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,
Curt Taylor Griffiths (Ph.D., Sociology, University of Montana) is a Professor in the
School of Criminology and Coordinator of the Police Studies Program at Sin1on
Fraser University in Vancouver. An1ong his primary areas of teaching and research are
policing, corrections, comparative criminal justice, legal reforn1 and capacity-building,
enhancing the effectiveness of international development initiatives, and the dynamics
of community justice.
Professor Griffiths has been a Visiting Expert at the United Nations Far East Institute
for the Prevention of Crime and Treatn1ent of Offenders (UNAFEI), Tokyo, Japan, and
a Visiting Fellov" at the American University in Cairo and at Tokiwa University, Mito,
lbaraki, Japan. He has conducted research and evaluations and worked with justice
agencies and community organizations in a variety of jurisdictions, including Egypt,
Japan, Dominica, the Netherlands, and Latvia, as well as in the remote Canadian north.
Professor Griffiths is the author or co-author of more than 100 research reports
and articles and of several college/university-level texts, including Canadian Criminal
J1.1Stice: A Primer, Canadian Police Work, and Canadian Corrections (vvith Danielle
Murdoch). He is a member of the editorial boards of The International Review of
Victimology, International Criminal Justice Review, and Police Practice and Research:
An International Journal.

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 I
I

•
Preface XIV
...
A Unique Learning Framework XVII I

Acknowledgements xx
•
A Note to Instructors XXI

PART I CANADIAN CRIMINAL JUSTICE: SETTING THE FRAMEWORK ........ 2

CHAPTER 1 The Foundations of Criminal Justice ...... . ...... . ............... 4
CHAPTER 2 Understanding the Criminal Justice System . . ..................... 21
CHAPTER 3 Considerations in the Study of Criminal Justice ..................... 42

PART II THE POLICE . ..... . ................. . ...... . .............. 66

CHAPTER 4 The Structure and Roles of the Police ........................... 68
CHAPTER 5 Police Powers and Decision-Making ............................ 101
CHAPTER 6 Police Strategies, Operations, and Engagement ................... 132

PART Ill THE CRIMINAL COURTS ................................... 164

CHAPTER 7 The Structure and Operation of the Criminal Courts ................ 166
CHAPTER 8 The Prosecution of Criminal Cases ........ . ...... . ............. 200
CHAPTER 9 Sentencing .............................................. 248

PART IV CORRECTIONS ..................... . .................... 284

CHAPTER 10 Corrections in the Community: Alternatives to Confinement ........... 286
CHAPTER 11 Correctional Institutions ..................................... 312
CHAPTER 12 Release, Re-entry, and Reintegration ...... . .................... 359

PARTV YOUTH JUSTICE .................... . .................... 400

CHAPTER 13 The Youth Justice System ................................... 402

PART VI RECONSIDERING CRIMINAL JUSTICE. .......... . ............. 436

CHAPTER 14 Going Forward: Challenges to and Opportunities for
Criminal Justice Reform .................................... 438

