities in their brains and parenting doesn’t affect that)
-That it’s a character flaw or excuse (for not having to do something or just being lazy. But really, they can’t control the disorder)
-That it means you’re crazy. (Not true. It’s a brain disorder that they have no control over)
-Mistake obsessions, with someone who is obsessed. (Stalking someone or being obsessed with a celebrity is not OCD. It has to be an irrational obsession that you can’t control, followed by a compulsion)
MISCONCEPTIONS
-OCD doesn’t include compulsive shoppers, gamblers or people with only intense fears or phobias.
TREATMENTS
-Treatments consist of two parts:
-Medication
-Cognitive-Behavior Therapy
MEDICATION
- Medication to increase serotonin in the brain. (Medication is available to increase the amount of serotonin in the brain which then lessens the OCD symptoms)
-These are called Serotonin Re-Uptake Inhibitors. (Examples are antidepressants, Prozac, Luvox, Zoloft and Paxil)
-For over 50% of people, the medications decrease symptoms of OCD. (so they have less obsessive thoughts and compulsions)
-To see an improvement, it usually takes about 3 weeks.
COGNITIVE-BEHAVIOR THERAPY
-It has two sections called Exposure and Response Prevention.
-In the exposure, the person has to confront their fears/obsessions.
-The person is told not to act on their compulsions.
-The person learns to tolerate their anxiety and control their compulsions and thoughts.
-Over time, they experience less anxiety from their obsessions and compulsions
-(An example would be if someone were obsessed with germs and contamination, then they would be asked to touch something dirty like a door handle and not wash their hands excessively.)
COGNITIVE-BEHAVIOR THERAPY
-76% of people had lasting results after the therapy
-It teaches people effective ways of responding to their obsessive thoughts, without performing compulsions. (The therapy is successful in helping to change people’s thinking patterns).
RESPONSE TO BEHAVIOR THERAPY
Source: OCD Recovery Centers of America.
www.ocdrecoverycenters.com/ocd/ocd_chart
The chart shows that before therapy, people had very intense obsessions and compulsive thoughts and behaviors. But after 3 months of therapy, the intensity of their thoughts and feelings and behaviors is very low at 0 and 1. So it shows that the therapy is very effective.
OTHER TREATMENTS
-Group Therapy
-A group of people with OCD meet to encourage and provide support to one another.
HANNAH’S STORY
As a young child, Hannah didn’t like to get dirty. She was overly concerned about dirt. She knew this fear of germs wasn’t logical but thought that if she allowed herself to get dirty, something bad would happen to her. At age 17, Hannah decided that if she got dirty, she would get a horrible disease. She focused on dirty hands as the culprit. She washed her hands repeatedly to combat the germs that might be there. Her hands became red and sore. She had to sterilize the toilet and shower before and after using them. She had to allow so much time for cleaning and became a slave to the disorder. She didn’t allow people to touch her because of their dirty hands. She then became obsessed with safety issues. She checked countless times to see that the doors were locked. She knew her fears were irrational but she couldn’t stop them. She became more and more depressed. Her behaviors continued until it was a real problem. She went to the doctor and took antidepressants. She also began therapy and she is now a healthy and happy person.
CONCLUSION
-OCD can affect everyone.
-OCD includes both obsessions and compulsions.
-There is no true cause for OCD, just theories.
-Obsessions and Compulsions affect the person’s daily living and eventually take over their lives.
-Most people with OCD, have another disorder as well.
-Cognitive-Behavior Therapy is the most effective treatment.
-There is no cure for OCD but it is treatable.
Video: 10:55-16:00 – 6 minutes
Before video: This video is about the symptoms of OCD and a story about a woman with OCD.
After video: So you can see how OCD affected the woman’s life in that she couldn’t function very well.
Quiz: give 5-10 minutes.
Is anybody still writing? After 5 minutes.
Answers:
- B
- A
- C
- C
- A
- D
- B
- A
- B
- D
Employee benefits
14(7) Subject to subsection 21(6.4) of The Pension Benefits Act, the Lieutenant Governor in Council may make regulations prescribing distinctions, conditions, requirements or qualifications that, for the purposes of this section, shall be deemed to be bona fide and reasonable in respect of an employee benefit plan, whether provided for by individual contract, collective agreement or otherwise.
Personal services in private residence
14(8) For the purposes of this section, it is a bona fide and reasonable requirement or qualification where, in choosing a person to provide personal services in a private residence, the employer discriminates for the bona fide purpose of fostering or maintaining a desired environment within the residence, if there is otherwise no contravention of this Code in the employment relationship.
"Personal services" defined
14(9) In subsection (8), "personal services" means work of a domestic, custodial, companionship, personal care, child care, or educational nature, or other work within the residence that involves frequent contact or communication with persons who live in the residence.
Exception for age of majority
14(10) Nothing in this section prevents a person from limiting the employment or occupation of a person under the age of majority, or from classifying or referring to a person under the age of majority for an employment or occupation, in accordance with a statute in force in Manitoba that regulates the employment or occupation of persons under the age of majority.
Promotion of beliefs, etc.
14(11) Nothing in this section prohibits the lawful and reasonable disciplining of an employee or person in an occupation who violates the duties, powers or privileges of the employment or occupation by improperly using the employment or occupation as a forum for promoting beliefs or values based upon any characteristic referred to in subsection 9(2).
No reduction of wages, etc.
14(12) An employer shall not, in order to comply with this section,
(a) terminate the employment or occupation of any person; or
(b) reduce the wage level or diminish any other benefit available to any person in an employment or occupation; or
(c) change the customs, practices and conditions of an employment or occupation to the detriment of any person;
if the person accepted the employment or occupation, the wage level or other benefit, or the customs, practices and conditions in good faith.
"Employment or occupation" defined
14(13) In this section, "employment or occupation" includes
(a) work that is actual or potential, full-time or part-time, permanent, seasonal or casual, and paid or unpaid; and
(b) work performed for another person under a contract either with the worker or with another person respecting the worker's services.
Discrimination in contracts
15(1) No person shall discriminate with respect to
(a) entering into any contract that is offered or held out to the public generally or to a section of the public; or
(b) any term or condition of such a contract;
unless bona fide and reasonable cause exists for the discrimination.
Life insurance, etc., contracts
15(2) The Lieutenant Governor in Council may make regulations prescribing distinctions, conditions, requirements or qualifications that, for the purposes of this section, shall be deemed to be bona fide and reasonable in respect of life insurance, accident and sickness insurance or life annuities, whether provided for by individual contract, collective agreement, or otherwise.
Discrimination in rental of premises
16(1) No person shall discriminate with respect to
(a) the leasing or other lawful occupancy of, or the opportunity to lease or otherwise lawfully occupy, any residence or commercial premises or any part thereof; or
(b) any term or condition of the leasing or other lawful occupancy of any residence or commercial premises or any part thereof;
unless bona fide and reasonable cause exists for the discrimination.
Exception for private residence, etc.
16(2) Subsection (1) does not apply to
(a) the choice of a boarder or roomer for a private residence by the occupier of the residence; or
(b) the choice of a tenant for a unit in a duplex by the owner of the duplex, if the owner occupies the other unit in the duplex.
Discrimination in purchase of real property
17 No person shall discriminate with respect to
(a) the purchase or other lawful acquisition of, or the opportunity to purchase or otherwise lawfully acquire, any residence, commercial premises, or other real property or interest therein that has been advertised or otherwise publicly represented as being available for purchase or acquisition; or
(b) any term or condition of the purchase or other lawful acquisition of any such property or interest;
unless bona fide and reasonable cause exists for the discrimination.
Discriminatory signs and statements
18 No person shall publish, broadcast, circulate or publicly display, or cause to be published, broadcast, circulated or publicly displayed, any sign, symbol, notice or statement that
(a) discriminates or indicates intention to discriminate in respect of an activity or undertaking to which this Code applies; or
(b) incites, advocates or counsels discrimination in respect of an activity or undertaking to which this Code applies;
unless bona fide and reasonable cause exists for the discrimination.
Harassment
19(1) No person who is responsible for an activity or undertaking to which this Code applies shall
(a) harass any person who is participating in the activity or undertaking; or
(b) knowingly permit, or fail to take reasonable steps to terminate, harassment of one person who is participating in the activity or undertaking by another person who is participating in the activity or undertaking.
"Harassment" defined
19(2) In this section, "harassment" means
(a) a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in subsection 9(2); or
(b) a series of objectionable and unwelcome sexual solicitations or advances; or
(c) a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or
(d) a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.
Reprisals
20 No person shall deny or threaten to deny any benefit, or cause or threaten to cause any detriment, to any other person on the ground that the other person
(a) has filed or may file a complaint under this Code; or
(b) has laid or may lay an information under this Code; or
(c) has made or may make a disclosure concerning a possible contravention of this Code; or
(d) has testified or may testify in a proceeding under this Code; or
(e) has participated or may participate in any other way in a proceeding under this Code; or
(f) has complied with, or may comply with, an obligation imposed by this Code; or
(g) has refused or may refuse to contravene this Code.
Prosecution
51(1) Every person who
(a) contravenes a provision of this Code; or
(b) deprives, abridges or restricts, or attempts to deprive, abridge or restrict, any other person in the enjoyment of a right under this Code; or
(c) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, the Commission or any of its members, officers or employees, an adjudicator, or any other person acting under the authority of this Code, in the exercise of their respective powers, duties and functions under this Code; or
(d) fails to comply with a decision or order of an adjudicator, other than an order for the payment of money;
is guilty of an offence and is liable on summary conviction
(e) in the case of an individual, to a fine of not more than $2,000.; or
(f) in any other case, to a fine of not more than $10,000.
http://www.csc-scc.gc.ca/text/prgrm/educ-e
http://www.csc-scc.gc.ca/text/prgrm/corr-e
http://www.vcn.bc.ca/august10/politics/f
http://www.gov.mb.ca/justice/corrections/i
Universality of service for Canadian Forces
(9) Subsection (2) is subject to the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.
R.S., 1985, c. H-6, s. 15; R.S., 1985, c. 32 (2nd Supp.), s. 41; 1998, c. 9, ss. 10, 15.
16. (1) It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group.
Advice and assistance
(2) The Canadian Human Rights Commission, may
(a) make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and
(b) on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve.
Collection of information relating to prohibited grounds
(3) It is not a discriminatory practice to collect information relating to a prohibited ground of discrimination if the information is intended to be used in adopting or carrying out a special program, plan or arrangement under subsection (1).
