Canadian Criminal Justice System

Submitted by Richard on Mon, 31/03/2008 - 12:06am

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The Criminal Justice System in Canada

Scales of Justice

There are many regional and area differences: dismissal of charges, reporting criteria for crime, media attention to certain crimes are not consistent across Canada. It can also be difficult to obtain an accurate picture of crime because many criminal offenses are not reported. Conversely, policies of zero tolerance in schools can significantly “increase” reported crime statistics, and public perception of the problem.

The Root Causes of Crime Have Multiple Factors

Risk factors combine to make the probability of criminal behavior more likely. No one variable should be considered in isolation. Following are the major risk factors supported in research. Many persistent offenders begin their involvement in anti-social activities before and during adolescence. Age alone is not a risk factor. It must be looked at in context of poverty, racism, family violence, parental and community neglect and problems at school. Research into persistent offending has emphasized the need to focus prevention efforts on early childhood years. Birth to age 5 is the most critical time for healthy social and emotional development.

Gender

While crime rates for females have increased in recent years, males are much more likely to be involved in crime. The research points out that crime usually involves aggression, risk taking and predatory behavior.  

Social and Economic Disadvantage

In Canada, aboriginals represent a disproportionate number of those incarcerated. This situation, in reality, is the consequence of people being kept at a social and economic disadvantage. These factors combined, greatly increase the risk of turning to crime. Low family income and poor housing often amplify poor parental supervision, marital disharmony, inconsistent care, poor nutrition, chronic health care problems, poor school performance and psychological disorders. Unsatisfactory living conditions are particularly stressful during pregnancy. Fetal development is negatively affected by maternal stress. Such stress has shown to be closely related to ill-health, neurological problems, slow development and behavior disturbances in children. While there is not direct cause and effect relationship between poverty and crime, the conditions arising out of poverty combine to create “high” risk populations who are over-represented in the criminal justice system.

Persistent Unemployment

Many studies find that a high number of youth and adults admitted to correctional facilities are unemployed. Persistent unemployment often creates a sense of despair, particularly amongst youth and can provoke angry expression including theft, substance and alcohol abuse, as well as child and family violence. Similarly, unemployed men released after terms of incarceration are more likely to re-offend. Failure in school and an unstable job situation can combine to continue an individual's involvement in crime.

For more information, please see the National Council of Welfare report **Justice and the Poor ** (Spring 2000) written by Louise Delude.

Another related website is **Opportunities 2000 **

Home Environment

There is a direct link between the abuse of women and child abuse and future delinquent behavior. This link is well researched and documented and shows that over 50% of violent young offenders witnessed wife abuse in the home. Physically abused children are five times more likely to be violent adults. Sexually abused children are eight times more likely to be sexually violent as adults. It has been estimated that up to 80% of incarcerated males have experienced some form of physical or sexual abuse as a child.

Lack of parental supervision, parental rejection and lack of parent-child involvement are consistent indicators of delinquent behavior.

Parenting that features inconsistent, incoherent, overly punitive or too permissive methods of discipline also increase the risk of delinquency. Studies show that unwanted pregnancy and teen pregnancy create higher risk factors towards criminality. Ineffective parenting encourages youth to associate with peers who are involved in criminal activities. At the risk of oversimplifying a complex problem, research suggests that there is a direct link between dysfunctional parenting and the tendency for the youth to associate with delinquent peers.

As children, offenders are less successful in school, have lower attendance rates and are more likely to leave school early than their peers. Early school leavers experience many difficulties, the most obvious being unemployment or under-employment. Canadian studies show that 40% of federal inmates have a learning disability which remained undetected throughout their childhood.

Substance Abuse

Alcohol and substance abuse are often associated with criminal behavior. Many offenders are under the influence of drugs or alcohol when offenses are committed. Regular alcohol use during adolescence can lead to higher conviction rates in adulthood. To a lesser extent, research speaks of the influence of television and other multi-media on the behavior of children. There is also some evidence that there are links between diet and violent behavior.

The research has been compiled from a variety of empirical studies, organizations, task forces and government reports and is consolidated in a publication by The John Howard Society of Alberta “Crime Prevention Through Social Development” 1995.

From; preventingcrime.net

The Mounting Costs of Crime

Relying on the “nail ‘em and jail ‘em” approach when dealing with crime comes at a high price. The Canadian public pays $9.7 billion per year in costs related to imprisonment. Other estimates show that the cost can be as high as $46 billion per year when taking into account the costs of courts, police and social and health related expenses. A Quebec Task Force reported that a comprehensive analysis of all crime related expenses shows that the cost of crime can be as high as $146 billion per year. While we cannot and should not put a price tag on human suffering, we do need to consider how this money is spent.

In 1993 the Horner Commission advised that, given the enormous costs involved in maintaining law enforcement measures, crime prevention, if nothing else, deserves a chance. Dr. Horner stated, "Statistics clearly show that crime levels in Canada are unacceptably high. The average annual cost of housing an inmate in a federal institution is approximately $60,000. In 1991 there were 13,819 federal offenders incarcerated in Canada. Every dollar spent on crime prevention saves $5–7 in corrections. How can we not put our full support behind crime prevention initiatives?” (Horner Commission, March 1993)

When compared to the cost of supporting a university student for one year ($16,000 including tuition, food and shelter) or the early education of one preschooler in quality child-care setting ($6,420 per year), our spending on corrections seems high.

Most communities are particularly concerned about the occurrence of violent crime. Statistics Canada defines violent crime as: homicides, attempted homicides, all forms of assaults (including sexual assault), abductions and robberies. There have been steady decreases in reported violent crime across Canada. These decreases in violent crime are more dramatic when one considers population growth.

By most statistical accounts, Waterloo Region is a safe community to live in. But Waterloo Region is also one of the largest urban areas in Canada and susceptible to urban problems. The fact we fare well “statistically”, does not alter the fact that statistics only represent a part of the picture. Numbers do not tell us about unreported criminal activity nor do they capture the fear of crime and concerns about safety. Fear of crime and perceptions about crime equally deserve the attention of all organizations concerned about community safety.

Some related sites:

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