Glossary 454
Index 460
..
NEL VII
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Preface
A Unique Learning Framework
Acknowledgements
A Note to Instructors
PART I CANADIAN CRIMINAL
JUSTICE: SETTING
THE FRAMEWORK ........ 2
CHAPTER 1: The Foundations
of Criminal Justice ..... 4
Thinking Critically about the Criminal Justice
System . ................... . ..... 5
What Is Critical Thinking? . .. . . .. . . .. . . .. .5
What Is a Crime
and Why?. . . . . . . . . . . . . . . . . . . . . . . . 6
What Is a Crime?. . ... . ... .. .. . . .. . . .. .6
The Social Construction of Crime . . . . . . . . . .7
The Origins and Application of the
Criminal Law . ... . ... . ... .. .. .. .. . . .. .9
The Types of Canadian Law ....... . . . .. 1O
The Canadian Legal System ........... 1O
The Criminal Law. . ... . ... .. .. . . .. . . .. 11
The Sources of Criminal Law . . . . . . . . . . . .1 1
The Principles of Canadian Law .. . . .. . . .. 12
The Rule of Law . . ... . ... .. .. . . .. . . .. 12
The Canadian Charter of Rights
and Freedoms ... . ... . ... .. .. .. . . . . .. 14
The Criminal Code of Canada (1892) .. .. .. 15
Criminal Law and Civil Law: What'.s the
Difference? . . . . . . . . . . . . . . . . . . . . . . . . .15
."
VII I
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•
XIV The Criminal Law in a Diverse Society .... 16
... Summary . . . . . . . . . . . . . . . . . . . . . . . . . 17
XVIII
Key Points Review................... 18
xx Key Term Questions . . . . . . . . . . . . . . . . . 18
XXI
•
Critical Thinking Exercise. . . . . . . . . . . . . . 19
Class/Group Discussion Exercise . . . . . . . . 19
Media Link . . . . . . . . . . . . . . . . . . . . . . . . 19
References . . . . . . . . . . . . . . . . . . . . . . . . 20
CHAPTER 2: Understanding the Criminal
Justice System . . . . . . . . 21
The Criminal Justice System . . . ........ 22
The Purpose of the Criminal Justice System. . .22
The Role and Responsibilities of Governments
in Criminal Justice . . .. .. .. .. .. .. .. .. .. 22
Is the Criminal Justice System a "System"? . . .23
Models of Criminal Justice Administration:
Due Process versus Crime Control ..... 23
An Adversarial System of Criminal Justice . .. 23
The Flow of Cases through the Criminal
Justice System ................... 25
The Dynamics of Criminal Justice ....... 27
The Role of Discretion in the
Criminal Justice System . . .. .. .. .. .. .. .. 27
The Task Environments of Criminal Justice . .. 28
Ethics in Criminal Justice . .. .. .. .. .. .. .. 28
Accountability in the Criminal Justice System. .. 29
Public Confidence and Trust in the
Criminal Justice System . . .. .. .. .. .. .. .. 30
The Politics of Criminal Justice: The Agenda
of the Federal Conservative Government
(2006-15) . . .. .. .. . . .. .. ... . .. . . .. .. 32
Is the Criminal Justice System Effective? .. 32
Are the Criminal Law and the Criminal Justice
System a Deterrent? . . . . . . . . . . . . . . . . . .33
Evidence-Based Policies and Programs . . . .. 34
Restorative Justice: An Alternative
Approach to Criminal Justice ..... .. .. 34
Entry Points for Restorative Justice
in the Criminal Justice System . ... . ... . .. 36
Summary ................... . . . ... 36
Key Points Review ................... 37
Key Term Questions ........... . . . ... 37
Critical Thinking Exercise ........ ... ... 38
Class/Group Discussion Exercise .. . . . ... 38
Media Links ...... . . . ....... . . . . ... 40
Refurences ........................ 40
CHAPTER 3: Considerations in the Study
of Criminal Justice . . . . . 42
Multiculturalism and Diversity in Canada . .. 43
Inequality. . . . . . . . . . . . . . . . . . . . . . . . . . .43
Racism, Prejudice, and Discrimination. .. . .. 44
Racialized Persons, Racialization, and
Racial Profiling. .. .. .. .. ... . ... . ... . .. 45
The Experiences of Women ....... . . . .. 47
The Experiences of Indigenous Persons ... 47
Indigenous Persons in Canadian Society:
The Legacy of Colonization. .. . ... . ... . .. 48
The Experiences of Indigenous Women . . . . .50
Sexual Minorities ............. . . . ... 50
LGBTQ Youth . . .. .. .. .. ... . ... . ... . .. 51
The Experiences of Muslims ..... . . . . .. 51
Muslim Experiences in Quebec . ... . ... . .. 52
NEL
 The Experiences of Blacks. . . . . . . . . . . . . 52
The Black Experience Project . ........... 53
Additional Considerations . ....... .. ... 53
The Escalating Costs of the Criminal
Justice System ...................... 53
The Changing Boundaries of Criminal Justice
Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . .54
The Rise of the Surveillance Society . ...... 55
Addressing the Needs of Crime Victims . .... 56
The Health and Wellness of Offenders
and Criminal Justice Professionals .. . ..... 56
The Lack of the Diversity among Criminal
Justice Professionals ............ . ..... 57
Summary ... . ........ . ....... .. ... 57
Key Points Review. . . . . . . . . . . . . . . . . . . 57
Key Term Questions . . . . . . . . . . . . . . . . . 58
Critical Thinking Exercise . . ....... .. ... 58
Class/Group Discussion Exercise ... .. ... 59
Media Links .. ....... .. ....... .. ... 59
References . . . . . . . . . . . . . . . . . . . . . . . . 60
PART II THE POLICE . ............ 66
CHAPTER 4: The Structure and Roles
of the Pol ice . . . . . . . . . 68
Defining Police Work .............. . .. 69
The Legislative Framework of Police Work . . . 70
Perspectives on the Role of the Police .... 70
The Social Contract Perspective .......... 70
The Radical Perspective . ............... 70
Police Work in a Democratic Society ..... 72
Governance and Oversight of the Police ... 73
NEL
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Defining Features of the Police Role ...... 74
The Ever-Expanding Police Role .......... 74
The Impact of Legislation and
Court Decisions . ..................... 75
Core Policing in the Early 21st Century ... 76
Policing a Diverse Society. .............. 76
A Brief History of Policing .... . ........ 78
The Evolution of Policing in Canada ...... 78
Canadian Policing: A Profile ... . ........ 80
The Structure of Contemporary
Canadian Policing . . . . . . . . . . . . . . . . . 80
Federal Police: The Royal Canadian
Mounted Police ...................... 81
ProwncialPolice..................... .82
Regional Police Services ............... 82
Municipal Police ..................... 82
Indigenous Police . .................... 83
Police Organizations . ...... .. ........ 84
Private Security Services .... .. ........ 84
Police Peacekeeping . . . . . . . . . . . . . . . . . 85
The Pol ice Response. . . . . . . . . . . . . . . . . 85
The Recruitment and Training of
Police Officers ................... 86
Police Recruitment. ................... 86
Increasing Officer Diversity in Police
Services ........................... 87
Police Training . ...................... 88
The Pol ice Occupation. . . . . . . . . . . . . . . . 90
The Working Personality of Police Officers . .. 90
Challenges in Police Work ... .. ....... . 91
Occupational Stress Injuries ............. 91
The Experience of Women Police Officers ... 93
Summary . .. ....... . ...... . . . ..... 94
Key Points Review.... . ...... . . . ..... 95
Key Term Questions . . . . . . . . . . . . . . . . . 95
Critical Thinking Exercise ..... .. ....... 96
Class/Group Discussion Exercise . ....... 96
Media Links ..... .. ....... .. ....... 97
References . . . . . . . . . . . . . . . . . . . . . . . . 97
CHAPTER 5: Police Powers and
Decision-Making ..... 101
The Charter of Rights and Freedoms
and Police Powers . ....... .. ..... 102
Police Accountability ................ 104
Police Ethics ....................... 105
Police Discretion and Decision-Making ... 105
The Exercise of Discretion ............. 106
Typifications and Recipes for Action ...... 106
Biased Policing and Racial Profiling. ...... 106
Racial Profiling versus Criminal Profiling ... 107
Street Checks and Carding . ............ 108
Studies of Biased Policing and
Racial Profiling. ..................... 109
Police Policies on Racial Profiling and
Street Checks/Carding . ............... 11 0
Police Treatment of Indigenous Persons .. 111
The Pol ice Use of Force . . . . . . . . . . . . . 111
The Force Options Framework .......... 112
Decision-Making and Force Options ...... 113
Less-Lethal Force Options ............. 113
Deadly Encounters: The Police Use
of Lethal Force ..................... 114
•
Table of Contents IX
 The Use of Force and Persons with
Mental Illness (PwMO . ...... . ......... 115
Police Powers in Investigations ........ 117
Entrapment: A Misuse of Police Powers ... 117
The "Mr. Big" Technique: A Controversial
Investigative Strategy . ............. . .. 117
Search and Seizure . . . . . . . . . . . . . . . . . .11 8
The Power to Detain and Arrest ...... . .. 120
The Right of Suspects to Remain Silent. . .. 123
Police Officer Misconduct ........ . ... 124
Complaints Against the Police. . ...... . .. 124
The Reluctance to File a Complaint. ... . .. 126
Summary ........................ 126
Key Points Review. . . . . . . . . . . . . . . . . . 127
Key Term Questions . . . . . . . . . . . . . . . . 128
Critical Thinking Exercise . ........ . ... 128
Media Links . ........ . ........ . ... 128
References . . . . . . . . . . . . . . . . . . . . . . . 129
CHAPTER 6: Police Strategies, Operations,
and Engagement. ..... 132
Measuring the Effectiveness of Police
Strategies and Operations . . . . . . . . . . 133
Crime Rates and Clearance Rates. .... . .. 133
Crime Displacement. ..... . ........ . .. 134
Additional Measures of Police Effectiveness . . 134
The Professional Model of Policing ...... 134
Community Policing ................ 135
Defining Community Policing ........ . .. 135
Community-Based Strategic Policing. .. . .. 136
The Police and the Community ........ 138
Public Attitudes toward and Confidence
in the Police .. . ................. . .. 138
The Police and Restorative Justice
Approaches . .. . .......... . ...... . .. 139
The Challenges in Developing and Sustaining
Police-Community Partnerships ...... . .. 140
Anonymous and Creep Catchers:
Guardians of Justice or Vigilantes? . ...... 140
Crime Prevention .................. 142
Primary Crime Prevention Programs ...... 142
Secondary Crime Prevention Programs . ... 143
Crime Prevention in Indigenous
Communities . . . . . .... . .......... . .. 145
Challenges in Crime Prevention ...... . .. 146
Crime Response Strategies ....... . ... 146
The Broken Windows Approach ...... . .. 146
Zero-Tolerance Policing and Quality-of-Life
Policing . . .... . . . . . .. . ... . ...... . .. 147
x Table of Contents
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Problem-Oriented Policing (POP) . ........ 147
Crime Attack Strategies .............. 148
Tactical-Directed Patrol .... . .......... 148
Targeting High-Risk Offenders .......... 148
The Police and Vulnerable/At-Risk
Groups ........................ 150
Responding to Persons with Mental Illness .. 150
The Police Treatment of Indigenous,
Vulnerable, and Marginalized Women ..... 152
The Police and the LGBTQ Community .... 156
Summary ........................ 157
Key Points Review. . . . . . . . . . . . . . . . . . 158
Key Term Questions . . . . . . . . . . . . . . . . 159
Critical Thinking Exercise ............. 159
Class/Group Discussion Exercise ....... 159
Media Links ...................... 160
References . . . . . . . . . . . . . . . . . . . . . . . 160
PART Ill THE CRIMINAL COURTS . . 164
CHAPTER 7: The Structure and Operation
of the Criminal Courts .. 166
The Criminal Courts in Canada ........ 167
The Provincial/Territorial Court System ... 168
Provincial and Territorial Specialized
Problem-Solving Courts ............ 171
The Effectiveness of Specialized Courts. ... 173
Indigenous Courts . . .......... . ...... 173
Provincial/Territorial Circuit Courts ...... 176
The Provincial/Territorial Superior Courts . 177
The Supreme Court of Canada . . . . . . . . 179
The Courtroom Workgroup ........... 181
The Judge . ...... . . . ...... . ........ 181
Justices of the Peace . . ...... . ........ 181
Defence Lawyers . . . . . ...... . ........ 182
Duty Counsel . .... . . . ...... . ........ 182
Crown Counsel ... . . . ...... . ........ 183
Other Courtroom Personnel ... . ........ 184
Features of the Courtroom Workgroup. .... 184
Where Do Judges Come From? ........ 185
Diversity (or the Lack Thereo~ in
the Judiciary ..... . .......... . ...... 186
Judicial Ethics and Accountability....... 187
Public Complaints about Judges . . . ...... 188
Case Delay in the Courts ............. 190
The Sources of Case Delay. ..... . ...... 190
Addressing Case Delay: The sec
R. V. Jordan Decision . . ........ . ...... 191
The Challenges of Mega-trials ......... 193
Summary .. ...... ................ 194
Key Points Review. . . . . . . . . . . . . . . . . . 194
Key Term Questions . . . . . . . . . . . . . . . . 195
Critical Thinking Exercise ............. 195
Class/Group Discussion Exercise ....... 196
Media Links ...................... 196
References . . . . . . . . . . . . . . . . . . . . . . . 196
CHAPTER 8: The Prosecution of
Criminal Cases .... . . 200
The Flow of Cases through the
Court System . . . . . . . . . . . . . . . . . . . 202
Summary Offences or Proceeding
Summarily . .. . . . .... . . . . . .. . ... . ... 202
Electable Offences . ... . . . . . .. . ... . ... 203
The Pre-trial Process . . . . . . . . . . . . . . . 203
Laying an Information and Laying
a Charge . ... . . . .... . . . .... . ... . ... 204
Compelling the Appearance of the
Accused in Court . .... . . . ...... . . . ... 204
Release by the Police . . . . . ...... . . . ... 206
The Decision to Lay a Charge . .... . . . ... 206
Judicial Interim Release (Bailj . .... . . . ... 207
Pre-trial Remand . . . . . . . . . . . . . . . . . . . .21 0
Security Certificates . .. . .......... . ... 211
Defendants' Access to Legal
Representation .................. 212
Legal Aid for the Accused. . ...... . ..... 213
Fitness to Stand Trial. ........ . ...... 214
Assignment and Plea ........ . ...... 214
Plea Bargaining ................... 215
Access to the Courtroom ............. 216
Mode of Trial: Trial by Judge Alone
or by Judge and Jury ............. 217
Disclosure of Evidence ...... ........ 219
The Trial . ........ . ....... ........ 219
The Case for the Crown . . . . . . . . . . . . . 220
The Case for the Defence . . . . . . . . . . . . 221
The "You've Got the Wrong Person"
Defence .... . ...... . . . ...... . . . ... 222
The Mental State of the Accused at the
Time of the Alleged Offence .... . ... . ... 223
Justifications: Excuse-Based Defences . ... 225
Procedural Defences .. . . . ...... . . . ... 228
The Jury. . . . . . . . . . . . . . . . . . . . . . . . . 228
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . 230
Crime Victims and the Court Process .... 231
Compensation for Crime Victims . .. . . . ... 232
NEL
 Accommodating Diversity in the
Courtroom . ........ . ....... .. .. 232
Wrongful Convictions . . . . . . . . . . . . . . . 232
The Role of the Police ................ 234
The Role of Crown Counsel ............ 234
The Role of Expert Witnesses ........... 235
Restorative Justice Approaches . . . . . . . . 237
The Ottawa Restorative Justice
Program .......................... 237
Summary ........................ 238
Key Points Review. . . . . . . . . . . . . . . . . . 238
Key Term Questions . . . . . . . . . . . . . . . . 239
Critical Thinking Exercise .. ....... .... 239
Class/Group Discussion Exercise ....... 240