R.S., 1985, c. H-6, s. 16; 1998, c. 9, s. 16.
Plans to meet the needs of disabled persons
17. (1) A person who proposes to implement a plan for adapting any services, facilities, premises, equipment or operations to meet the needs of persons arising from a disability may apply to the Canadian Human Rights Commission for approval of the plan.
Approval of plan
(2) The Commission may, by written notice to a person making an application pursuant to subsection (1), approve the plan if the Commission is satisfied that the plan is appropriate for meeting the needs of persons arising from a disability.
Effect of approval of accommodation plan
(3) Where any services, facilities, premises, equipment or operations are adapted in accordance with a plan approved under subsection (2), matters for which the plan provides do not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the plan was approved.
Notice when application not granted
(4) When the Commission decides not to grant an application made pursuant to subsection (1), it shall send a written notice of its decision to the applicant setting out the reasons for its decision.
1980-81-82-83, c. 143, s. 9.
18. (1) If the Canadian Human Rights Commission is satisfied that, by reason of any change in circumstances, a plan approved under subsection 17(2) has ceased to be appropriate for meeting the needs of persons arising from a disability, the Commission may, by written notice to the person who proposes to carry out or maintains the adaptation contemplated by the plan or any part thereof, rescind its approval of the plan to the extent required by the change in circumstances.
Effect where approval rescinded
(2) To the extent to which approval of a plan is rescinded under subsection (1), subsection 17(3) does not apply to the plan if the discriminatory practice to which the complaint relates is subsequent to the rescission of the approval.
Statement of reasons for rescinding approval
(3) Where the Commission rescinds approval of a plan pursuant to subsection (1), it shall include in the notice referred to therein a statement of its reasons therefor.
1980-81-82-83, c. 143, s. 9.
Opportunity to make representations
19. (1) Before making its decision on an application or rescinding approval of a plan pursuant to section 17 or 18, the Canadian Human Rights Commission shall afford each person directly concerned with the matter an opportunity to make representations with respect thereto.
Restriction on deeming plan inappropriate
(2) For the purposes of sections 17 and 18, a plan shall not, by reason only that it does not conform to any standards prescribed pursuant to section 24, be deemed to be inappropriate for meeting the needs of persons arising from disability.
1980-81-82-83, c. 143, s. 9.
Certain provisions not discriminatory
20. A provision of a pension or insurance fund or plan that preserves rights acquired before March 1, 1978 or that preserves pension or other benefits accrued before that day does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
R.S., 1985, c. H-6, s. 20; 1998, c. 9, s. 17.
21. The establishment of separate pension funds or plans for different groups of employees does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice if the employees are not grouped in those funds or plans according to a prohibited ground of discrimination.
R.S., 1985, c. H-6, s. 21; 1998, c. 9, s. 17.
22. The Governor in Council may, by regulation, prescribe the provisions of any pension or insurance fund or plan, in addition to the provisions described in sections 20 and 21, that do not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
R.S., 1985, c. H-6, s. 22; 1998, c. 9, s. 17.
23. The Governor in Council may make regulations respecting the terms and conditions to be included in or applicable to any contract, licence or grant made or granted by Her Majesty in right of Canada providing for
(a) the prohibition of discriminatory practices described in sections 5 to 14.1; and
(b) the resolution, by the procedure set out in Part III, of complaints of discriminatory practices contrary to such terms and conditions.
R.S., 1985, c. H-6, s. 23; 1998, c. 9, s. 18.
24. (1) The Governor in Council may, for the benefit of persons having any disability, make regulations prescribing standards of accessibility to services, facilities or premises.
Effect of meeting accessibility standards
(2) Where standards prescribed pursuant to subsection (1) are met in providing access to any services, facilities or premises, a matter of access thereto does not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the standards are prescribed.
Publication of proposed regulations
(3) Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make pursuant to this section shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.
Exception
(4) Subsection (3) does not apply in respect of a proposed regulation that has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.
Discriminatory practice not constituted by variance from standards
(5) Nothing shall, by virtue only of its being at variance with any standards prescribed pursuant to subsection (1), be deemed to constitute a discriminatory practice.
1980-81-82-83, c. 143, s. 11.
http://web2.gov.mb.ca/laws/statutes/ccsm/h
The Human Rights Code (Manitoba)
(Assented to July 17, 1987)
WHEREAS Manitobans recognize the individual worth and dignity of every member of the human family, and this principle underlies the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, and other solemn undertakings, international and domestic, that Canadians honour;
AND WHEREAS Manitobans recognize that
(a) implicit in the above principle is the right of all individuals to be treated in all matters solely on the basis of their personal merits, and to be accorded equality of opportunity with all other individuals;
(b) to protect this right it is necessary to restrict unreasonable discrimination against individuals, including discrimination based on stereotypes or generalizations about groups with whom they are or are thought to be associated, and to ensure that reasonable accommodation is made for those with special needs;
(c) in view of the fact that past discrimination against certain groups has resulted in serious disadvantage to members of those groups, and therefore it is important to provide for affirmative action programs and other special programs designed to overcome this historic disadvantage;
(d) much discrimination is rooted in ignorance and education is essential to its eradication, and therefore it is important that human rights educational programs assist Manitobans to understand all their fundamental rights and freedoms, as well as their corresponding duties and responsibilities to others; and
(e) these various protections for the human rights of Manitobans are of such fundamental importance that they merit paramount status over all other laws of the province;
NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Code
"adjudication panel" means the adjudication panel established under section 8; (« tribunal d'arbitrage »)
"adjudicator" means the member of the adjudication panel who has been designated under this Code to adjudicate a complaint; (« arbitre »)
"Commission" means the Manitoba Human Rights Commission; (« Commission »)
"complainant" means a person who files a complaint, but does not include the Commission or the executive director in respect of a complaint filed under subsection 22(3); (« plaignant »)
"complaint" means a complaint filed under section 22 alleging a contravention of this Code; (« plainte »)
"court" means the Court of Queen's Bench; (« tribunal »)
"Crown agency" means
(a) a board, commission, association, or other body, whether incorporated or unincorporated, all the members of which or of the board of management or board of directors of which are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council; or
(b) a corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of the shares of the capital stock thereof by the Crown or by a board, commission, association, or other body that is a Crown agency within the meaning of this definition; (« organisme gouvernemental »)
"discrimination" has the meaning set out in section 9; (« discrimination »)
"dog guide" means a dog that serves as a guide or leader for a visually impaired person and has been trained for that purpose; (« chien guide »)
"employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees; (« association d'employeurs »)
"executive director" means the executive director of the Commission; (« directeur général »)
"hearing" means a hearing held by an adjudicator for the purpose of adjudicating a complaint; (« audience »)
"local authority" includes
(a) a municipality;
(b) a local government district;
(c) the board of trustees of a school division or school district established under The Public Schools Act;
(d) the board of a planning district established under The Planning Act;
(e) a health and social services board established under The District Health and Social Services Act;
(f) the governing board of a hospital district, medical nursing unit district or medical service unit district established under The Health Services Act; and
(g) a council of a community within the meaning of The Northern Affairs Act; (« autorité locale »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Code; (« ministre »)
"occupational association" means an organization, other than a trade union or employers' organization, in which membership is a prerequisite or from which licensing or certification is necessary to carrying on an occupation or employment; (« association professionnelle »)
"person", in addition to the extended meaning given it by The Interpretation Act, includes
(a) an employment agency, employers' organization, trade union, occupational association, professional association, trade association and any other group or class of persons; and
(b) for greater certainty, a local authority; (« personne »)
"reply" means a reply filed under section 25 in response to a complaint; (« réponse »)
"respondent" means a person alleged in a complaint to have contravened this Code; (« intimé »)
"trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers. (« syndicat ouvrier »)
PART II
PROHIBITED CONDUCT AND SPECIAL PROGRAMS
9(1) In this Code, "discrimination" means
(a) differential treatment of an individual on the basis of the individual's actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or
(b) differential treatment of an individual or group on the basis of any characteristic referred to in subsection (2); or
(c) differential treatment of an individual or group on the basis of the individual's or group's actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in subsection (2); or
(d) failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2).
9(2) The applicable characteristics for the purposes of clauses (1)(b) to (d) are
(a) ancestry, including colour and perceived race;
(b) nationality or national origin;
(c) ethnic background or origin;
(d) religion or creed, or religious belief, religious association or religious activity;
(e) age;
(f) sex, including pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
(g) gender-determined characteristics or circumstances other than those included in clause (f);
(h) sexual orientation;
(i) marital or family status;
(j) source of income;
(k) political belief, political association or political activity;
(l) physical or mental disability or related characteristics or circumstances, including reliance on a dog guide or other animal assistant, a wheelchair, or any other remedial appliance or device.
9(3) In this Code, "discrimination" includes any act or omission that results in discrimination within the meaning of subsection (1), regardless of the form that the act or omission takes and regardless of whether the person responsible for the act or omission intended to discriminate.
9(4) For the purpose of dealing with any case of alleged discrimination under this Code, no characteristic referred to in subsection (2) shall be interpreted to extend to any conduct prohibited by the Criminal Code of Canada.
No condoning or condemning of beliefs, etc.
9(5) Nothing in this Code shall be interpreted as condoning or condemning any beliefs, values, or lifestyles based upon any characteristic referred to in subsection (2).
10 For the purposes of this Code, where an officer, employee, director or agent of a person contravenes this Code while acting in the course of employment or the scope of actual or apparent authority, the person is also responsible for the contravention unless the person
(a) did not consent to the contravention and took all reasonable steps to prevent it; and
(b) subsequently took all reasonable steps to mitigate or avoid the effect of the contravention.
Affirmative action, etc. permitted
11 Notwithstanding any other provision of this Code, it is not discrimination, a contravention of this Code, or an offence under this Code
(a) to make reasonable accommodation for the special needs of an individual or group, if those special needs are based upon any characteristic referred to in subsection 9(2); or
(b) to plan, advertise, adopt or implement an affirmative action program or other special program that
(i) has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 9(2), and
(ii) achieves or is reasonably likely to achieve that object.
Reasonable accommodation required
12 For the purpose of interpreting and applying sections 13 to 18, the right to discriminate where bona fide and reasonable cause exists for the discrimination, or where the discrimination is based upon bona fide and reasonable requirements or qualifications, does not extend to the failure to make reasonable accommodation within the meaning of clause 9(1)(d).
Discrimination in service, accommodation, etc.