Media Links . . . . . . . . . . . . . . . . . . . . . . 240
References . . . . . . . . . . . . . . . . . . . . . . . 241
CHAPTER 9: Sentencing ......... 246
The Purpose and Principles of
Sentencing . . . . . . . . . . . . . . . . . . . . . 247
The Goals of Sentencing: The Cases
of Mr. Smith and Mr. Jones ..... .. .. 247
Utilitarian Goals ................ . .... 247
Retributive Goals . . . . . . . . . . . . . . . . . . . .248
Restorative Goals . ................... 248
What Sentences Did Mr. Smith and
Mr. Jones Receive? ............. . .... 248
Sentencing Options ................. 249
Victim Fine Surcharge (VFS) ....... . .... 251
Additional Sentencing Options ......... 252
Judicial Determination ........... . .... 252
Judicial Restraint Order .......... . .... 252
Life Imprisonment .............. . .... 252
Sentencing Considerations ....... .. .. 253
Extraordinary Measures: Dangerous
and Long-Term Offenders ...... .. .. 254
Dangerous Offender (DO) Designation . .... 254
Long-Term Offender (LTD) Designation .... 256
Sentencing in a Diverse Society .... .. .. 257
Sentencing Indigenous Offenders ... .. .. 258
Indigenous Traditional Punishments ...... 261
Sentencing and Race ............... 262
How Do Judges Decide? . . . . . . . . . . . . . 263
Judicial Discretion ................... 263
Statutory Guidance .................. 265
Maximum Sentences ................. 265
Limits on Judicial Discretion . ........... 266
Sentencing and Crime Victims ......... 267
NEL
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Victim Impact Statements . ............. 268
Community Impact Statements (C/Ss) ..... 269
Public Perceptions of Sentencing ....... 270
Restorative Approaches and Sentencing .. 270
Circle Sentencing. ................... 270
The Politics of Sentencing ............ 271
The Effectiveness of Sentencing ....... 273
You Be the Judge .................. 27 4
A Judge Deliberates on a Sentence:
The Case of R. v. Burgess . ......... 275
Victim Impact Statements . ............. 275
Vanessa Burgess's Background and
Circumstances. ..................... 275
Aggravating Factors . ................. 276
Mitigating Factors ................... 276
Summary ....... .. ....... . ....... 277
Key Points Review. . . . . . . . . . . . . . . . . . 277
Key Term Questions . . . . . . . . . . . . . . . . 278
Critical Thinking Exercises .... . ....... 278
Class/Group Discussion Exercise ....... 280
Media Link ...... . ................ 281
References . . . . . . . . . . . . . . . . . . . . . . . 281
PART IV CORRECTIONS ...... . .. 284
CHAPTER 1O: Corrections in the
Community: Alternatives
to Confinement . ... . 286
Absolute and Conditional Discharges . . . . 288
Suspended Sentence . . . . . . . . . . . . . . . 289
Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Diversion Programs .. ...... .. ....... 289
Victim-Offender Mediation . ............ 290
The Issue of Net-Widening . ............ 291
Conditional Sentences. . . . . . . . . . . . . . . 291
Probation . . . . . . . . . . . . . . . . . . . . . . . . 292
Probation and Conditional Sentences:
What's the Difference? . ............ . .. 293
Probation versus Parole: What's the
Difference? ........................ 293
Recruitment and Training of Probation
Officers . .......................... 294
Role and Responsibilities of Probation
Officers . ..........................295
The Dual Role of Probation Officers ...... 297
Collaboration with Other Agencies. ....... 298
The Risk, Need, and Responsivity Model
in Probation . . . . . . . . . . . . . . . . . . . . 298
The Application of RNR to Probation Practice:
The Strategic Training Initiative in Community
Supervision (ST/CS) .................. 299
Intensive Supervision Probation ........ 300
The Experience of Probationers . . . . . . . . 300
The Challenge of Probation Practice .... 301
Occupational Stress . ................. 301
Supervising High-Risk and High-Need
Probationers .......................301
Heavy Workloads and High Caseloads . .... 302
A Lack of Probation Officer-Offender
Contact and Intervention .............. 302
Probation Services in Remote and
Northern Regions . ................... 303
Supervising a Diverse Clientele . ......... 303
The Need for Reform: Findings from
Ontario and British Columbia... . .... 303
Surveillance in the Community: The Use
of Electronic Monitoring (EM) and GPS
Tracking ....... .. ....... .. ..... 304
The Effectiveness of Alternatives
to Confinement .. . . . ..... .. ...... 305
Summary . . ...... . . . ..... .. ...... 307
Key Points Review . .. ....... .. ...... 307
Key Term Questions . . . . . . . . . . . . . . . . 308
Critical Thinking Exercise ..... .. ...... 308
Class/Group Discussion Exercise . . . . . . . 309
Media Links ..... .. ...... ... ...... 309
References . . . . . . . . . . . . . . . . . . . . . . . 309
CHAPTER 11 : Correctional
Institutions . ........ 312
The Creation of the Canadian
Penitentiary .................... 314
Local Jails and Provincial Prisons . ..... 315
Federal Corrections ................. 316
Provincial and Territorial Corrections .... 316
Facilities Operated by Non-profit
Organizations ... . . . ...... . . . .... 316
The Use of Incarceration ..... .. ...... 317
Types of Correctional Institutions . . . . . . . 317
The Challenges of Managing Correctional
Institutions . . . . . . . . . . . . . . . . . . . . . 318
Meeting the Requirements of Law, Policy,
and Legislation .....................318
The Prison as a Total Institution ......... 318
The "Split Personality" of Corrections ..... 318
The Impact of Legislation and
Political Agenda . .................... 319
Conditions in Correctional Institutions . .... 319
•
Table of Contents XI
 The Changing Offender Profile ..... .. ... 319
Overcrowding in Correctional Institutions . .. 323
Preventing Disorder and Disturbances. .... 324
Ensuring Inmate Safety ............... 325
Inmate Health and Infectious Diseases .... 326
The Use of Segregation . . .. ...... . .. . 327
The Controversy over and Reform
of Solitary Confinement ............... 328
The Incident at the Kingston Prison for Women
(P4W): A Watershed Event in Womens
Corrections ........................ 330
Working Inside: The Experience of
Correctional Officers . . . . . . . . . . . . . . 330
Recruitment and Training . . ...... ... ... 331
The Authority of Correctional Officers .. ... 331
Relationships with Inmates . ...... ... ... 332
Corrections Officer Abuse of Authority . . ... 333
Relationships with the Administration
and Treatment Staff . ........... ... ... 333
Stressors for Correctional Officers. . . . . . . .334
Doing Time: The World of the Inmate . .. . 334
Entering the Prison ............ ... ... 334
Living Inside ....................... 335
The Inmate Social System ............. 336
The Experience of LGTBQ and
Transgendered Inmates ............... 338
Inmate Families . ....... . . . .... ... ... 338
Inmate Grievances and Complaints . ...... 338
Does Incarceration Work? ........ . ... 339
Classification and Treatment ...... . ... 339
Case Management. . . . . . . . . . . . . . . . . . .340
Institutional Treatment Programs. ........ 341
Women Offenders and Treatment ........ 342
The Principles of Effective Correctional
Treatment ......................... 343
Restorative Justice in Correctional
Institutions. .......... . ... . ......... 343
Indigenous Healing Centres and Lodges ... 343
Treatment Programs for Indigenous Inmates. .344
Measuring the Effectiveness of
Correctional Treatment . . . . . . . . . . . . 345
Does Correctional Treatment Work? . . . . . 346
Summary ... .. . ..... . .. ...... . .. . 347
Key Points Review. . . . . . . . . . . . . . . . . . 347
Key Term Questions . . . . . . . . . . . . . . . . 348
Critical Thinking Exercise . .. ..... .. . .. 349
Class/Group Discussion Exercise .. .. . .. 350
Media Links . .. ..... .. . ...... .. . .. 350
References. . . . . . . . . . . . . . . . . . . . . . . 352
..
XII Table of Contents
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restricti~ns ~equire it.
CHAPTER 12: Release, Re-entry,
and Reintegration .. . 359
The Purpose and Principles of Conditional
Release . . . . . . . . . . . . . . . . . . . . . . . 360
The Release Options for Federal and
Provincial/Territorial Inmates . . . . . . . . 361
The Parole Process .. ..... ... ...... . 362
The Changing Face of Conditional Release . .364
Parole Board Grant Rates . ............. 364
Victims and Conditional Release ...... . 366
Parole Board Decision-Making . . ...... . 368
Inmate Applicants and the Parole
Hearing . . ........ . .. ... . ... . ...... 369
The Dynamics of Parole Board
Decision-Making ......... . .......... 370
Issues in Parole Board Decision-Making . .. 371
Is Parole Board Decision-Making
Effective? .........................373
The Reintegration Process .. ... ...... . 373
Coming Back: The Challenges of Re-entry
and Reintegration ...... ... ..... . . 375
The Challenges of Newly Released
Offenders . . . . . . . . . . . . . . . . . . . . . . . . .376
Strangers in a Strange Land: The Isolation
of Offenders Returning to the Community . .377
Women Offenders and Reintegration . ..... 379
Indigenous Offenders and Reintegration ... 379
High-Risk and Special-Needs Offenders
on Conditional Release . . . . . . . . . . . . 380
High-Risk Offenders . ... . .. . .......... 381
Persons with Mental Illness ............ 381
Sex Offenders ........ . ............. 381
The State-Raised Offender and Re-entry. .. 382
Parole Officers and the Supervision of
Offenders . . . . . . . . . . . . . . . . . . . . . . 383
The Dual Function of Parole Supervision ... 383
Additional Provisions for Supervision . ..... 383
Facilities and Programs for Offenders
on Conditional Release .. ... ...... . 384
Non-profit Organizations and Offender
Reintegration . .................... .. 384
Making it or Going Back: Factors in the
Success or Failure of Offenders on
Release . . . . . . . . . . . . . . . . . . . . . . . 385
Suspension and Revocation of Conditional
Release . .......................... 386
Circles of Support and Accountability (COSAs):
A Restorative, Reintegrative Program
for High-Risk Sex Offenders . ...... . 387
The Effectiveness of Community
Supervision Strategies ... .. . ...... . 389
?e
Decisions and Outcomes: One Man's
Journey through the Criminal
Justice System . . . . . . . . . . . . . . . . . . 390
Summary .. . ..... ... ...... .. ..... 393
Key Points Review .. ... ..... ... ..... 393
Key Term Questions .. ...... ... ..... 394
Critical Thinking Exercise ..... ... ..... 394
Class/Group Discussion Exercise .. ..... 395
Media Lin ks . . . . . . . . . . . . . . . . . . . . . . 395
References . . . . . . . . . . . . . . . . . . . . . . . 397
PART V YOUTH JUSTICE . . . . . . . . 400
CHAPTER 13: The Youth Justice
System .... . .... . . 402
The Risk and Needs of Youth . . . . . . . . . . 404
Programs for At-Risk Youth . . . . . . . . . . . 405
Differences between the Adult and
Youth Criminal Justice Systems . . .... 406
The Youth Justice System .... ... ..... 407
Keeping Youth Out of the Formal Youth
Justice System: Extrajudicial Measures
and Extrajudicial Sanctions . ............ 407
Extrajudicial Measures (EJM) ........... 408
Extrajudicial Sanctions (EJS) . ........... 409
Specialized Youth Courts . ............. 41 O
Community Involvement in the Youth Justice
System: Youth Justice Committees
and Youth Justice Conferences .. .... 41 o
Youth Court . . . . . . . . . . . . . . . . . . . . . . 411
The Role of Justices of the Peace (JPs) . ... 411
Judicial Interim Release (Bailj . .. . ... . ... 411
Youth Court Cases ........ . .. . ... . ... 412
LGBTQ Youth . ........... . .. . ... . ... 412
Indigenous Youth ......... . .. . ... . ... 413
Black Youth . . . . . . . . . . . . . . . . . . . . . . . .413
Sentencing Young Offenders ... ... .... 414
Non-custodial Sentencing Options ... . ... 415
Youth Probation .......... . .. . ... . ... 416
Custodial Sentencing Options . .. . ... . ... 416
Youth in Custody. . . . . . . . . . . . . . . . . . . 418
Indigenous Youth in Custody. ........... 418
Doing Time in Youth Custody Facilities .... 419
The Use of Solitary Confinement. ........ 420
Treatment Programs for Youth in Custody . .420
Youth-Staff Relationships . ............. 421
The Role of Parents in the Youth Justice
Process . . . . . . . . . . . . . . . . . . . . . . . 422
Restorative Justice Programs for Youth
Offenders . . . . . . . . . . . . . . . . . . . . . . 422
NEL
 Release, Re-entry and Reintegration
of Youth offenders .... . ....... .. .. 424
Aftercare Programs ..................424
The Role of Informal Social Support
Networks . ......................... 42 4
The Costs of Youth Justice ....... .. .. 424
The Effectiveness of Interventions with
Youth Offenders ............. . ... 425
Summary .................... . ... 427
Key Points Review .................. 427
Key Term Questions ................ 428
Critical Thinking Exercises . ....... .... 428
Class/Group Discussion Exercise ....... 429
Media Links .. ....... ........ . .... 429
References. . . . . . . . . . . . . . . . . . . . . . . 429
PART VI RECONSIDERING CRIMINAL
JUSTICE . . . . . . . . . . . . . . 436
Chapter 14: Going Forward: Challenges
to and Opportunities
for Criminal Justice
Reform . . . . . . . . . ... 438
Challenges for the Criminal Justice
System ........................ 439
NEL
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Developing and Implementing
Evidence-Based Legislation, Policies,
and Programs ...................... 439
Proactive Problem-Solving versus
Reactive Sanctioning ................. 440
Managing Technology. ................ 440
Adhering to the Rule of Law and
Respecting the Rights of the Accused
and Offenders . . . . . . . . . . . . . . . . . . . . . .441
Considering Ethics in Criminal Justice . .... 441
Ensuring Accountability in the Criminal
Justice System ..................... 442
Ensuring the Health and Wellness of
Criminal Justice Professionals .......... 442
Addressing the Needs of Victims . ........ 443
Indigenous Persons and the Criminal
Justice System: Time for a Reset? ....... 443
Addressing Trauma in Offenders . ........ 444
Reducing the Marginality of Offenders. .... 445
Administering Criminal Justice in a
Diverse Society . . . . . . . . . . . . . . . . . . . . .445
The Need to Reimagine Criminal Justice . .. 446
Opportunities for Criminal Justice Reform 446
The Escalating Costs of Criminal
Justice ...........................446
Expanding Effective Criminal Justice
Interventions and Learning From Failure ... 447
Developing Human and Helping
Relationships . ...................... 447
Giving Voice to At-Risk and Vulnerable
Groups ...........................447
Improving Assistance for Victims of Crime . .448
Strengthening Restorative Justice . ....... 448
Questions to Be Asked about the Criminal
Justice System . . . . . . . . . . . . . . . . . . 449
Summary . .. ..... . . . ...... . . . .... 450
Key Points Review. . . . . . . . . . . . . . . . . . 450
Key Term Question . . . . . . . . . . . . . . . . . 450
Critical Thinking Exercise ..... .. ...... 451
Class/Group Discussion Exercise . ...... 451
Media Link . ..... .. ....... .. ...... 451
References . . . . . . . . . . . . . . . . . . . . . . . 451
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . 454
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
...
Table of Contents XIII
THE GOAL OF THIS TEXT
T he Canadian criminal justice system is a complex dynan1ic a11d ever-changi11g enter-
7 7