13(1) No person shall discriminate with respect to any service, accommodation, facility, good, right, licence, benefit, program or privilege available or accessible to the public or to a section of the public, unless bona fide and reasonable cause exists for the discrimination.
13(2) Nothing in subsection (1) prevents the denial or refusal of a service, accommodation, facility, good, right, licence, benefit, program or privilege to a person who has not attained the age of majority if the denial or refusal is required or authorized by a statute in force in Manitoba.
14(1) No person shall discriminate with respect to any aspect of an employment or occupation, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
14(2) In subsection (1), "any aspect of an employment or occupation" includes
(a) the opportunity to participate, or continue to participate, in the employment or occupation;
(b) the customs, practices and conditions of the employment or occupation;
(c) training, advancement or promotion;
(d) seniority;
(e) any form of remuneration or other compensation received directly or indirectly in respect of the employment or occupation, including salary, commissions, vacation pay, termination wages, bonuses, reasonable value for board, rent, housing and lodging, payments in kind, and employer contributions to pension funds or plans, long-term disability plans and health insurance plans; and
(f) any other benefit, term or condition of the employment or occupation.
14(3) No person shall publish, broadcast, circulate or display, or cause to be published, broadcast, circulated or displayed, any statement, symbol or other representation, written or oral, that indicates directly or indirectly that any characteristic referred to in subsection 9(2) is or may be a limitation, specification or preference for an employment or occupation, unless the limitation, specification or preference is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
14(4) No person shall use or circulate any application form for an employment or occupation, or direct any written or oral inquiry to an applicant for an employment or occupation, that
(a) expresses directly or indirectly a limitation, specification or preference as to any characteristic referred to in subsection 9(2); or
(b) requires the applicant to furnish information concerning any characteristic referred to in subsection 9(2);
unless the limitation, specification or preference or the requirement to furnish the information is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
Discrimination by employment agencies, etc.
14(5) No person who undertakes, with or without compensation, to
(a) obtain any other person for an employment or occupation with a third person; or
(b) obtain an employment or occupation for any other person; or
(c) test, train or evaluate any other person for an employment or occupation; or
(d) refer or recommend any other person for an employment or occupation; or
(e) refer or recommend any other person for testing, training or evaluation for an employment or occupation;
shall discriminate when doing so, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
Discrimination by organizations, etc.
14(6) No trade union, employer, employers' organization, occupational association, professional association or trade association, and no member of any such union, organization or association, shall
(a) discriminate in respect of the right to membership or any other aspect of membership in the union, organization or association; or
(b) negotiate on behalf of any other person in respect of, or agree on behalf of any other person to, an agreement that discriminates;
unless bona fide and reasonable cause exists for the discrimination.
Canadian Bill of Rights
1960, c. 44
C-12.3
[Assented to August 10th, 1960]
An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms
The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
BILL OF RIGHTS
Recognition and declaration of rights and freedoms
1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of any person;
(b) impose or authorize the imposition of cruel and unusual treatment or punishment;
(c) deprive a person who has been arrested or detained
(i) of the right to be informed promptly of the reason for his arrest or detention,
(ii) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;
(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; or
(g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
Exception
(2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of this Part.
1960, c. 44, s. 3; 1970-71-72, c. 38, s. 29; 1985, c. 26, s. 105; 1992, c. 1, s. 144(F).
4. The provisions of this Part shall be known as the Canadian Bill of Rights.
5. (1) Nothing in Part I shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have existed in Canada at the commencement of this Act.
"Law of Canada" defined
(2) The expression "law of Canada" in Part I means an Act of the Parliament of Canada enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in Canada or in any part of Canada at the commencement of this Act that is subject to be repealed, abolished or altered by the Parliament of Canada.
Jurisdiction of Parliament
(3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the Parliament of Canada.
http://web2.gov.mb.ca/laws/statutes/ccsm/h
http://laws.justice.gc.ca/en/ShowFullDoc/c
Canadian Human Rights Act
Canadian Human Rights Act
H-6
An Act to extend the laws in Canada that proscribe discrimination
Short title
1. This Act may be cited as the Canadian Human Rights Act.
1976-77, c. 33, s. 1.
Purpose
2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted.
R.S., 1985, c. H-6, s. 2; 1996, c. 14, s. 1; 1998, c. 9, s. 9.
PART I
PROSCRIBED DISCRIMINATION
Prohibited grounds of discrimination
3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.
Idem
(2) Where the ground of discrimination is pregnancy or child-birth, the discrimination shall be deemed to be on the ground of sex.
R.S., 1985, c. H-6, s. 3; 1996, c. 14, s. 2.
Multiple grounds of discrimination
3.1 For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or on the effect of a combination of prohibited grounds.
1998, c. 9, s. 11.
Orders regarding discriminatory practices
4. A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided in sections 53 and 54.
R.S., 1985, c. H-6, s. 4; 1998, c. 9, s. 11.
Denial of good, service, facility or accommodation
5. It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public
(a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 5.
Denial of commercial premises or residential accommodation
6. It is a discriminatory practice in the provision of commercial premises or residential accommodation
(a) to deny occupancy of such premises or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 6.
7. It is a discriminatory practice, directly or indirectly,
(a) to refuse to employ or continue to employ any individual, or
(b) in the course of employment, to differentiate adversely in relation to an employee,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 7.
Employment applications, advertisements
8. It is a discriminatory practice
(a) to use or circulate any form of application for employment, or
(b) in connection with employment or prospective employment, to publish any advertisement or to make any written or oral inquiry
that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.
1976-77, c. 33, s. 8.
9. (1) It is a discriminatory practice for an employee organization on a prohibited ground of discrimination
(a) to exclude an individual from full membership in the organization;
(b) to expel or suspend a member of the organization; or
(c) to limit, segregate, classify or otherwise act in relation to an individual in a way that would deprive the individual of employment opportunities, or limit employment opportunities or otherwise adversely affect the status of the individual, where the individual is a member of the organization or where any of the obligations of the organization pursuant to a collective agreement relate to the individual.
(2) Notwithstanding subsection (1), it is not a discriminatory practice for an employee organization to exclude, expel or suspend an individual from membership in the organization because that individual has reached the normal age of retirement for individuals working in positions similar to the position of that individual.
(3) [Repealed, 1998, c. 9, s. 12]
R.S., 1985, c. H-6, s. 9; 1998, c. 9, s. 12.
Discriminatory policy or practice
10. It is a discriminatory practice for an employer, employee organization or employer organization
(a) to establish or pursue a policy or practice, or
(b) to enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment,
that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination.
R.S., 1985, c. H-6, s. 10; 1998, c. 9, s. 13(E).
11. (1) It is a discriminatory practice for an employer to establish or maintain differences in wages between male and female employees employed in the same establishment who are performing work of equal value.
Assessment of value of work
(2) In assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed.
Separate establishments
(3) Separate establishments established or maintained by an employer solely or principally for the purpose of establishing or maintaining differences in wages between male and female employees shall be deemed for the purposes of this section to be the same establishment.
Different wages based on prescribed reasonable factors
(4) Notwithstanding subsection (1), it is not a discriminatory practice to pay to male and female employees different wages if the difference is based on a factor prescribed by guidelines, issued by the Canadian Human Rights Commission pursuant to subsection 27(2), to be a reasonable factor that justifies the difference.
Idem
(5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.
No reduction of wages
(6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section.
Definition of "wages"
(7) For the purposes of this section, "wages" means any form of remuneration payable for work performed by an individual and includes
(a) salaries, commissions, vacation pay, dismissal wages and bonuses;
(b) reasonable value for board, rent, housing and lodging;
(c) payments in kind;
(d) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and
(e) any other advantage received directly or indirectly from the individual’s employer.
1976-77, c. 33, s. 11.
Publication of discriminatory notices, etc.
12. It is a discriminatory practice to publish or display before the public or to cause to be published or displayed before the public any notice, sign, symbol, emblem or other representation that
(a) expresses or implies discrimination or an intention to discriminate, or
(b) incites or is calculated to incite others to discriminate
if the discrimination expressed or implied, intended to be expressed or implied or incited or calculated to be incited would otherwise, if engaged in, be a discriminatory practice described in any of sections 5 to 11 or in section 14.
1976-77, c. 33, s. 12; 1980-81-82-83, c. 143, s. 6.
13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Interpretation
(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
Interpretation
(3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of that matter.
R.S., 1985, c. H-6, s. 13; 2001, c. 41, s. 88.
14. (1) It is a discriminatory practice,
(a) in the provision of goods, services, facilities or accommodation customarily available to the general public,
(b) in the provision of commercial premises or residential accommodation, or
(c) in matters related to employment,
to harass an individual on a prohibited ground of discrimination.
(2) Without limiting the generality of subsection (1), sexual harassment shall, for the purposes of that subsection, be deemed to be harassment on a prohibited ground of discrimination.
1980-81-82-83, c. 143, s. 7.
14.1 It is a discriminatory practice for a person against whom a complaint has been filed under Part III, or any person acting on their behalf, to retaliate or threaten retaliation against the individual who filed the complaint or the alleged victim.
1998, c. 9, s. 14.
15. (1) It is not a discriminatory practice if
(a) any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to any employment is established by an employer to be based on a bona fide occupational requirement;
(b) employment of an individual is refused or terminated because that individual has not reached the minimum age, or has reached the maximum age, that applies to that employment by law or under regulations, which may be made by the Governor in Council for the purposes of this paragraph;
(c) an individual’s employment is terminated because that individual has reached the normal age of retirement for employees working in positions similar to the position of that individual;
(d) the terms and conditions of any pension fund or plan established by an employer, employee organization or employer organization provide for the compulsory vesting or locking-in of pension contributions at a fixed or determinable age in accordance with sections 17 and 18 of the Pension Benefits Standards Act, 1985;
(e) an individual is discriminated against on a prohibited ground of discrimination in a manner that is prescribed by guidelines, issued by the Canadian Human Rights Commission pursuant to subsection 27(2), to be reasonable;
(f) an employer, employee organization or employer organization grants a female employee special leave or benefits in connection with pregnancy or child-birth or grants employees special leave or benefits to assist them in the care of their children; or
(g) in the circumstances described in section 5 or 6, an individual is denied any goods, services, facilities or accommodation or access thereto or occupancy of any commercial premises or residential accommodation or is a victim of any adverse differentiation and there is bona fide justification for that denial or differentiation.
(2) For any practice mentioned in paragraph (1)(a) to be considered to be based on a bona fide occupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have a bona fide justification, it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost.