prise. How tl1e various compo11e11ts of tl1e syste111 operate a11d the extent to which tl1ey
succeed i11 preventing and responding to crime and cri1ni11al offenders affect 11ot only
tl1e general 1Jublic but also cri1ni11al justice personnel and offenders. Tl1is edition of
Canadian Criminal Justice: A Primer Sixtl1 Edition is designed ,vitl1 the sa111e basic
7 7

obj ectives as the previous editions: to present in a clear a11d concise fashion n1aterials
on the cri111inal justice syste111 i11 Canada and to highligl1t the key issues surrounding
7
tl1is country S responses to crime and offe11ders. Tl1is book is 11ot an exl1austive exan1-
i11ation of all facets of the criminal justice process. Rather its inte11t is to present witl1 7 7

broad brush strokes i11formation 011 the structure and operatio11s of the cri1ninal justice
7

system at the same time identifying so1ne of the 1nore significant challe11ges and con-
7

troversies that arise at each stage of the justice process.

ORGANIZATION OF THE TEXT

T his edition of tl1e text is organized into six parts. Part I is designed to set the fra111ework
for tl1e study of Canadia11 cri1ninal jL1stice. Chapter 1 sets out tl1e foundations of tl1e
crin1inal justice systen1 Chapter 2 higl1lights key features of tl1e dynamics of the cri111-
7

inal justice process and Cl1apter 3 discusses inequality racis1n a11d discriminatio11 and
7 7 7

tl1e lived experiences of I11digenous peoples racialized groups and persons i11 visible/
7 7

cultural/religious 1ninorities as a backdrop for the study of Canadia11 crin1inal justice.

Part II contains tl1ree cl1apters tl1at focus 011 various di1ne11sions of C anadia11 polici11g.
Cl1apter 4 discusses the structure and roles of the police; Cl1apter 5 exami11es police
powers a11d decision-making; a11d C hapter 6 considers police strategies operations 7 7

and e11gage1nent.
Part III presents 1naterials on the cri1ninal courts. Cl1apter 7 exa1ni11es tl1e structure
and operation of the crimi11al courts; Cl1apter 8 looks at the prosecutio11 of crin1inal
cases; a11d Cl1apter 9 discusses se11tencing in the cri1ninal courts.
Part IV contains three cl1apters tl1at focus on C anadia11 correctio11s. Chapter 10 dis-
cusses correctional alternatives to confi11ement; Chapter 11 revievvs correctional insti-
tutions; and C l1apter 12 examines tl1e release re-entry a11d rei11tegration of offe11ders
7 7

i11to the com1nunity.

Part V contains C hapter 13 whicl1 examines the youtl1 justice syste1n.
7

Part VI is titled ''Reco11sidering Cri1ninal Justice a11d in Cl1apter 14 tl1e final cl1apter
7
" 7

of the text the challe11ges to and opportu11ities for cri111i11al justice refor1n are discussed.
7

Part Openers provide a concise introduction for stude11ts and l1igl1light key trends i11
the cri1ni11al justice syste1n tl1at will be discussed i11 the chapters followi11g.
Learning Objectives are set out at tl1e beginning of each cl1apter. T hey identify tl1e
pL1rpose of the 1naterials tl1at are presented and serve to orient the reader to the chapter.
Tables graphs cl1arts and photographs are i11terspersed tl1rougl1out tl1e book and
7 7 7 7

provide visual representatio11s of data curre11t events or key people and places in tl1e
7 7

crin1inal justice systen1 .

•
XIV NEL
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 A runni11g glossary 1Jroceeds througl1out tl1e text, with key ter1ns defined in the 1nar-
gins, for easy retrieval fro1n students.
Eacl1 cl1apter e11ds with a Summary, to h elp students reflect on wl1at they have just
lear11ed. Key Points Review and Key Term Questions l1ave been retained and updated
from the fifth edition, to test knowledge of specific topics.
New to tl1e Sixth Edition, Critical Thinking and Class/Group Discussion Exercises
at tl1e e11d of the cl1apter furtl1er engage tl1e stude11t in consideri11g and discussi11g crit-
ical issues i11 tl1e justice syste1n. Ma11y of the exercises centre on actual cases a11d events.
Lastly, Media Links have bee11 carefully selected to provide stude11ts witl1 access to
perso11s wl10 are i11volved in some way witl1 the crimi11al justice systen1, as well as to
provide a n1ore i11-depth exa111inatio11 of issues tl1at were raised in tl1e chapter.

CHANGES TO THE SIXTH EDITION

In addition to updati11g legislatio11, inserting 11ew court ruli11gs, and including new
materials on all facets of the justice systen1, there are a nu1nber of sig11ifica11t cl1anges in
this edition. T hese include the following:

FEATURE BOXES
There are several formats tl1at are used to prese11t materials a11d to e11gage tl1e student
reader. T he Perspective feature provides first-l1and accou11ts tl1at capture the dy11amics
of the crimi11al justice system; boxes strategically placed tl1rougl1out the chapters high-
ligl1t case studies, in11ovative programs, and i1nporta11t court decisio11s. At Issue boxes
are centred on topics that are the subj ect of debate, a11d cl1allenge stude11ts to con-
sider various perspectives a11d to answer questio11s that will assist tl1e1n i11 formulating
their thougl1ts 011 tl1e topic. Research File boxes appear throughout the book, and sum-
marize the research literature on criminal justice policies and progran1s. And general
boxes (no title) provide stories generally in the 11ews or engaging for students, a11d delve
into a topic more dee1Jly.

FILE BOXES
In each cl1apter, tl1ere are a number of file boxes that are desig11ed to highligl1t important
events, research studies, a11d cases. Police File boxes appear in Part II; Court File boxes
are i11cluded in Part III; Legal File boxes are i11cluded in Parts II and III; Criminal Justice
Files appear in Part I; Corrections Files in Part IV; and Youth Justice Files in Part IV.

NOTABLE CHAPTER-SPECIFIC CHANGES

Chapter 1: Tl1is cl1apter l1as bee11 re-writte11 and exa1ni11es l1ow cri1nes are ''created,"
Canadian law, tl1e C anadian legal syste1n, and tl1e cri1ni11al law in a diverse society. A
11ew section i11 Chapter 1, "Thinking C ritically about tl1e Crimi11al Justice Systen1,"
provides stude11ts with suggestions 011 how to be a critical tl1i11ker and how to consider
the materials prese11ted in the text.
Chapter 2: This chapter i11troduces students to the purpose of the cri1ni11al justice
system, a11d tl1e role and respo11sibilities of gover11ments in tl1e ad1ninistratio11 of jus-
tice. Th e competing models of cri1ni11al administration are discussed, as are tl1e flow
of cases through tl1e systen1 and several of the features of the cri1ninal justice process.
Restorative justice is introduced, and it is 11oted that this alternative approach to justice
will be considered tl1rougl1out tl1e text, rather than l1aving its ow11 dedicated chapter as
in the previous edition.

NEL Preface xv
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Chapter 3: T his is a new cl1apter tl1at focuses 011 considerations i11 tl1e study of crin1inal
justice. It includes a discussion of the issues surrounding racism, discrimi11ation, and
i11equality, a11d the experiences of Indigenous and racialized perso11s and 1ne111bers of
visible/cultural/religious minority groups in Canada. T l1e cl1apter is desig11ed to provide
tl1e reader with exposure to tl1e lived experiences of persons who n1ay be subjected to
racisn1 and discrin1ination, whicl1, i11 turn, vvill co11tribute to an u11derstanding of issues
st1ch as racial profiling a11d biased policing and the overrepresentatio11 of Indigenous
1Jerso11s and Blacks in the crin1inal justice systen1. The issues of racisn1 and discrin1ina-
tio11 are key then1es i11 tl1e text.
Additio11al considerations in the study of criminal jt1stice are also presented i11 tl1is
cl1apter, again to IJrovide background context for the materials presented in subse-
quent chapters.
Chapter 13: T his is another new cl1apter i11 the text, and it exan1ines the youth justice
system. Many adults who co1ne into co11flict with the law first became involved in tl1e
youtl1 justice syste1n. T his fact compels an u11dersta11ding of the approach to youtl1 in
co11flict, the legislation a11d progra1ns designed to address tl1eir issues, a11d their expe-
riences in the youth justice system, botl1 t1nder supervision in the com1nu11ity and in
youtl1 correctio11al facilities.

INSTRUCTOR RESOURCES
T l1e Nelson Education Teaching Advantage (NETA) progra1n delivers researcl1-based
i11structor resources that promote stude11t e11gagen1ent and higl1er-order thinking to nera
engagement I assessment I success

e11able tl1e success of Canadian students and educators. Visit Nelso11 Education's NELSON EDUCATION TEACHING ADVANTAGE

Inspired Instruction website at www. nelson.com/inspired to fi11d ot1t more about NETA.
Tl1e following i11structor resources l1ave been created for Canadian Criminal Justice:
A Primer, Sixth Editio11. Access tl1ese ultin1ate tools for customizing lectures and prese11-
tatio11s at www. 11elson.com/instructor.

NETA TEST BANK

T l1is resource i11cludes 1nore tl1an 350 1nultiple-choice questions written accordi11g to
NETA guidelines for effective construction and development of high er-order ques- RAII-C,jrtle Assessment..
tio11s. Also included are 111ore tl1a11 250 true/false questions, 150 short-answer ques-
tio11s, and 140 essay questions.
Tl1e NETA Test Bank is available in a new, cloud-based platfor1n . Nelson Testing
Powered by Cognero® is a secure 011line testi11g system tl1at allows i11structors to author,
edit, a11d ma11age test bank content from anywhere l11ternet access is available. No spe-
cial installations or dow11loads are 11eeded, and tl1e desktop-inspired i11terface, with its
drop-dow11 1ne11us a11d familiar, intuitive tools, allows instructors to create and manage
tests with ease. Multiple test versions can be created in an instant, a11d co11tent can
be imported or exported i11to other systems. Tests can be delivered from a learning
manage1ne11t system, the classroom, or wherever a11 i11structor chooses. Nelso11 Testing
Powered by Cog11ero for Canadian Criminal Justice: A Primer, Sixth Edition, can be
accessed through www.nelson.com/i11structor.