Regulations
(3) The Governor in Council may make regulations prescribing standards for assessing undue hardship.
Publication of proposed regulations
(4) Each regulation that the Governor in Council proposes to make under subsection (3) shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations in respect of it.
Consultations
(5) The Canadian Human Rights Commission shall conduct public consultations concerning any regulation proposed to be made by the Governor in Council under subsection (3) and shall file a report of the results of the consultations with the Minister within a reasonable time after the publication of the proposed regulation in the Canada Gazette.
Exception
(6) A proposed regulation need not be published more than once, whether or not it has been amended as a result of any representations.
Making of regulations
(7) The Governor in Council may proceed to make regulations under subsection (3) after six months have elapsed since the publication of the proposed regulations in the Canada Gazette, whether or not a report described in subsection (5) is filed.
Application
(8) This section applies in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination.
The “Community” in Community Policing
Sustaining Community Involvement in Crime Prevention Initiatives
Measuring and Improving Police Performance
Measuring Police Performance Within a Community Police Model
Assessing Police Officer Performance
Measuring Community Performance
Implementing Community Policing
The Effectiveness of Community Policing
The Impact of Community Policing
A Cautionary Note About the Effectiveness of Community Policing
Parting Thoughts on Community Policing
Chapter 7: Patrol and General Duty Policing
The Nature of Patrol
Areas of Patrol Work
Mobile Patrol
Strategies for Managing Calls for Service
Dispatchers and Communications Officers
The Gatekeepers
Call Priority Categories
The Computer-Aided Dispatch (CAD) System
Demands for Service
Differential Response Strategies
The Deployment of Patrol Units
Patrol Shifts
One and Two-Officer Patrol Units
Patrol Unit Utilization
Response Times
Patrol Officer Skill Sets
Street Work: Patrol Officer Discretion and Decision Making
Police Discretion
Controlling Police Discretion
Policing Domestic Violence: A Case Study in the Control of Police Discretion
Police Perceptions of Persons and Events
The Task (or Policing) Environment
The Police and Aboriginal Peoples
Policing Culturally Diverse Communities
Policing Social Disorder and Public Protests
The Encounter
The Officer
The Suspect
The Complainant/Victim
The Occurrence
Patrol Officer Use of Mediation and Conflict Resolution
Police Officers and the Victims of Crime
Police Encounters with the Mentally Ill
Chapter 8: Crime Prevention and Crime Response Strategies
Crime Prevention
Primary Crime Prevention Programs
Secondary Crime Prevention Programs
Tertiary Prevention Programs
Crime Prevention in Aboriginal Communities
The Effectiveness of Crime Prevention Programs
Police Legitimacy and Crime Prevention
The Limits of Police Intervention
Crime Response
Problem-Solving Policing
Confronting Crime and Disorder in the Big Apple: The Broken Windows Approach
Zero Tolerance Policing and Quality-of-Life Policing
Crime Attack Strategies
Foot and Bicycle Patrols
Restorative Justice Approaches
The Effectiveness of Crime Response Strategies
Final Thoughts on Effective Police Work
Chapter 9: Case Investigations
Specialty Units
Integrated Specialty Units
Fundamentals of Case Investigation
Patrol Officers: The First Responders
The Detectives
The Identification Officers
Establishing, Holding, and Searching a Crime Scene
The Crime Scene Search
Police Note Taking
Types of Evidence
Police Interviews with Victims and Witnesses
Linkage in Criminal Investigations
Analytical Tools
Criminal Personality Profiling
MOs, Signatures, and Stagings
Violent Crime Linkage Analysis System (ViCLAS)
Geographic Profiling
Statement Analysis
DNA: The Genetic Fingerprint
The National DNA Data Bank
Cold Case Squads
The Forensic Lab
The Analysis of Specific Types of Evidence
Other Forensic Specialties
The Polygraph
Interrogation of Crime Suspects
Interrogation and False Confessions
The Admissibility of Evidence in Court
Obstacles to Effective Case Investigations
Criminal Law:
Criminal Law in Canada: Verdun-Jones
Pocket Criminal Code 2009- Carswell
The Pocket Criminal Code 2009 contains the full text of the Criminal Code and thirteen other related statutes: |
|
|
New to the 2009 edition:
The Pocket Criminal Code also includes a comprehensive Index, a Table of Contents, a Concordance for each statute, and the Forms of Charges from The Police Officer’s Manual for the main Criminal Code offences and for offences under the Controlled Drugs and Substances Act, the Firearms Act and the Youth Criminal Justice Act. |
Criminal Law in Canada
Cases, Questions and the Code , 4th Edition
Simon Verdun-Jones - Simon Fraser University
Table of Contents
Chapter 1: Introduction to Canadian Criminal Law
Chapter 2: The Actus Reus Elements of a Criminal Offence
Chapter 3: Causation in the Criminal Law
Chapter 4: The Mental Element in the Criminal Law: Subjective Liability
Chapter 5: The Mental Element in the Criminal Law: Objective Liability
Chapter 6: The Special Case of Regulatory Offences: Strict and Absolute Liability in Canada
Chapter 7: Modes of Participation in Crime and Inchoate Offences
Chapter 8: Mental Impairment and Criminal Responsibility: The Defences of "Not Criminally Responsible on Account of Mental Disorder"
(NCRMD) and Automatism
Chapter 9: Mistake of Fact, Consent, and Mistake of Law as Defences to a Criminal Charge
Chapter 10: Provocation and Intoxication: Partial Defences to a Criminal Charge
Chapter 11: Necessity and Duress: Two Excuses Recognized by the Courts as Defences to a Criminal
Charge
Chapter 12: Self-Defence and Defence of Property
Appendix I: A Brief Note on the Canadian Criminal Court System
Appendix II: A Brief Guide to Law Reports
Appendix III: Using the Internet to Expand Your Knowledge of the Criminal Law and to Conduct Basic Legal
Research
Glossary
Index of Cases
Index
The “Community” in Community Policing
Sustaining Community Involvement in Crime Prevention Initiatives
Measuring and Improving Police Performance
Measuring Police Performance Within a Community Police Model
Assessing Police Officer Performance
Measuring Community Performance
Implementing Community Policing
The Effectiveness of Community Policing
The Impact of Community Policing
A Cautionary Note About the Effectiveness of Community Policing
Parting Thoughts on Community Policing
Chapter 7: Patrol and General Duty Policing
The Nature of Patrol
Areas of Patrol Work
Mobile Patrol
Strategies for Managing Calls for Service
Dispatchers and Communications Officers
The Gatekeepers
Call Priority Categories
The Computer-Aided Dispatch (CAD) System
Demands for Service
Differential Response Strategies
The Deployment of Patrol Units
Patrol Shifts
One and Two-Officer Patrol Units
Patrol Unit Utilization
Response Times
Patrol Officer Skill Sets
Street Work: Patrol Officer Discretion and Decision Making
Police Discretion
Controlling Police Discretion
Policing Domestic Violence: A Case Study in the Control of Police Discretion
Police Perceptions of Persons and Events
The Task (or Policing) Environment
The Police and Aboriginal Peoples
Policing Culturally Diverse Communities
Policing Social Disorder and Public Protests
The Encounter
The Officer
The Suspect
The Complainant/Victim
The Occurrence
Patrol Officer Use of Mediation and Conflict Resolution
Police Officers and the Victims of Crime
Police Encounters with the Mentally Ill
Chapter 8: Crime Prevention and Crime Response Strategies
Crime Prevention
Primary Crime Prevention Programs
Secondary Crime Prevention Programs
Tertiary Prevention Programs
Crime Prevention in Aboriginal Communities
The Effectiveness of Crime Prevention Programs
Police Legitimacy and Crime Prevention
The Limits of Police Intervention
Crime Response
Problem-Solving Policing
Confronting Crime and Disorder in the Big Apple: The Broken Windows Approach
Zero Tolerance Policing and Quality-of-Life Policing
Crime Attack Strategies
Foot and Bicycle Patrols
Restorative Justice Approaches
The Effectiveness of Crime Response Strategies
Final Thoughts on Effective Police Work
Chapter 9: Case Investigations
Specialty Units
Integrated Specialty Units
Fundamentals of Case Investigation
Patrol Officers: The First Responders
The Detectives
The Identification Officers
Establishing, Holding, and Searching a Crime Scene
The Crime Scene Search
Police Note Taking
Types of Evidence
Police Interviews with Victims and Witnesses
Linkage in Criminal Investigations
Analytical Tools
Criminal Personality Profiling
MOs, Signatures, and Stagings
Violent Crime Linkage Analysis System (ViCLAS)
Geographic Profiling
Statement Analysis
DNA: The Genetic Fingerprint
The National DNA Data Bank
Cold Case Squads
The Forensic Lab
The Analysis of Specific Types of Evidence
Other Forensic Specialties
The Polygraph
Interrogation of Crime Suspects
Interrogation and False Confessions
The Admissibility of Evidence in Court
Obstacles to Effective Case Investigations
Criminal Law:
Criminal Law in Canada: Verdun-Jones
Pocket Criminal Code 2009- Carswell
The Pocket Criminal Code 2009 contains the full text of the Criminal Code and thirteen other related statutes: |
|
|
New to the 2009 edition:
The Pocket Criminal Code also includes a comprehensive Index, a Table of Contents, a Concordance for each statute, and the Forms of Charges from The Police Officer’s Manual for the main Criminal Code offences and for offences under the Controlled Drugs and Substances Act, the Firearms Act and the Youth Criminal Justice Act. |
Criminal Law in Canada
Cases, Questions and the Code , 4th Edition
Simon Verdun-Jones - Simon Fraser University
Table of Contents
Chapter 1: Introduction to Canadian Criminal Law
Chapter 2: The Actus Reus Elements of a Criminal Offence
Chapter 3: Causation in the Criminal Law
Chapter 4: The Mental Element in the Criminal Law: Subjective Liability
Chapter 5: The Mental Element in the Criminal Law: Objective Liability
Chapter 6: The Special Case of Regulatory Offences: Strict and Absolute Liability in Canada
Chapter 7: Modes of Participation in Crime and Inchoate Offences
Chapter 8: Mental Impairment and Criminal Responsibility: The Defences of "Not Criminally Responsible on Account of Mental Disorder"
(NCRMD) and Automatism
Chapter 9: Mistake of Fact, Consent, and Mistake of Law as Defences to a Criminal Charge
Chapter 10: Provocation and Intoxication: Partial Defences to a Criminal Charge
Chapter 11: Necessity and Duress: Two Excuses Recognized by the Courts as Defences to a Criminal
Charge
Chapter 12: Self-Defence and Defence of Property
Appendix I: A Brief Note on the Canadian Criminal Court System
Appendix II: A Brief Guide to Law Reports
Appendix III: Using the Internet to Expand Your Knowledge of the Criminal Law and to Conduct Basic Legal
Research
Glossary
Index of Cases
Index
social relations.
This chapter:
+ outlines the main contours of these radical theories;
+ explores their similarities and differences;
+ highlights the ways in which they continue to influence contemporary criminology;
+ examines the main lines of criticism aimed at such work.
Chapter 13 – Realist criminology
Realist criminology takes a number of forms. In America in the 1970s a right-wing critique of the ‘great
society’ programmes emerged which advocated greater emphasis on personal responsibility and identified
the breakdown of marriage and the growth of single-parenthood as sources of a number of contemporary
social ills including crime. By contrast, primarily a British development, left realist criminology grew out of a
critique of elements of radical and Marxist approaches.
At a time in which right-wing governments were increasingly dominant on both sides of the Atlantic, and neoliberal
economic policies were becoming fashionable, a number of scholars argued that critical criminology
had little to say of any practical value and, worse still, had ignored the very real impact of crime on the most
vulnerable members of society.
Chapter 14 – Contemporary classicism
The theoretical approaches covered under the heading of contemporary classicism are included because, to
some degree, they share ‘classical’ criminology’s assumption that offenders are essentially rationally
calculating actors. From the late 1960s, and especially during the following decades, a number of
criminological theories emerged that placed great emphasis on the importance of understanding the choices
made by offenders in different circumstances or locations and, consequently, how offenders’ decision
making, and how particular locations or opportunities, might be manipulated as a means of reducing crime.
Chapter 15 – Feminist criminology
Criminology, historically, has been dominated by men. For much of the twentieth century the majority of
practising criminologists – in universities and elsewhere – were men. Moreover, the bulk of criminological
scholarship, both theory and research, focused on male offenders. Women, undeniably, have been all but
invisible for much of criminology’s history. This is less true today though, arguably, criminology remains
male-oriented. The growing visibility of women – as professional criminologists and as the object of
criminological study – is largely the result of the feminist movement that emerged in the second half of
the twentieth century. The changes this has brought are the subject of this chapter (and of Chapter 32).
This chapter considers:
+ the way in which female offenders were presented and understood in early criminological theory and
research;
+ the rise of feminist criminology;
+ some of the variety of work undertaken within feminist criminology;
+ the impact that feminism has had on criminology more generally.
In addition to highlighting concerns around female offenders and women’s victimization, feminist
scholarship’s great project has been to attempt to put questions of gender firmly at the centre of criminology.
Chapter 16 – Late modernity, governmentality and risk
The world appears to be changing remarkably quickly. Terms such as postmodernity and globalisation (and
a host of others) have risen to prominence in the search for means of capturing these changes. Each
focuses on different aspects of the shift from one stage of history – modernity – to another. The sociologist
Zygmunt Bauman describes the nature of this change by suggesting that in comparison with the relatively
‘solid state’ of the modern era, we are now living in an age of liquid modernity.
In this chapter we explore:
+ some of the ways in which criminological theory has focused upon such shifts;
+ how the changing nature of criminal justice and penality is understood.
Chapter 17 – Victims, victimization and victimology
What does it mean to be a victim of crime? Criminologists have slowly come to pay increasing attention to
the issue of victimization – partly as an alternative means of measuring crime and partly in order to attempt
to understand the impact of crime. This has given rise to its own subsidiary area of study within criminology,
known as victimology. In this chapter we look at:
+ the rise of victimology;
+ the nature and impact of victimization, including the much discussed idea of ‘fear of crime’;
+ government policy in relation to victims of crime;
+ debates about victims’ ‘rights’;
+ the recently-expressed government ambition of ‘rebalancing’ the criminal justice system more in favour of
victims.
Chapter 18 – White-collar and corporate crime
Much of criminology is focused upon those activities that fill our criminal courts: burglary, vandalism, theft,
violence – often minor – as well as some more serious offences. It is comparatively rare, however, for
matters like embezzlement, fraud and other crimes by apparently respectable, professional people to end up
in court. Still less common are prosecutions brought against major corporations – or even smaller
companies – for criminal activities. Generally speaking this is not because such activities are rare, but
because they are policed in different ways and, arguably, subject to different standards. Criminologists,
albeit a minority of them, have long been interested in what is variously called ‘white-collar’ or ‘corporate’
crime.
In this chapter we explore:
+ what is meant by such terms;
+ what types of criminal activity it covers;
+ what impact it has;
+ how it is regulated or otherwise controlled.
Chapter 19 – Organised crime
In Chapter 18 we looked at criminal activities by and within corporations. Here we consider the related
subject of ‘organised crime’ – often viewed as the criminal activities of syndicates or even ‘families’.
We look at:
+ what is meant by organised crime;
+ the history of organised crime;
+ the types of organised crime currently to be found in our society and beyond. In our globalised world there
is increasing concern that organised crime is undertaken across national boundaries and that, consequently,
it is necessary to create cross-national means of responding to such crime. We conclude the chapter by
looking at the growth of transnational policing.
Chapter 20 – Violent and property crime
Earlier in the book (Chapter 4) when we discussed the role of the media as one of our major sources of
information about crime, we noted that one consistent misrepresentation is the exaggeration of the extent of
violent crime. Given the propensity of drama to rely upon violent crime – and often very serious violent crime
– as the basis for its representation of the world we live in, it is all the more important to think carefully about
its nature and extent. There are many questions we need to ask including what is meant by the term ‘violent
crime’, what is known about its extent and how this has changed over time.
In this chapter we consider:
+ the meaning of violent crime;
+ how much violent crime there appears to be;
+ whether violent crime is rising or falling (and how we know);
+ how the criminal justice system responds to violent crime;
+ various forms of ‘property crime’, notably burglary and car crime, the latter of which constitutes a large
proportion of overall crime, but is little studied by criminologists;
+ why property crime is little studied;
+ what is known about property offenders and about the impact of property related crime.
Chapter 21 – Drugs and alcohol
In this chapter we discuss a range of substances that are controlled under the Misuse of Drugs Act 1971,
together with another substance which may be legally purchased and where the only major restrictions
concern the age at which it may be consumed – alcohol.
In this chapter we explore:
+ the history of the criminalisation of drug use;
+ the legal position in relation to drugs and alcohol;
+ trends in the use of drugs and arguments relating to the idea of ‘normalisation’;
+ the nature and patterns of consumption of alcohol and their impact;
+ the relationship between drugs, alcohol and crime;
+ how the criminal justice system operates in relation to substance use, and drug and alcohol-related crime.
Chapter 22 – Penology and punishment
The eight chapters that follow this one all explore different aspects of the criminal justice process – the end
point of which involves the imposition of punishment. In this chapter we consider the idea of punishment –
what it involves and how it is to be understood. In the main, the chapter focuses on two sets of debates:
+ the first, a largely philosophical discussion, focuses upon the nature and rationale for punishment: is it
primarily imposed in order to prevent criminality in the future, or is it a penalty imposed for misconduct in the
past?
+ the second set of debates is primarily sociological and concerns how we are to conceive of the place of
punishment within society and to understand punishment as a set of social practices.
Chapter 23 – Understanding criminal justice
We refer regularly during the course of this book to the criminal justice system. But what is meant by this
term? What does it consist of and how does it work?
In this chapter we examine:
+ the major institutions in the criminal justice system, how they link together, and how they are governed;
+ some of the main ways in which the idea of criminal justice is understood. The justice system in Britain, for
example, is adversarial, as opposed to the inquisitorial system found in many continental European
countries;
+ how justice systems are to be evaluated. On what basis do we judge how well, or how appropriately, the
justice system is working?
Chapter 24 – Crime prevention and community safety
Recent decades have witnessed the progressive rise of crime prevention up the political and academic
agenda. Rising crime rates after the Second World War and disappointing research evidence on the impact
of criminal agencies in controlling crime led to increased emphasis on the responsibility both of non criminal
justice agencies and individual citizens in preventing crime. In parallel, the academic world saw the
emergence of a set of neo-classical approaches (see also Chapter 14) which emphasised rationality and
opportunity in understanding criminality.
In this chapter we look at:
+ the politics of crime prevention and how this has changed in emphasis and orientation;
+ examples of crime prevention activity in practice.
Chapter 25 – The police and policing
The police are one of the most visible and recognisable institutions in modern society. They are a staple in
television and cinema and most citizens will have had some contact with the police at some stage – if only to
ask directions. The police are also a source of debate and controversy. Most people will have a view about
what the police should and should not do. In the past 20 years or so, the study of the police and policing has
been arguably one of the biggest growth areas in British criminology and, perhaps, criminology in general. In
this chapter we consider:
+ the organisation of policing in Britain;
+ what it is that the police do;
+ the recent history of policing;
+ some of the key issues in the study of policing: corruption, police culture, governance and accountability;
+ the rise of ‘plural policing’.
Chapter 26 – Criminal courts and the court process
The criminal process generally begins when someone is arrested. Given that, as we have already seen in
previous chapters, only a proportion of such cases eventually end up in a criminal court, the first question is
whether charges will be brought against a suspect.
In this chapter we look at:
+ the procedures involved and the reasons why criminal charges may not be brought;
+ what happens to cases thereafter;
+ the prosecution process, beginning by looking at the two main parts of the court system in England and
Wales: magistrates’ courts and the Crown Court.
There are a number of important elements of criminal procedure that govern the way in which cases
proceed through the criminal justice system, and we look at;
+ how decisions are made about whether defendants will be bailed or will be remanded in custody;
+ the bargaining that occurs around both charges and pleas;
+ the nature of evidence;
+ mode of trial decisions;
+ the appeal system.
Chapter 27 – Sentencing and non-custodial penalties
In previous chapters we looked at the police and police powers, the prosecution and courts process. We
now turn our attention to sentencing and to non-custodial penalties.
This chapter considers:
+ the sentences that are available to the courts;
+ how sentencing policy has changed in recent years.
As we will see, there has been a series of shifts in which just deserts concerns briefly came to the fore, only
quickly to be diluted as populist punitive influences emerged in the mid-1990s. In parallel with trends in
imprisonment, it appears community penalties are being used with increasing frequency – where previously
fines and discharges might have sufficed.