NETA POWERPOINT
Microsoft® PowerPoi11t® lecture slides have bee11 created for every cl1apter. Tl1ere is an
average of 25 slides per cl1apter, n1any featuring key figures, tables, and photographs fron1
Canadian Criminal Justice: A Primer, Sixth Editio11. NETA principles of clear desig11 a11d
•
XVI Preface NEL
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 engaging content have been i11corporated tl1roughout, 1naking it si1nple for instructors to
customize the deck for their courses.

IMAGE LIBRARY
This resource consists of digital copies of figures, tables, a11d photographs used in the
book. I11structors n1ay use these jpegs to customize the NETA PowerPoint or create their
own PowerPoint presentations. An linage Library Key describes the i1nages a11d lists tl1e
codes under whicl1 tl1e jpegs are saved. C odes 11orn1ally reflect the cl1apter number
(e.g., COI for Chapter 1), tl1e figure or photo 11umber (e.g., F l 5 for Figure 15), a11d the
page in the textbook. For exa1nple, COI-F l 5-pg26 would correspond to Figure 1-15 011
page 26.

NETA INSTRUCTOR'S MANUAL

This resource is organized according to tl1e textbook chapters and addresses key edu-
cational co11cer11s, such as typical stu1nbling blocks student face and l1ow to address
them. Other features include common student misconceptio11s, i11-class activities,
011li11e activities, suggested answers to questions in the text, a11d li11ks to video clips witl1
questions for discussio11 or homework submission.

STUDENT ANCILLARIES
Nelson Education's Premium Companion Website for Canadian Criminal Justice:
A Primer brings course co11cepts to life with i11teractive learning a11d exa1n preparatio11
tools tl1at integrate with the printed textbook. Students activate their k11owledge using
engagi11g 011li11e resources. Visit www.nelson.com/student for access.

••
NEL Preface XVII
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 I I
Part Openers provide a concise introduction
for students and highlight key trends in the
criminal justice system that will be discussed
in the chapters following.
Perspective boxes provide first-hand
accounts that capture the dynamics of the
criminal justice system.
AT ISSUE 7.1
SHOULD THERE BE INDEPENDENT OVERSIGHT OF THE JUDICIARY?
Earlier in this book, it has been noted that the police are the
only criminal justice agency that is subjected to outside civilian
oversight. The legal profession, including the judiciary, is self-
regulated; that is, the only structures of accountabili ty exist within
the legal profession. Concerns have been raised about the ability
of provincial and territorial law societies to both represent and
regulate the profession and the effectiveness of the Canadian
Judicial CounciI as oversight bodies. a As well, ii is noted that most
complaints that are made to the Canadian Judicial Council are not
General boxes provide stories generally
in the news or engaging for students, and
delve into a topic more deeply.
...
XVIII
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
_earn1n
c::h.,...... ... ·~-r.-cr,.i,.....
cu,...,..s.A:aol._._.-dO.-·~
o,,.....,...,_,,~~ •<1-&•w-••
l\o...,oe.,-t..,.. .. - ~ l o , • · - _,..,__ __
....... .....,._.1111.. ~.-..-1,-. - hi_. ., ...
... ..,,_, •i.t.. .. ...ei,r,,-i ........._ .... ~ ..........
,.....,_.,....i1-, 11... - i . , ....... ...,,.........i ............
11.. .i,.....i: !n,,e.....,, ,I rn... , - ... 11.. ..,_ - ... -
........... -Cl"'....... .,11, N lb!. ..It""--""""'-, ..iu<11 """'
,,,._.........i.. tlf'.,,.• .,,. • .a• n• ._""-•ao,u,,c,,.e ""''
-,.....-
_...............
""'-"·· .......... - ........... ,,;pl,-~ ...·--
........
11- ...... _ ... •" ,...................... 11....111. . ....
,...,....,.,,,_.......
..._...... _ .......................~ .........o.111•• *-cl~
......................
..tw.1,,1,..._l ,...__ .... -If .,....t.i.. _,,.... , _ . - •
,_c...t..._ ........""'11t..,-d,..... -
. .••_.-...............
....i. .......
...._...................I("...
~
..... ,._,... ,.,.d,,., -.,.-,,,. " ................- . ....
~
...._ ........ - - - .... - _...._ """""" ' f o , c ~
.,.,,.,.,.. j ~ !., ,t~
Learning Objectives identify the purpose of the
materials that are presented and serve to orient the
reader to the chapter.
PERSPECTIVE
A Physician's Perspective on the Burdens and Ethics of Assisted Death
If you ask the public, what you 're really asking them is, "Do you want to have a right to access
these interventions if you come to the end of your life and you're suffering?" That's a very different
question than if you ask a medical professional, "Do you want to kill your patients? Or do you
want to assist in the death of your patients?" One is a right, the other is an obligation. Those are
intricately related. If someone in society has a right to something, it means someone else has an
not subject to the direction or control of the executive branch of
government.•c
At Issue boxes challenge students to
A review of the record indicates that few complaints ultimately consider the various perspectives of a topic
result in the removal of a judge from the bench. As well, since the
disciplinary procedure was established in 1971 , there have been and answer questions that will assist them in
very few public inquiries by the council into the behaviour of a federal
judge. Most complaints (which average less than 200 per year) are formulating their thoughts on the topic.
handled by the chairperson of the council and are not publicized but
kept between the complainant, the judge, and the CJC. It might be
BOX 1.1
THE FUNCTIONS OF THE CRIMINAL LAW
In Canadian society, the criminal law provides the following functions:
• acts as a mechanism of social control
• maintains order
• de@les the parameters of acceptable behaviour
• reduces the risk of personal retaliation (vigilantism, or people taking the law into their own hands)
NEL
 ...........
ACAP • IICIU PIIIIJl£AID CAIIIG
•l
• File boxes highlight important events,
• T "' ltllllN J fNllff • DT
... research studies, and cases. Police File
,-... ...
~
I.I. boxes appear in Part II; Court File boxes
...- • 1111 are included in Part Ill; Legal File boxes are
included in Parts II and Ill; Criminal Justice
Files appear in Part I; Corrections Files in
1
- NII Olt• CIII f IOill Ill Part IV; and Youth Justice Files in Part IV.
I IIIIOltliaa,-,
.. •1111 ••1111 µ . .,-1
I #....
; • ~-•,.C.••"
_ _ ..,.. .........
- ,.. -••'-•• I ...

RESEARCH FILE 13.1

A PROFILE OF INDIGENOUS YOUNG WOMEN IN CUSTODY

A study (N = 500) of youth in custody in British Columbia found that, among the Indigenous young
Research File boxes appear throughout the book, women
and summarize the research literature on criminal • 97 percent had left home early to live on their own, on the streets, or in foster care;
• 82 percent had been in foster care at some point;
justice policies and programs. • 80 percent reported childhood trauma, including physical abuse (80 percent), sexual abuse
(65 percent), and mental health issues in the family (30 percent);
• 80 percent had been introduced to hard drug use at an early age; and
• Compared to non-Indigenous young women in custody, had spent more time in their lives in custody.

SUMMARY
This chapter vvas designed to provide background context to the study of the Canadian
criminal justice system. Inequality, racism, prejudice, and discrimination ,vere intro- Summaries encourage students to reflect on
duced as features of Canadian society. These are often n1anifested in racial profiling what they have just learned.
and the racialization of groups and individuals. Won1en, Indigenous persons, Muslims,
and sexual n1inorities have lived experiences that affect their quality of life and may
place them at risk of being victin1ized or of con1ing into conflict with the law.
.

CRITICAL THINKING EXERCISE

Critical 'Thinking Exercise 3 .1
Critical Thinking Exercises and Class/ Indigenous Ex'Periences

Group Discussion Exercises at the end of The study of the involvement of Indigenous persons in the crirr1 inal justice system requires
an understanding of their historical and con ten1porary circu111stances. \.Vatch the fi ln1 We
the chapter further engage the student in \.\fill Be Free a t
- - - - CLASS/GROUP DISCUSSION EXERCISE
considering and discussing critical issues
C lass/Group Discussion 3.1
in the justice system. Many of the exercises The "Colonized Mind" of Indigenous Persons
focus on actual cases and events. Jana-Rae Yerxa is Anishinaabe fron1 Little Eagle and Couchicl1ing First Nation and belongs
to the Sturgeon c lan . She uses the concept of the "colonized mind" of Indigeno us persons
to explain th e experiences of Indigenous peoples and their perspectives and perceptions.

MEDIA LINKS
Media Links have been carefully selected to provide
"'v\larriors Against Violence," CBC News, July 6, 2015, http:!!1v\v1v.cbc.ca/ne1vs/indigcnous/
1varriors-against-violence-tries-to-heal-aboriginal-n1en-l. 31 36168 students with access to persons who are involved in some
'Who's Watching? 4,500 Outstanding Warrants for Alleged Probation and Conditional way with the criminal justice system, as well as to provide
Sentence Violations in Ontario," Global News, May 10, 2017. Follo1v the links in this
article for a several part n1edia series on probation in Ontario, http:!!globalne1vs.ca/ a more in-depth examination of issues that were raised in
ncivs/34 3031 3/4500-outstanding-ivarrants-for-allegcd-probation-a nd-condi tional
-sen tence-violations-in-ontario. the chapter.
"vVho's \,\latc hing? Ontario's Probation System 'a Joke,' Say Offenders" (Part 1), Global

•
NEL XIX
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
I would like to acknowledge tl1e 1nan)' people througl1out tl1e cri1ninal justice syste1n
wl10 l1ave co11tributed to tl1e ideas and i11for111atio11 that have been i11corporated into
this book. My love and tl1anks to 1ny life partner, Sandra S11ow, for her u11wavering
support and encouragement.
I would also like to thank the revie,vers of the previous edition of tl1e text for tl1eir
invaluable con1ments, criticisms, and suggestio11s:
Stephe11 Schneider, Saint Mary's University
Eva Wiln1ot, Can1osun College
Nathan lnnocente, University of Toronto at Mississauga
Cat Baron, Algo11quin College
Vicki Ryckn1a11, Loyalist College
As always, it has bee11 a pleasure to vvork with the professio11als at Nelson: Leanna
MacLean, Suzanne Simpso11 Millar, and Imoi11da Ro1n ain.

xx NEL
Copyright 2019 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content
may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 SEMI-ANNUAL UPDATES
T he dy11a1nic nature of the Canadian crimi11al justice system presents challe11ges in
ensuring that tl1e n1aterials in the text are accurate and up-to-date. T hrougl1out the
system, tl1ere are l1igl1-profile issues bei11g debated, court decisions that are impacting
every facet of the system, and a veritable explosion of crin1inal justice research. Witl1
editions of the text on a four-year publication cycle, the 111aterials ca11 become dated,
ofte11 by the time tl1e print dries on a new edition.
To address tl1is, updates for each of the chapters will be provided to course instructors
se1ni-a11nually- i11 the spring and fall of each cale11dar year. T he updates will include
sig11ificant legal cases and i1npactful court ruli11gs, new research findi11gs, and major
cha11ges i11 legislation, policy, and operatio11s of tl1e various compo11e11ts of the justice
system . New C ritical T hinking Exercises and C lass/Group Discussio11 Exercises will
also be provided to accompa11y the new materials.
T hese updates will be designed to provide instructors a11d stude11ts with curre11t 1nate-
rials that will enhance the study of the C anadian criminal justice system . T l1e first
update will be available in spri11g 2019.
As always, I encourage feedback 011 the book ge11erally and 011 any specific materials
in it, errors of fact, and omissions. Feel free to contact me at griffith@sfu .ca witl1 any
co1n1nents, questions, or suggestions for future editio11s of tl1e book.
Thanks.
Curt Taylor Griffiths, Ph.D.
Vancouver, British Columbia
April 20 18

•
NEL XXI
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may be suppressed from the eBook and/or eChapter(s). Nelson Education reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 Chapter 1: The Foundations of Criminal Justice
Chapter 2: Understanding the Criminal Justice System
Chapter 3: Considerations in the Study of Criminal Justice

• A 10-year-old girl disappeared while walki11g home from a friend's house in

Toronto in 2013. Her body parts were later found in bags floating i11 Lake
Ontario. Police canvassed about 300 homes in her neighbourl1ood a11d asked
me11 to provide DNA. 011e man who refused was arrested and subseque11tly
co11victed. He later pleaded guilty to first-degree n1urder. At Issue: To what
extent, if any, should the police be allowed to conduct a "DNA sweep" (or
"blooding") in order to attempt to solve a crime? (see Chapter 5).
• In 2012, N.S., a Muslim wo1nan living in 011tario, wanted to wear her
11iqab (full face veil revealing only tl1e eyes) while testifying in a preliminary
hearing involvi11g charges against her uncle and cousin for sexual assault.
At issue: Should a Muslim won1a11 who wears a niqab be per1nitted by the
judge to testify in court against her alleged perpetrator? (see Chapter 8).
• I11 April 2013, a 16-year-old boy sl1ot his 15-year-old cousin with a
hu11ting rifle at a playgrou11d, paralyzing l1im. Both boys were African
Nova Scotians. T he boy was subseque11tly found guilty of attempted
1nurder. At Issue: Sl1ould cultural assessme11ts play a role i11 tl1e
sentenci11g of young offenders? (see Cl1apter 13).
These cases all occurred in the past few years a11d provide a snapshot of
the dyna1nic nature of the cri1ninal justice syste1n and the con1plex issues
that surround its operatio11. The tl1ree cl1apters in this part are desig11ed to
set the fra1n ework for the study of tl1e Canadian criminal justice syste1n.
Cl1apter 1 sets out the foundatio11 of tl1e legal syste1n and discusses tl1e origins
a11d applicatio11 of tl1e criminal law. It is 11oted that who and wl1at are defined
as cri1ni11al is ever-cl1angi11g and tl1at, in a democratic society, tensions
often exist between the crimi11al law a11d the rights of individuals. C hapter 2
provides infor1nation to understand tl1e criminal justice system, including its
purpose, the competi11g 1nodels of criminal justice ad111inistratio11, the fl ow of
cases tl1rougl1 tl1e system, and a discussio11 of the effective11ess of the syste1n.
Tl1e 1naterials in Cl1apter 3 are presented to provide a backdrop for the study
of Canadian criminal justice. There is a discussion of i11equality, racis1n and dis-
crimi11ation, and the lived experiences of Indigenous peoples, racialized groups,
and persons in visible/cultural/religious mi11orities. A nt11nber of additio11al
issues that surrou11d tl1e crimi11al justice system are also identified a11d discussed.
3
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ucation reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Another random document with
no related content on Scribd:
associate had behaved decently, you might have been asked to visit
us.’
“‘Yes,’ announced the big grey; ‘Miss Fairley has asked the bully
who rides me and myself to spend a few days with you next week. I
suppose they’ll settle it then.’
“But the officer and horse who commanded the battery which held
the Weldon railroad weren’t going to be beaten as easily as that, you
may be sure! When I took my rider back to the stable that afternoon,
I heard him say to the orderly: ‘Jackson, I’m going north next week,
and shall want Reveille to start before me. I’m in too much pain to
give you your orders now, but come round to-morrow morning and
get your instructions.’
“Yantic was nothing but a little village clustered about a great
woollen-mill, without any stable or hotel to live in, so we had to put
up at Norwich, a place seven miles away; and it was a case of put up,
I tell you, in both food and attendance! For a decently brought up
horse to come down to a hotel livery-stable is a trial I never want to
go through again. In the field I never minded what came, but I do
hate musty corn and damp bedding.
“You girls would have laughed to see the roan filly’s face the first
time we met on the road.
“‘Horse alive!’ she cried, without so much as a greeting, ‘you don’t
mean to say you have hopes? Why, Mr. Solitaire and that horrid Mr.
Lewis arrive to-day, and the thing’s probably as good as decided.’
“‘My Major is very resolute,’ said I.
“‘So is a mule,’ snapped Miss Gaiety, ‘but we don’t think the more
of him for that.’”
The polo pony gave a horse laugh as he said, “That was one on
you.”
“It was,” acknowledged Reveille; “and I regret to say it made me
lose my temper to such an extent that I retorted, ‘I can’t say much for
the taste of your woman!’
“‘No,’ assented the filly; ‘if what you and Mr. Solitaire say is true,
she’s taking the worse of the two. But then, a human can’t help it. If
you covered a horse all over with clothes, do you think any one would
know much about him? Moreover, two-thirds of what men do or say
is said or done only to fool a woman. How can a girl help making
mistakes, when she’s got nothing to go by but talk? Why, look at it.
Your Major seems balky most of the time, won’t talk half of it, and
when he does, says the things he shouldn’t; while Mr. Lewis is always
affable, talks well, and pays indirect compliments better than any
man I ever met.’
“‘If she could only be told!’ I groaned.
“‘She would be, if I could talk,’ sighed the mare. ‘I’d let her know
how he treats his horses!’
“‘Miss Gaiety,’ I ejaculated, ‘I’ve got an idea.’
“‘What?’ she demanded.
“‘Wait a bit till I’ve had time to think it out,’ said I. ‘Gettysburg
wasn’t fought in five minutes.’
“‘Gettysburg was a big thing,’ she answered.
“‘So’s my idea,’ I told her.
In the meantime my Major was explaining to Miss Fairley that the
government had sent him to New London to inspect the ordnance at
Forts Trumbull and Griswold, and that he found it pleasanter to stay
in Norwich, and run down by train to New London for his work.
That’s the way humans lie when it doesn’t deceive any one and it isn’t
expected that it will. Of course Miss Fairley knew what brought him
North, and why he preferred Norwich to New London! One thing he
did do, though, which was pretty good. He apologised to her for
having said what he did before their first ride, told her that his
wound had been troubling him so that at times he scarcely knew
what he was saying, and declared he’d been sorry ever since. He was
humble! The Eleventh Battery of Light Artillery would never have
known him.
‘There,’ sniffed Miss Gaiety; ‘if the idiot had only talked in that
vein ten days ago, he might have done something. Oh, you men, you
men!’
“At least he won a small favour; for when he asked leave, at
parting, to be her companion the next day in a ride, she told him he
might join her and Mr. Lewis, if he wished. But the permission
wasn’t given with the best of grace, and she didn’t ask him to
luncheon before the start.
 “I thought out my idea over night, and put it in shape to tell. My
Major took me to the Fairleys’ a little early, and so went in, leaving
me alone. In a minute, however, a groom brought the filly and the
grey round to the door, and with them came Sagitta, the Russian
wolf-hound, whom, it seems, Mr. Lewis had brought from Europe,
and had just presented to Miss Fairley.
“After the barest greetings, I unfolded my scheme. ‘I don’t know,’
said I, ‘what Mr. Sagitta thinks, but we three are a spike-team in
agreeing that Mr. Lewis is a brute.’
“‘I bow-wow to that,’ assented the dog. ‘He kicked me twice,
coming up yesterday, because I was afraid to go up the steps of the
baggage-car.’
‘So far as we can see he is going to win Miss Fairley,’ I continued.
‘As Miss Gaiety says she’s a dear, I think we ought to prevent it.’
“‘Very pretty,’ says the grey; ‘but, may I ask, who is to interfere and
put the hobbles on him?’
“‘We are to tell her he’s cruel.’
“‘She won’t understand us, if we tell her till doomsday. These
humans are so stupid!’ growled Sagitta.
“‘That’s where my idea comes in,’ I bragged—a little airily, it is to
be feared. ‘We can’t, of course, tell it to her in words, but we can act
it.’
“‘Eh?’ exclaimed the filly, with a sudden look of intelligence.
“‘Not possible,’ snorted the big grey.
“‘I see,’ cried the mare, her woman’s wits grasping the whole thing
in a flash, and in her delight she kicked up her hind legs in the most
graceful manner.
“‘Heyday!’ exclaimed the grey, using our favourite expletive.
“It didn’t take me long to explain to him and Sagitta, and they
entered into the scheme eagerly. We were so hot to begin on it that
we pawed the road all into holes in our impatience.
“Presently out came the three, and then the fun began. Mr. Lewis
stepped forward to mount Felicia, and at once Miss Gaiety backed
away, snorting. Then the groom left us, and tried to hold her; but not
a bit of it; every time Mr. Lewis tried to approach she’d get wild.
 “Finally my Major joined in by walking over to help, and the mare
at once put her head round and rubbed it against him, and stood as
quiet as a mouse. So he says: ‘I’ve only my left arm, Miss Fairley, but
I think we can manage it;’ and the next moment she was in the
saddle.
“Lewis was pretty angry-looking as he went toward his own horse;
and when he, too, began to back and snort and shiver, he didn’t look
any better, you may be sure of that. You ought to have seen it! The
brute caught him by the bridle, and then the grey kept backing away
or dodging from him. Out on the lawn they went, cutting it up badly,
then into Miss Fairley’s pet bed of roses, then smashing into the
shrubberies. I never saw better acting. Any one would have sworn the
horse was half dead with fright.
“It didn’t take very much of this to make Lewis lose all self control.
“‘You cursed mule!’ he raved, his face white with passion; ‘if I had
a decent whip, I’d cut the heart out of you!’ And suiting the action to
the thought he struck the grey between the eyes with his crop a
succession of violent blows, until, in his fury, he broke the stick. Then
he clenched his fist and struck Solitaire on the nose, and would have
done so a second time if Miss Fairley hadn’t spoken.
“‘Stop!’ she called hotly, and Lewis dropped his fist like a flash.
Felicia was breathing very fast and her cheeks were white, while her
hands trembled almost as much as Solitaire had. Her face wore a
queer look as she continued: ‘I—excuse me, Mr. Lewis, but I couldn’t
bear to see you strike him. He—I don’t think he—something has
frightened him. Please give him just a moment.’ Then she turned to
my dear, saying, ‘Perhaps you can calm him, Major Moran?’
“I should think he could! Talk of lambs! Well, that was Solitaire
when my Major went up to him. He let himself be led out of the
flower-bed back to the road as quiet as a kitten. The moment Lewis
tried to come near him, however, back away he would, even from my
confrère. The groom tried to help; but it takes more than three
humans to control a horse who doesn’t want to be controlled.
“After repeated attempts they got tired of trying; and then Mr.
Lewis suggested, with a laugh that didn’t sound nice: ‘Well, Major,
we mustn’t cheat Miss Fairley of her afternoon; and since you seem
able to manage my beast, perhaps you’ll ride him, and let me take
yours?’
“Usually I should have been very much pained at my comrade’s
nodding his head, but this time it was exactly what I wanted. Whoop!
Ride me? Neigh, neigh! If you ever saw a coward in an ague of a blue
funk, that is what I was. I blessed my stars none of the Eleventh
Battery were round! Lewis tried; but, do his best, I wouldn’t let him
back me. When my Major interfered, I sidled up to my dear just as if
I couldn’t keep away from him; but when he attempted to hold me
for Lewis to mount, I went round in a circle, always keeping him
between me and the brute. It was oats to me, you’d better believe, to
see the puzzled, worried look on Miss Fairley’s face as she watched
the whole thing.
“Well, they discussed what they called ‘the mystery,’ and finally
agreed that they couldn’t ride that afternoon, so we horses were sent
down to the stable, and the three went back to the verandah. Sagitta
told me afterward what happened there.
‘Come here, pup,’ calls Lewis to him, the moment they were seated.
“Sagitta backed away two steps, bristling up, and growling a bit.
“‘Come here, you brute!’ ordered Lewis hotly, rising.
“Sagitta crouched a little, drew his lips away from his fangs, and
pitched his growl ‘way down in his throat.
“‘Look out! That dog means mischief,’ cried my Major.
“‘Are the animals possessed?’ roared Lewis, his voice as angry as
Sagitta’s snarl, yet stepping backwards, for it looked as if the dog
were about to spring.
“But my Major didn’t retreat—not he! He sprang between the wolf-
hound and Miss Fairley. ‘Down, sir!’ he ordered sharply; and Sagitta
dropped his lips and his bristles, and came right up to him, wagging