We conclude this chapter by examining the history and development of what is arguably the best-known
element of community-based work with offenders: probation.
Chapter 28 – Prisons and imprisonment
In Britain, we now have record numbers in our jails, and the same is true in many other nations. There are
currently over nine million people in prison around the world. Of these, over two million are in prison in the
USA, one and a half million in China, and close on one million in the Russian Federation.
In this chapter we look at:
+ the emergence of the prison as a core part of the modern system of punishment;
+ how prison policy has changed in recent decades.
As the prison has developed as one of our key responses to crime, the death penalty has been diminishing
in use.
We consider:
+ the current use of capital punishment and consider the issue of abolition;
+ life ‘inside’;
+ who is incarcerated in our prison system;
+ what prisons are like for inmates and staff.
Chapter 29 – Youth crime and youth justice
Young people are a fairly consistent source of adult concern. In an important book called Hooligan, Geoffrey
Pearson examines what he refers to as ‘respectable fears’. In the book he illustrates how adult anxieties
about younger generations have been a more or less constant feature of British social life for at least two
centuries. Successive generations find something in ‘the young people of today’ that makes them feel that
somehow things are deteriorating: that adolescents are less well-behaved, responsible and respectful than
they were when they were young. Although concerns about youthful misbehaviour may have a long history,
we have only had a separate formal system for juvenile offenders for a century. In this chapter we look at:
+ the extent of young people’s involvement in crime and their experience of victimization;
+ the nature of young people’s drug use;
+ the history of responses to youth crime;
+ recent developments in youth justice and whether we are seeing the emergence of a ‘new youth justice’;
+ the issue of anti-social behaviour and official responses to it;
+ the growing importance of restorative justice initiatives within youth justice.
Chapter 30 – Restorative justice
In recent decades a number of challenges to mainstream systems of justice have emerged. Of these,
undoubtedly the most influential and increasingly widespread is restorative justice. Restorative justiceinfluenced
ideas and initiatives are now regularly offered as holding out the prospect of a more civilised
and/or a more efficient method of dealing with criminal conflicts. However, despite the spread of such ideas
there remains considerable confusion about what restorative justice actually is. In this chapter we explore:
+ the rise of restorative justice;
+ alternative definitions;
+ varying examples of restorative justice in practice;
+ some of the evidence as to its effectiveness
Chapter 31 – Race, crime and justice
Equal in the eyes of the law? To what extent can we say that our criminal justice system treats people fairly?
One of the consistently discussed problems of criminal justice in recent decades has been the particular
difficulties faced by minority ethnic communities. In particular it is argued that racist attitudes and behaviour
of professionals mean that minorities are poorly treated and end up over-represented in the criminal justice
system.
In this chapter we consider:
+ the experience of minority ethnic communities both in terms of offending and victimization;
+ the question of racism and the apparent over-representation of minorities at all stages of the criminal
justice process from arrest through to imprisonment;
+ a number of key contemporary issues, including hate crimes and community cohesion.
Chapter 32 – Gender, crime and justice
Earlier in the book we explored in some detail the question what is ‘crime’? One of the things that discussion
revealed was that crime is something which varies historically and culturally. Moreover, our understanding of
crime and our responses to it are highly ‘gendered’. That is to say, we appear to take somewhat different
approaches to male and female offending. Thus, for example, it has generally been male homosexuality
rather than lesbianism that has been subject to regulation through the criminal law. The laws surrounding
prostitution have been designed primarily with the regulation of women in mind. These and other differences
raise a number of questions and we will return to the differential application of the law throughout this
chapter.
This chapter is about:
+ sex and gender and crime;
+ innate characteristics of men and women (sex);
+ the socially constructed ways of being that we associate with men and women (gender) and how these
relate to what we know about crime.
Chapter 33 – Criminal and forensic psychology
Recent years have seen growing interest in, and the growing influence of, psychological approaches to
criminology. Earlier in the book (Chapter 7) we looked at a range of psychological theories and their
application to criminology. Here we turn our attention to more applied matters and look at what is often
referred to as criminal or forensic psychology.
In this chapter, we consider:
+ ‘developmental criminology’ and, in particular, the growing influence of the idea of ‘risk’ and ‘protective
factors’ in understanding offending;
+ the increasingly important issue of mentally disordered offending;
+ the contribution that psychology can make to the study of policing, to the courtroom and to the ‘treatment’
of offenders.
Chapter 34 – Globalisation, terrorism and human rights
‘Globalisation’ is a term that has now entered the everyday language. It is generally used as a short-hand
way of referring to a set of changes that give the feel of a shrinking world: much faster, internationalised
means of communication; much greater movement of goods and peoples; and a perceived reduction in the
importance of national boundaries in everything from trade to politics.
In this chapter we consider some of the most important ways in which globalisation affects crime and justice;
we explore:
+ the term itself, considering what it means and how it is applied;
+ issues of terrorism;
+ the growth of international terrorism;
+ some of the issues and threats posed by such activities.
Although we are used to thinking and talking about the state as a guarantor of security, as critical
criminologists in particular remind us, it is important not to lose sight of the fact that the state can also act in
illegal ways. We explore the idea of state crimes and then conclude the chapter by looking at what has
become the dominant way of talking about protections against contemporary abuses: human rights.
Chapter 35 – Understanding criminological research
As a student of criminology you have to read and analyse criminological research. You may well also need
to undertake a small-scale piece of research yourself – for a long essay or dissertation. Both of these tasks
require you to develop the ability to assess, in a critical manner, how research is undertaken and what it is
(and is not) able to tell us.
In this chapter we:
+ take a quick journey through research methods, exploring the differences between ‘quantitative’
(numerical) and ‘qualitative’ (non-numerical) methods;
+ look at each of the main research methods in turn, exploring the basic techniques and looking at the
strengths and limitations of each.
Most research involves some sort of ‘sampling’ – selecting respondents from a larger population – and we
explore the main methods of making such selections.
Although we won’t look at statistical techniques in any detail, it is, nevertheless, important to understand the
most frequently-used terms and we briefly consider some of the most common bits of statistical language –
the things you are most likely to come across when reading criminological books and articles.
Research methods can occasionally cause controversy and we finish by looking at one such: the debate
over evaluation in criminological research and, more particularly, the place of what are often referred to as
‘experimental methods’.
Chapter 36 – Doing criminological research
In the previous chapter we looked at some of the nuts and bolts of criminological research. We outlined the
bases of the main research methods, looked at sampling and some key statistical terms, and considered
some of the competing claims in respect of experimental and other approaches to evaluation research.
In this chapter we turn our attention to the practical matter of putting some of this into practice. As students
most of you will have to undertake a small research project, most likely for the first time. This can be a
daunting prospect. Although the circumstances you are working within mean that certain approaches to
research are ruled out – you are most unlikely to be undertaking a large-scale sample survey, for example –
many of the problems that face you are precisely the same as those that face us when doing large-scale
professional research. They concern such apparently basic things as how to relate theory and method, how
to undertake a literature review and, most basic of all, but arguably also most challenging, how to write. It is
these things we will discuss in the coming pages, looking at techniques that will, I hope, help you to cut
through some of the difficulties.
Research Methods in Criminal Justice
--Policing in Canada:
Canadian Police Work: Griffiths
The first text to effectively bridge both the theoretical and the practical aspects of police work, Canadian Police Work, Second Edition, covers the history of policing in Canada, the current structure and operation of policing, the legal context and the power that police officers exert, and contemporary issues facing policing today. The text includes updated real-life examples of police officers doing their jobs, while also supporting this description with findings from research studies.
The book includes chapters on The History of Police Work and Legal Powers of the Police. It also has a number of new tools to help stuents test their knowledge of key concepts and better understand the critical issues in policing.
Chapter 1: An Overview
Defining Police Works
Police Work in a Democratic Society
What Do Police Do?
The Legislative Framework of Police Work
Police Services in Ontario
Police Standards
The Authority of Police Officers
The Exercise of Discretion
The Authority to Use Force
The Political Role of the Police
Police Work: Common Misconceptions
The Costs of Policing
The Structure of Contemporary Canadian Policing
The Arrangements for Policing
Federal Police: The Royal Canadian Mounted Police
Policing Provinces and Municipalities Under Contract
Peacekeeping
Organizational Features of the RCMP
Provincial Police
Regional Police Services
Municipal Police
First Nations Police
The Challenges of First Nations Policing
Special Constables
University and Campus Police Services
Private Security Services
Public and Private Police Officers
Structures of Police Governance
Ensuring Police Accountability
Police Commissions and Police Boards
Police Conduct Review Agencies and Adjudicative Bodies
The Adequacy of Police Complaint Processes
Chapter 2: The History of Police Work
The Origins of Policing
The Development of Policing in England
The Emergence of Modern Policing
Early Private Police
The Evolution of Police Work in Canada
Early Municipal Police
The Functions and Effectiveness of Early Municipal Police
Policing in the West
Early Provincial Police
Early Federal Policing: The Origins and Expansion of the RCMP
The RCMP: Image and Reality
The RCMP in the Remote North
Police Work in the Twentieth Century
New Technology
The Re-emergence of Community Policing
Chapter 3: Contexts and Trends in Police Work
The Contexts of Police Work
The Criminal Justice System
The Social and Demographic Context
The Crime Context
The Police Organization
The Community Context
Public Images of the Police
Trends in Canadian Police Work
Trend # 1 – Rising Costs of Policing
Trend # 2 – Increasing Workloads
Trend # 3 – The Changing, Challenging Nature of Crime
Trend # 4 – Retirements and the Competition for Qualified Recruit Candidates
Trend # 5 – The Continuing Evolution of Community Policing
Trend # 6 – Increasing Accountability of Police Services
Trend # 7 – The Rise of Specialized Police Units
Trend # 8 – The Globalization of Police Work
Trend # 9 – Adoption of Corporate Practices by Police Services
Trend # 10 – The Expansion of Private Security Services
Chapter 4: The Police Occupation
Becoming a Police Officer
Pursuing a Career in Policing
Basic Qualifications
Preferred Qualifications
The Changing Practice of Recruiting: Promoting Diversity
Recruiting Programs for Visible Minorities and Aboriginal People
The Selection Process
Competition for Previously Experienced Officers (PEOs)
Recruit Training
Police Training Facilities and Programs
Pre-Employment Education Programs
The RCMP Pre-employment Training Model
Cross-Cultural Training
Training for PEOs
In-Service Training
The Canadian Police College
From the Academy to the Street: Socialization into the Role of Police Officer
Retaining Police Officers
Being a Police Officer
The Working Personality of Police Officers
Reconsidering the Working Personality of Police Officers
Positive and Negative Features of the Police Culture
The Occupational Outlook and Career Aspirations of Police Officers
The Challenges of Police Work
The Police Role and Mandate
The Criminal Justice System
The Demands of Police Work
The Community
The Police Service
Shift Work
Police Work and the Police Family
Coping with Stress in the Workplace
When Cops Go Bad: Wrongdoing in Police Work
Violations of Departmental Regulations and Standards of Professional Conduct
Abuse of Discretionary Power and Authority
Actions, Often Criminal, That Undermine the Administration of Justice
Commission of Criminal Offence
Activities in the Grey Area of Police Work
Off-Duty Activities
Police Ethics
The Complaint Process
Informal Resolution of Complaints
Formal Complaints
Chapter 5: Legal Powers of the Police
The Charter and Police Powers
The Power to Detain and Arrest
Arrest versus Detention
Search and Seizure
Entrapment
The Use of Force
The Legal Provisions for Use of Force
Additional Criminal Code Provisions Relating to Use of Force
Police Acts and Standards
A Conceptual Force Options Framework
Demonstrated Threat
Levels of Force Intervention
Less Lethal Force Options
Decision Making and Force Options
Correlates of Police User of Force
Deadly Encounters: The Police Use of Lethal Force
The Lethal Force Incident
Critical Incident Stress and the Police Shooting
Use of Force and Visible/Cultural Minorities
Police Use of Force during Riots and Public Disturbances
The Legal Powers of Private Security Officers
Liability and Police Use of Force
The Professional Model of Police Work
The Effectiveness of the Professional Model of Police Work
Assessing Police Effectiveness in the Professional Police Model
Community Policing in the Twenty-First Century
Defining Community Policing
The Principles of Community Policing
The Core Elements of Community Policing
Organizational Elements of Community Policing
Mission Statements, Vision Statements, and Core Values
Redesigning the Organizational Structure
Strategic Planning, Environmental Scans, and Best Practices
Intelligence-Led Policing
COMPSTAT
Team Policing
External Elements
Increasing Police Legitimacy
Police-Community Partnerships
Community Police Centres and Police Stations
Police-Community Committees
Citizen’s Police Academies
The Community and Community Policing
The Potential for Community Involvement
The Role of Volunteers
Challenges in Involving the Community
Identifying Community Priorities
Canadian Criminal Justice: A Primer. Griffiths.
This book provides a thorough yet concise examination of the Canadian criminal justice system and the five main components of that system: law enforcement, prosecution, the judiciary, corrections, and parole.
A new two-colour design makes this text more appealing and user-friendly. Updated Supreme Court decisions and information on famous Canadian cases, such as Karla Homolka and Air India, make Canadian Justice: A Primer the best criminal justice book on the market.
Chapter 1: The Criminal Justice System: An Overview
The Role and Responsibilities of Governments in Criminal Justice
Federal Government
Provincial and Territorial Governments
Municipal Governments
The Costs of Crime and Criminal Justice
The Costs of Crime
The Costs of Criminal Justice
The Flow of Cases through the Justice System
Case Attrition in the Justice System
Is the Criminal Justice System a “System”?
Crimes and the Criminal Law
Criminal Law
What is a Crime?
Criminal Law versus Civil Law
Where Do Criminal Laws Come From?
The Origins and Applications of Criminal Law
The Role of Interest Groups in Law Reform
Themes in Criminal Justice
Individual Rights and Public Protection: A Delicate Balance
Due Process versus Crime Control
The Criminal Justice System as a Human Enterprise
The Task Environments of Criminal Justice
Challenges in Criminal Justice
Gender Issues
Criminal Justice in a Multicultural Society
Special Groups of Offenders and the Justice System
Aboriginal People and Criminal Justice
The High Rates of Crime and Violence in Remote and Northern Communities
Responding to Organized Crime in the Global Community
Trends in Criminal Justice
Increasing Workloads
Community Involvement in Crime Prevention and Responses to Crime
The Emergence of Restorative Justice
Accountability of Criminal Justice Personnel and Agencies
Increasing Tension Between the Provincial and Federal Governments on Crime and Justice Issues
Chapter 2: Crime, Victimization, and the Canadian Public
Crime Rates and Patterns
Counting Crime
Calculating the Crime Rate
Crime Trends
Crime in First Nations and Inuit Communities
Public Perceptions of Crime and the Criminal Justice System
Public Confidence in the Criminal Justice System
Factors Affecting Public Attitudes toward, and Trust in, the Criminal Justice System
The Media, Crime, and Criminal Justice
The Fear of Crime and the Risks of Victimization
Precautionary Measures
Risk Factors
Victims of Crime
Victim Complaints about the Justice System
Programs and Services for Crime Victims
Information Services
Financial Compensation for Crime Victims
Chapter 3: The Police
A Brief History of Policing
The Structure of Policing
Federal Police: The Royal Canadian Mounted Police
Provincial Police
Regional Police Services
Municipal Police
First Nations Police
Private Security Services
Police Boards and Commissions
Police Recruitment
Recruiting Visible Minorities and Aboriginal People
Competition for Previously Experienced Officers (PEOs)
Police Training
The Roles of the Police
Police Duties and Activities
Factors Influencing the Role and Activities of the Police
The Police Occupation
The “Working Personality” of Police Officers
Police Powers
Charter Rights and Police Powers
The Power to Detain and Arrest
Search and Seizure
Entrapment
The Use of Force
Interrogation of Crime Suspects
Final Thoughts on the Charter and Police Powers
Police Accountability
Chapter 4: Policing the Community
The Evolution of Police Practice
Community Policing
Defining Community Policing
The Principles of Community Policing
The Core Elements of Community Policing
Organizational Elements
Tactical Elements
External Elements
The Framework for Community Policing in Ontario
The Effectiveness of Police Strategies
Does Community Policing Work?
Do Police Interventions Prevent Crime?
Police Discretion and Decision Making
The Exercise of Discretion
Factors Influencing Patrol Officers’ Decision Making
High-Risk Decisions in the Community: Hazardous Pursuits
The Police and Visible/Cultural Minorities
The Police and Aboriginal Peoples
Case Investigation
Chapter 5: Criminal Prosecutions and the Courts
The Provincial Court System
Provincial Courts
Specialized Provincial Courts
Provincial/Territorial Circuit Courts
Superior Courts
Federal Courts
Recent Supreme Court Decisions
The System of Criminal Law
The Classification of Offences
The Prosecution Process
Participants in the Process
Laying an Information and Laying a Charge
Compelling the Appearance of the Accused in Court
Access to Legal Representation
Fitness to Stand Trial
Arraignment and Plea
Disclosure of Evidence
Mode of Trial
The Trial
Appeal
Crime Victims and the Court Process
Ensuring the Safety of Victims
Victims as Witnesses
Current Challenges for the Courts
Delay and Backlog in the Criminal Court Process
The Emergence of Megatrials
Wrongful Convictions
Accountability and Review of Judicial Conduct
Chapter 6: Sentencing
The Purpose and Principles of Sentencing
The Goals of Sentencing: The Cases of Mr. Smith and Mr. Jones
Utilitarian Goals
Retributive Goals
Restorative Goals
What Sentences Did Mr. Smith and Mr. Jones Receive?
Sentencing Options
Absolute Discharge
Conditional Discharge
The Fine
Suspended Sentence
Probation
Electronic Monitoring
Restitution
Community Service Order
Imprisonment
Intermittent Sentence
Conditional Sentence of Imprisonment
Selected Sentencing Trends
Concurrent and Consecutive Sentences
Judicial Determination
Judicial Restraint Order
How Do Judges Decide?
You Be the Judge
Statutory Guidance
Appellate Decisions and Legal Precedents
Pre-Sentence Reports
Plea Bargains
Sentencing in Youth Court
Additional Sentencing Options
Prohibitions
Forfeitures
Proceeds of Crime
Extraordinary Measures
Dangerous Offender (DO) Designation
Long-Term Offender (LTO) Designation
Sentencing and Crime Victims
Victim Impact Statements
Victim Fine Surcharge
Victim-Offender Mediation
Sentencing and Restorative Justice
Circle Sentencing
Collaborative Justice
Measuring the Effectiveness of Sentencing Options
The Effectiveness of Alternatives to Imprisonment
The Effectiveness of Incarceration
Chapter 7: Correctional Institutions
Institutional Corrections
Historical Foundations
Structure of Institutional Corrections
A General Profile of Custodial Populations
Provincial/Territorial Corrections
Federal Corrections
Life Inside Prison
Managing Correctional Institutions: A Challenging Job
On the Line: Correctional Officers at Work
Doing Time: The World of the Inmate
Assessing Inmate Risks and Needs
Classification
The Risk/Needs Profile
Case Management
Institutional Treatment Programs
Treating Special Offender Groups
The Effectiveness of Institutional Treatment Programs
Doing Treatment in Correctional Institutions
Accountability in Corrections
Crime Victims and Institutional Corrections
Trends in Institutional Corrections
The Escalating Costs of Institutional Corrections
Public Pressure and the “Get Tough” Approach
Overcrowding
Privatization
Creating Correctional Communities
Competing Federal and Provincial Models of Correctional Practice
Chapter 8: Release and Re-entry
The Parole Process
Conditional Release
Purpose and Principles of Conditional Release
Types of Conditional Release
Probation versus Parole: What Is the Difference?
Parole Boards
Release Options for Provincial/Territorial Inmates
Temporary Absences
Provincial Parole
Discharge
Release Options for Federal Inmates
Temporary Absences
Day Parole
Full Parole
Accelerated Parole Review
Judicial Review
Statutory Release
Special Categories of Offenders
“Lifers” and Parole
Long-Term Offenders
Dangerous Offenders
Victims and Conditional Release
Parole Board Decision Making
The Parole Hearing
Criticisms of Parole Board Decision Making
The Reintegration Process
The Pains of Re-entry
Reintegration of Special Offender Populations
Parole Supervision
The Dual Role of Parole Officers
Innovations in Parole Supervision
Community Notification
Additional Provisions for Supervision
Recidivism among Parolees
Factors Associated with Recidivism on Parole
Suspensions of Parole
Revocation and Termination of Parole
Does Parole Work?