his tail, and trying to lick his hand.
“‘Isn’t it extraordinary?’ cried Miss Fairley, with a crease in her
forehead. ‘Here, Sagitta!’
“‘Miss Fairley, be careful!’ pleaded my Major; but there wasn’t the
slightest necessity. Sagitta was by her side like a flash, and was
telling her how he loved her, in every way that dog could. And there
he stayed till Lewis came forward, when he backed away again,
snarling.
“Now, in all their Washington intercourse my Major had been the
surly one; but in the interval he had evidently had time to realise his
mistake, and to see that he must correct it. Probably, too, he wasn’t
depressed by what had just taken place. Anyway, that afternoon he
was as pleasant and jolly as he knew how to be. But Mr. Lewis! Well,
I acknowledge he’d had enough to make any man mad, and that was
what he was. Cross, sulky, blurting out disagreeable things in a
disagreeable voice, with a disagreeable face: he did make an
exhibition of himself, so Sagitta said.
“After as long a stay as was proper, my Major told them he must
go, and I was brought round. Miss Fairley came to the stoop with
him, and didn’t I prick up my ears when I heard her say:
“‘Since you were defrauded of your ride to-day, Major Moran,
perhaps you will lunch here to-morrow, and afterward we will see if
we can’t be more successful?’
“The next day our interference was done a little differently. When
we were brought round to the door, there was Mr. Lewis with a pair
of cruelly big rowelled spurs on his boots, a brutal Mexican quirt in
his hand, and a look on his face to match the two. Of course the grey
gave him a lot of trouble in mounting, but we had already planned a
different policy; and so, after enough snorting and trembling to make
Felicia look thoughtful, he finally was allowed to get on Mr.
Solitaire’s back.
“Much good it did him! The filly and I paired off just as if we were
having a bridle trip in double harness; but do his best, Mr. Lewis
could not keep the grey abreast of us. Twenty feet in front, or thirty
feet behind, that was where he was during the whole ride, and Lewis
fought one long battle trying to make it otherwise. He had had the
reins buckled to the lower bar of the curb, so it must have been pretty
bad for the grey, but there was no flinching about him.
“Every now and then I could hear the blows of the quirt behind
me; and when, occasionally, the grey passed us, I could see his sides
gored and bleeding where they had been torn by the spurs, and
bloody foam was all round his jaw, and flecked his chest and flanks.
But he knew what he meant to do, and he did it without any heed to
his own suffering. There was joy when the filly told us that every time
the swish of the quirt was heard she could feel her rider shiver a
little; and Felicia must have been distressed at the look of the horse,
for she cut the ride short by suggesting a return home.
“Sagitta informed us afterward that if Mr. Lewis had been bad the
day before, he was the devil that afternoon on the verandah, and
Miss Fairley treated him like one. What is more, she vetoed a ride for
the next day by saying that she thought it was getting too cold to be
pleasant. When we had ridden away, Solitaire later told me, she
excused herself to Mr. Lewis, and went to the stable and fed the grey
with sugar, patting him, and telling the groom to put something on
the spur-gashes.
“We horses didn’t hear anything more for three days, at the end of
which time my pal and I rode over one morning, and reminded Miss
Fairley that she had promised to show us where we should find some
fringed gentians; and though it was the coldest day of the autumn,
Felicia didn’t object, but ordered Miss Gaiety saddled, and away we
went.
“We really had a very good time getting those gentians! Nothing
was ever done with the flowers, however, owing to circumstances
which constitute the most painful part of my confession. For a horse
and an officer, I had been pretty tricky already, but that was nothing
to the fraud I tried to perpetrate that morning. After our riders had
mounted for the return to Yantic, I suggested to Miss Gaiety what I
thought would be a winning race for my Major, which was neither
more nor less than that she should run away, and let him save Miss
Fairley. The roan came right into the scheme, and we arranged just
how it was to be managed. She was to bolt, and I was to catch her;
but since my Major had only his left arm, as soon as she felt his hand
on the rein she was to quiet down; and I have no doubt but it would
have been a preeminently successful coup if it had been run to the
finish.
“What actually happened was that the mare bolted at a rabbit
which very opportunely came across the road, and away she went
like a shell from a mortar. I didn’t even wait for orders, but sprang
after her at a pace that would have settled it before many minutes.
Just as I had got my gait, however, my poor dear gave a groan, reeled
in his saddle, and before I could check myself he pitched from my
back to the ground. I could not stop my momentum under thirty feet,
but I was back at his side in a moment, sniffing at him, and turning
him over with my nose, for his wounded arm was twisted under him,
and his face was as white as paper. That was the worst moment of my
life, for I thought I’d killed him. I put my head up in the air, and
didn’t I whinny and neigh!
“The filly, finding that something wrong had happened, concluded
to postpone the runaway, and came back to where I was standing.
Miss Fairley was off her like a flash, and, kneeling beside my
treasure, tried to do what she could for him, though that really wasn’t
anything. Just then, by good luck, along came a farmer in an oxcart.
They lifted my poor dear into it, and a pretty gloomy procession took
up its walk for Yantic.
“When we arrived at the Fairleys’ house, there was a to-do, as you
may imagine. He was carried upstairs, while I went for the doctor,
taking a groom with me, because humans are so stupid that they only
understand each other. I taught that groom a thing or two about
what a horse can do in the way of speed that I don’t believe he has
ever forgotten.”
“Did you do better than 1.35½?” inquired the Kentuckian; but
Reveille paid no heed to the question.
“After that sprint I had about the dullest month of my life,
standing doing nothing in the Fairleys’ stable, while nearly dying of
anxiety and regret. The only thing of the slightest interest in all that
time occurred the day after our attempted runaway, when Mr. Lewis
came down to the stable, and gave orders about having the big grey
sent after him. He wasn’t a bit in a sweet temper—that I could see;
and though I overheard one of the grooms say that he was to come
back later, as soon as the nurse and doctors were out of the house,
the big grey thought otherwise, and predicted that we should never
see each other again. Our parting was truly touching, and put tears in
the filly’s eyes.
“‘Friends,’ said Solitaire, ‘I don’t think he will ever forgive me, and
I suppose I am in for a lot of brutality from him; but I am not sorry.
If you ever give me another thought please say to yourself: “He did
his best to save a woman from having her life made one long night-
mare by a cruel master.”’
 “Nothing much happened in the weeks my Major was housed, with
the exception of one development that had for me an extremely
informing and delightful quality. One day, about a month after our
cropper, Felicia came down to the stable, and without so much as a
look or a word for Miss Gaiety, came straight into my stall, flung her
arms about my neck, and laid her soft cheek caressingly against it,
for some moments. Then she kissed me on the nose very tenderly,
and offered me what I thought were some little white stones. I had
never tasted sugar before, and nothing but her repeated tempting
and urging persuaded me to keep the lumps in my mouth long
enough to get the taste on my tongue. (I have to confess that since
then I have developed a strong liking for all forms of sweetmeats.)
What is more, she came down every day after that, and sometimes
twice a day, to caress and feed me. There was no doubt about it, that
for some reason she had become extraordinarily fond of me!
“It is awfully hard in this world to know what will turn out the best
thing. As a matter of fact, the tumble off my back was about the
luckiest accident that ever befell my Major; for it broke open the old
wound, and as the local doctors did not have six hundred other
injured men under them, they could give it proper attention, which
the hospital surgeons had never been able to do. One of them
extracted all the pieces of bone, set the arm, and then put it in a
plaster jacket, which ought to have healed it in good shape very
quickly. But for some reason it didn’t. In fact, I became very much
alarmed over the length of my Major’s convalescence, till one day I
overheard one of the stablemen say:
“‘Lor’! He won’t get well no too fast, with Miss Felicia to fluff his
pillers, an’ run his erran’s, an’ play to him, an’ read aloud to him, an’
him got nothin’ to do but just lay back easy an’ look at her.’
“Then I realised that it would be some time before he would feel
strong enough to go back to his ordnance inspecting.
“Finally, one afternoon, the filly and I were saddled and brought
round to the front door, and there were Miss Fairley and my Major,
both looking as well and happy as their best friend would want to see
them. It was a nice day, and away we went over the New England
hills.
“There wasn’t much surliness or coolness on that ride, and what
they didn’t talk about is hardly worth mentioning. After they had
fairly cantered, conversationally, for over three hours, however, they
slowed down, and finally only Felicia tried to talk, and she did it so
jerkily and confusedly, with such a deal of stumbling and
stammering, that presently, try her best, she had to come to a halt,
too. Then there was a most awkward silence, until suddenly my
Major burst out, more as if the sentence were shot from a gun than
as if he were speaking it:
“‘Oh, Felicia, if you could only—’
“That seemed to me too indefinite a wish to answer easily, and
apparently Miss Fairley thought the same, for another silence ensued
which was embarrassing even to me. So far as I could make out, my
Major could not speak, and Miss Fairley would not. I was as anxious
as he was to know what she would say, and in my suspense I
suddenly conceived an idea that was little short of inspiration,
though I say it who ought not. I asked the roan filly:
“‘Is your Felicia resting her weight on the side toward my Major, or
on the side away from him?’
“‘She has a very bad seat in her saddle,’ the mare told me, ‘and she
is resting all her weight on the side next you.’
“‘Then, Miss Gaiety,’ I suggested, ‘I think they will like it if we
snuggle.’
“‘Well, just for this once I will,’ replied the filly, shyly.”
Reveille turned in his stall, and, walking over to his manger, picked
up a wisp of hay. But the action was greeted by an outburst from the
ladies.
“Oh, you are not going to stop there, dear Mr. Reveille!” they
chorused.
“I always did hate a quitter on the home stretch,” chimed in the
discontented cob, pleased to have a grievance.
The narrator shook his head.
“No gentleman,” he asserted, “who overheard what followed would
ever tell of it; and a horse has an even higher standard of honour.”
“Ah, darling Mr. Reveille,” pleaded the feminine part of his
audience, “just a little more!”
“I hate to seem mulish,” responded the horse, “and so I will add
one small incident that is too good not to be repeated. When we rode
up to the house that evening, shamefully late for dinner, my Major
lifted Miss Fairley off Miss Gaiety in a way that suggested that she
might be very breakable, and, after something I don’t choose to tell
you about, he said:
“‘I wonder if we shall ever have another such ride!’
“‘It doesn’t seem possible, Stanley,’ whispered my Felicia, very
softly. ‘You know, even the horses seemed to understand!’”
Just as Reveille finished thus, a human voice was heard, saying:
“You will have the veterinary see the cob at once, and let me know
if it is a case which requires more than blistering.”
Then came a second and very treble voice. “Papa,” it begged, “will
oo lif’ me up on ol’ Weveille’s back?” And the next moment a child of
three was sitting astride the old warrior and clinging to his mane.
“Well, you old scoundrel,” said the human, “do you know you are
getting outrageously fat?”
“Weveille isn’t not any scoundwel,” denied the child, earnestly.
“Mama says Weveille is a’ ol’ darlin’.”
“Your mama, fortunately for Reveille and me, always had a soft
spot for idiots,” explained the man, stroking the horse’s nose
affectionately. “But I will say this for the old fellow: if most folly
resulted as well as his, there would be a big premium on fools.”
Reveille winked his off eye at the other steeds.
“Aren’t these humans comical?” he laughed.
 A WARNING TO LOVERS