Parole Outcomes and Consequences
Revisiting Accountability
Criminal Justice in Canada: A Reader, Roberts
Table of Contents
Part One: Introductory Readings
Chapter 1: Criminal Justice in Canada: An Introduction
Julian V. Roberts 2
Chapter 2: Criminal Justice Trends in Canada
Karen Mihorean and Rebecca Kong
Part Two: Voices of Actors in the Criminal Justice Process
Chapter 3: The Role of the Prosecutor
Brian Manarin
Chapter 4: The Role of a Defence Counsel
Paul Burstein
Chapter 5: A Day in the Life of a Judge
Judge David P. Cole
Chapter 6: The Probation Officer''s Report
Karen Middlecoat
Chapter 7: The Professional Life of a Federal Parole Officer
Sheldon Schwartz
Chapter 8: A Life Prisoner''s Story
Gayle
Part Three: Current Issues in Criminal Justice
Chapter 9: Community Policing in Canada: The Broad Blue Line
Barry N. Leighton
Chapter 10: Plea Bargaining
Simon Verdun-Jones
Chapter 11: Preventing Gun Crime
Thomas Gabor
Chapter 12: Serving Time at Home
Julian V. Roberts
Chapter 13: How should we treat prisoners?
Shereen Benzvy-Miller
Chapter 14: Inhuman Rights
Julius Melnitzer
Chapter 15: Racial Discrimination in the Ontario Criminal Justice System
Scott Wortley and Andrea McCalla
Chapter 16: Aboriginal Overrepresentation: No Single Problem, No Simple Solution
Carol LaPrairie
Chapter 17: When Justice Fails: Understanding Miscarriages of Justice
Myriam Denov and Kathryn Campbell
Chapter 18: ''Why say sorry when I didn''t do it?'': The Dilemma of the wrongfully convicted
Richard Weisman
Chapter 19: The Use of Court and Custody under the Youth Criminal Justice Act
Jane Sprott and Anthony Doob
Chapter 20: The Consequences of Incarceration for Young Offenders
Carla Cesaroni
Chapter 21: Responding to Intimate Partner Violence
Gillian Blackell and Holly Johnson
Chapter 22: Victims of Crime and the Justice System
Michelle Grossman and Catherine Kane
Chapter 23: Sex Offender Registries: Sign Here Please, and Don''t Forget to Stay in Touch
Mary E. Campbell
Chapter 24: Restorative Justice in Canada
Liz Elliott
Nowhere to Run: The Killing of Constable Dennis Strongquill. McIntyre
Beginnings in Law and Criminology:
Criminology, Tim Newburn.
Chapter Summaries
Chapter 1 – Understanding crime and criminology
In this chapter we begin the study of criminology. What is this subject, what are its origins and what is its
focus? Having considered these questions we move on to look at what is meant by the term ‘crime’. As we
will see there is a range of ways in which crime can be understood. It is, for example, both a legal concept
and a socially-constructed one and we will examine these and other ideas. Crime is also something that has
become highly politicised in relatively recent times, and we explore elements of the contemporary politics of
law and order. The chapter concludes by looking briefly at the history of criminology in Britain, its institutional
origins and its recent expansion.
Chapter 2 – Crime and punishment in history
In this chapter we take a longer historical look at crime and punishment. The aim of the chapter is to provide
an historical overview of the origins and development of many of the subjects dealt with in the rest of the
book.
It covers:
+ the origins of the modern criminal justice system and changes in our understanding of crime from premodern
to modern times;
+ the emergence of modern, formal police forces;
+ the growing role of imprisonment as a key response to crime as the use of both capital punishment and
transportation declined;
+ the changing role of the victim, in particular in relation to the prosecution process;
+ what is known about levels of crime in British society prior to the introduction of criminal statistics;
+ how attitudes towards, and perceptions of, crime have changed in recent centuries;
+ to what extent it is possible to estimate levels and trends in crime in previous eras;
+ whether we appear to be becoming a more- or less-crime-ridden society.
Chapter 3 – Crime data and crime trends
In this chapter we focus upon the means by which we measure levels and trends in crime. We look at:
+ the main techniques used and their strengths and weaknesses;
+ official statistics and victimization surveys – our two main means of assessing crime levels – and compare
their merits;
+ the extent to which we can rely upon what we are told about crime, and how we should judge it;
+ the major sources of data about crime, and assess their pros and cons;
+ recent trends in crime;
+ different data sources and what they tell us;
+ why this is an area which continues to cause controversy;
+ how the criminologist deals with the problem of different data sources appearing to indicate different
trends;
+ the techniques that can be used for assessing the competing claims of different approaches to measuring
crime.
Chapter 4 – Crime and the media
Television, radio, newspapers, the internet – these play a significant role in many of our lives. They carry
stories about crime, provide us with information about crime, and are a potentially important influence upon
the way in which we see the world. In this chapter we explore some of the myriad relationships between
crime and the media. In this chapter we look at:
+ ‘representations’ – how crime and criminals are portrayed on television, in the press and elsewhere;
+ how, if at all, these ‘representations’ depart from reality;
+ whether the images portrayed by the media have a negative impact;
+ the evidence about ‘media effects’;
+ the limitations of research in this area;
+ whether media coverage distorts and exaggerates the threat posed by certain phenomena;
+ the notion of ‘moral panics’;
+ how the media are used, and what some of the limitations might be.
We conclude by exploring a number of key contemporary issues relating to crime and the media:
+ their relationship with the police;
+ the growing importance of the internet;
+ the portrayal of terrorism.
Chapter 5 – Classicism and positivism
In this chapter we look at the origins of contemporary criminology. Two contrasting philosophical approaches
are identified and compared:
+ the first, classicism, rests on the assumption of free will and rational choice and reflecting this, and also
reacting against the unpredictability of punishment in the sixteenth and seventeenth centuries, proposed
greater certainty and the proportionate infliction of pain on the offender;
+ the second, positivism, was founded on the belief that there were other factors – either intrinsic to the
individual or to be found in the immediate environment – which could be identified and which would help
distinguish the criminal from the non-criminal. In outlining these two contrasting approaches we consider the
works of the main thinkers associated with each, in particular:
+ Beccaria;
+ Bentham;
+ Lombroso;
+ Ferri.
Chapter 6 – Biological positivism
As we saw in the previous chapter the early positivist criminology, associated with the likes of Lombroso and
Ferri, looked at a variety of physical characteristics and sought to link them with criminal propensities.
Although such work was heavily criticised and fell out of favour fairly swiftly, being largely displaced by a
much more sociologically-oriented approach to crime and its causation, a body of work exploring aspects of
biology, and more particularly the interaction between biological and social factors, continues to this day.
Indeed, arguably a new biologically-oriented and influenced criminology is now beginning to emerge (Rose,
2000).
In this chapter we:
+ explore some of that work;
+ examine its main findings;
+ consider future possibilities in this field;
+ ask why many such ideas continue to attract such criticism and controversy.
Chapter 7 – Psychological positivism
In previous chapters we have considered some of the positivist origins of criminology, in particular
examining attempts to locate particular causes of criminal conduct in the nature and functioning of the body.
In this chapter we consider:
+ various forms of psychological positivism: theories that focus on the personality and psychological make-up
and learning processes of individuals, and how these have been thought to relate to crime and anti-social
behaviour;
+ what these theories share with many of those outlined in the previous two chapters;
+ the assumption that it is possible to identify causes of crime beyond the control of the individual – factors
that constrain and mould individual behaviour.
Chapter 8 – Durkheim, anomie and strain
In previous chapters we have explored some ways in which positivism has shaped and influenced
criminology. In particular, the last two chapters were concerned with approaches that were predominantly
individualistic in focus – biological and psychological positivism. Here we shift focus to look at the
emergence of sociological criminology. Of the three main ‘founding fathers’ of sociology it was only Emile
Durkheim who discussed the subject of crime at any length. In this chapter we explore:
+ elements of Durkheim’s thought and the influence this has had on later criminological writing;
+ the linked concepts of anomie and strain;
+ how these concepts have been utilised by various writers to help us organise our thinking about the nature
of crime in modern society.
Chapter 9 – The Chicago School, culture and subcultures
For half a century, from the First World War onwards, criminology was increasingly dominated by
sociologists and sociological thought. Initially, via a group of scholars working in, or trained at, the
Department of Sociology in the University of Chicago the focus of much criminology was upon the nature of
the city, its structures and processes, and how these related to patterns of crime and delinquency.
This chapter looks at how:
+ such sociology was based on rich ethnographic studies of the everyday lives of Chicagoans;
+ this tradition bred a further set of detailed empirical studies focusing on the cultural context and socially
meaning of deviant activity;
+ initially in the US, and subsequently in Britain, attention turned to the notion of subcultures.
Chapter 10 – Interactionism and labelling theory
In the 1960s, the view that the response to crime might itself be criminogenic took hold. From this viewpoint
the reaction to deviant conduct becomes a crucial factor in understanding the behaviour itself. Indeed, in
some of the more extreme versions of labelling theory there is little to distinguish deviant behaviour from the
social reaction. Such work has, as we will see, a number of key characteristics:
+ it is concerned with what happens after an act is committed, not what happens before;
+ it argues that deviance doesn’t reside in the act, but in the reaction to it;
+ it pays great attention both to how this reaction may consist of the application of labels, and the impact that
such labels may have on the person concerned.
Although the bulk of work in this tradition focuses on the negative impact of labelling, some more recent
criminological work has considered the positive potential of ‘shaming’.
Chapter 11 – Control theories
Control theory permeates criminological thinking. Ideas associated with control theory can be found in the
majority of approaches to the understanding of crime and deviance. What distinguishes the theories
discussed in this chapter from many of those in preceding and succeeding ones is the emphasis placed
upon the importance of controls or, conversely, the implied lack of attention paid to the causes of crime. Put
at its simplest, in this perspective crime is something we would all engage in were it not for internal or
external controls preventing us from doing so. Control theories come in many forms.
In this chapter we will consider:
+ Walter Reckless’s containment theory;
+ Sykes and Matza’s neutralisation theory;
+ David Matza’s drift theory;
+ Travis Hirschi’s social bond theory;
+ Gottfredson and Hirschi’s self-control theory;
+ Charles Tittle’s control-balance theory.
Chapter 12 – Radical and critical criminology
Stimulated by the social and political upheavals of the 1960s a group of more radically-orientated
criminologists began to look beyond questions of strain and anomie toward the structural inequalities and
power relations of capitalist societies. Building on some of the insights of interactionism and labelling theory
a variety of radical criminological theories focused on the nature of criminalisation: the process by which
certain people become identified as criminal and what this has to tell us about the nature of contemporary
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