Before some blazing logs, which fill a deep fireplace with warmth
that overflows to just the right extent into the room, stands, slightly
skewed, a sofa. The sofa is a comfortable one. It is short, deep, and
low; and the arms have a suggestion of longing to be filled that is
truly seductive. In addition, two down cushions imply that the sofa is
quite prepared to fit itself to any figure, be it long, short, broad, or
narrow. Altogether, it is a most satisfactory sofa.
But the satisfactoriness does not end here. Seated at one end of
that sofa is a girl, clearly in that neither grass nor hay period, which
begins at sixteen and ends at eighteen. Not that it is intended to
suggest that because the girl is neither hay nor grass she is
unattractive. Quite the reverse. New-mown hay is the sweetest, and
the girl, if neither child nor woman, is, in her way, just as sweet.
In algebra, when a, b, and c are computed, it is possible to find the
unknown quantity x. Applying an algebraic formula to the above, we
at once deduce what is necessary to complete the factors. It may be
stated thus: a, a sofa, plus b, a charming girl; and as a, a sofa, must
be divided by two, we find the unknown quantity to be x, a man, and
the product of our a, b, and x to equal xxx, or triple bliss. Nor is this
wrong. The sofa does not do more than seat two people comfortably,
yet at the present moment there are little spaces at both ends.
Concerning the other details of this a ÷ 2 + b + x − 0 (i. e. Mrs.
Grundy), it seems needless to enlarge.
“And isn’t it wonderful, Freddy, that you should love me and I
should love you?” cooed the girl.
“Just out of sight,” replied Freddy.
 Most people would agree with the above remarks, though the
circumstance of a man and woman occasionally loving each other is a
phenomenon recognised, if not approved, by science. But though
these two did not know it, there was a wonder here. Freddy has been
spoken of in the masculine gender, because, as Shakespeare wrote:
“The Lord made him, therefore let him pass for a man.” Otherwise
his manliness was open to debate. Lovable the girl unquestionably
was, or at least very fast verging upon it, but it passeth human
intelligence how Freddy could inspire any sort of feeling except an
intense longing for a gun loaded with goose-shot.
“And that we should have loved each other for so long, and never
either of us dreamed that we cared one little bit for each other,”
continued the girl.
Freddy did not assent to this sentiment as readily as to the former.
Freddy had been quite sure that Frances had been pining for his love
in secret for some months. So he only remarked: “We got there all
the same.”
“Yes,” assented Frances. “And we’ll love each other always, now.”
“But I say,” inquired Freddy, “what do you think your father and
mother will say?”
“Why, they’ll be delighted,” cried the girl. “It couldn’t be better.
Cousins,—and just the same age—and, and— Oh, lots of other
reasons, I’m sure, but I can’t think of them now.”
“Let’s tell them together,” suggested Freddy, courageously.
“Freddy! Of course not. That isn’t the right way. No, you must
request an interview with papa in his library, and plead eloquently
with him.”
“I suppose I must,” answered Freddy, with a noticeable limpness
in his voice and vertebræ.
“Wouldn’t it be fun if he should refuse his consent!” exclaimed the
girl.
Freddy did not recognise the comical quality. “I don’t see it,” he
moaned.
“Why, it would be so romantic! He would of course order you to
leave the house, and never, never darken his doors again. That’s what
the father always does.”
 “You think that’s fun?”
“Such fun! Then, of course, we should have to arrange for romantic
meetings, and secret interviews, and you would write little letters
and put them in a prayer-book in our pew; and watch to get a
glimpse of me as I go in and out of places; and stand on the opposite
side of the street each night, till you saw the light in my room put
out. Oh! What fun it will be!”
“It might be raining,” complained Freddy.
“All the better. That would prove your devotion. Don’t you love me
enough to do that?”
“Yes,” said Freddy, meekly, “but I hate getting wet. Sometimes one
catches a nasty cold.”
“Any one who tells a girl he loves her with a fervour and passion
never yet equalled by man should not think of such things,” asserted
Frances, disapprovingly.
Freddy had an idea that a girl who reciprocated such a passion
should not seem so happy over the prospect of her lover undergoing
the exposure, but the youth did not know how to express it. So he
proposed: “Let’s keep it a secret for the present.”
“Let’s,” assented Frances. “We won’t tell any one for a long time,
but just have it all to ourselves. And when I am riding in the morning
you must join me; the groom will think it’s all right. And whenever
papa and mama are to be out in the evening, I’ll put a lamp in my
window, and—”
Ting!
It seemed as if some of the electric current which made that
distant muffled ring had switched and passed through the happy
pair. Both started guiltily, and then both listened with the greatest
intentness; so intensely, that after a moment’s pause they could hear
the soft gliding sound of the footman’s list slippers as they travelled
down the hallway; could hear the click of the lock as he opened the
front door; could hear the murmur of voices; could hear the door
closed. Then, after a moment’s silence, a voice, for the first time
articulate to them, said: “I’ll wait in the morning room.”
“Freddy,” gasped the girl, “it’s that horrid Mr. Potter. Quick!”
 Both had arisen from the sofa, and Freddy looked about in a very
badly perplexed condition. He was quite willing, but about what was
he to be quick?
“Sit down in that chair,” whispered the girl, pointing to one at a
more than proper distance, and Freddy sprinted for it, and sat down.
The girl resumed her seat on the little sofa, and putting her hands in
a demure position, rather contradictory to her quick breathing and
flushed cheeks, began: “As you were saying, the De Reszke brothers
were the only redeeming— Oh! Good evening, Mr. Potter.”
“Good evening, Frances,” responded a tall, rather slender, strong-
featured man, attired in evening dress, who had leisurely strolled
into the room, and who did not offer to go through the form of
shaking hands. “Talking to the fire?”
“No. Freddy and I were chatting about the opera.”
Mr. Potter put on his glasses and languidly surveyed the region of
the fireplace. Then he turned and extended his investigation, till his
eyes settled on Freddy, stuck away in the dim distance.
“Oh, are you there, youngster?” he remarked, in a tone of voice
implying that the question carried no interest with it. He looked at
his watch. “Isn’t it rather late for you two?”
“It’s only quarter past ten,” answered Frances, bristling
indignantly. “And if it were twelve it wouldn’t make any difference.”
To herself she said, “How I hate that man! Just because he’s thirty-
four, he always treats us as if we were children; and the way he
tramples on poor, dear Freddy is outrageous!”
“You don’t seem to be very sociably inclined,” said Mr. Potter.
“From the distance between you I should think you two chicks had
been quarrelling. Come, make it up.”
“Not at all,” cried Frances, indignantly. “I never lose my temper;
except when you are here.”
“Is that the reason you haven’t asked me to sit down?” asked
Potter, smiling.
“Of course you are to sit down, if you want,” exclaimed Frances.
“Here.” And she moved the four inches towards her end of the sofa
that had not been occupied under the previous arrangement.
 Mr. Potter seated himself leisurely in Freddy’s old place, and
arranged one of the cushions to fit the small of his back. “I came to
say good-bye to your mother,” he explained, “and as I’m too busy to
stop in to-morrow, I decided to wait. You youngsters needn’t think it
necessary to sit up to entertain me. Won’t Freddy’s mother be
sending his nurse for him if he stays much later?”
“I’m so glad you are going to Europe,” remarked Frances. “I hope
you’ll stay a long while.”
Mr. Potter put his glasses on again and looked at Frances calmly.
“Hello!” he said mentally, “the kitten’s learning how to hiss.” Aloud
he announced: “I shall only be gone for a month or two,—just the
voyage and a change.”
“What a pity!” responded Frances, bitingly.
“I thought you’d miss me,” replied Mr. Potter, genially.
Frances gave an uneasy movement on the sofa, a cross between an
angry shake of the shoulders and a bounce.
“Where are you going?” questioned Freddy at this point, feeling
that as a grown man he must bear his part of the chat.
“Look here, littleun,” said Mr. Potter, “if you expect me to talk to
you back there, you—” At this point he suddenly ceased speaking, as
if something more interesting than his unfinished remark had
occurred to him.
“Freddy found it too warm by the fire,” explained Frances hastily,
guilty at heart, if to outward appearance brazen. But Mr. Potter did
not hear what she said, and sat looking into the fire with a suddenly
serious look, which nevertheless had a laugh not very far underneath.
After quite a pause, Frances said: “How entertaining you are!”
“Yes,” assented Mr. Potter, coming back from his thoughts; “I
always enjoy myself, and I find that other people do the same.” Then
he again relapsed into meditation.
“Isn’t he just as horrid as can be?” raged Frances, inwardly. “He
believes just because some women think him clever, and because
men like him, and because he’s a good business man, and because
mama’s always praising him to his face, as she would any one who
was papa’s partner, that he is perfect. And no matter how you try to
snub him, he is so conceited that he won’t see it. Horrid old thing!”
Aloud she asked, “What are you thinking about?”
Mr. Potter laughed. “That’s a great secret,” he asserted.
⁂
An hour later, Mr. Potter was seated in a library, smoking, with a
glass of seltzer—and something else—at his elbow. Opposite to him
sat a man of perhaps twice his years, equally equipped with a cigar
and seltzer—and something else.
“Well,” remarked the senior, “I think if we can get the whole issue
at 82½ and place them at 87 and accrued interest, we had better do
it.”
“That’s settled then,” agreed Mr. Potter. “Now, is there anything
else? I don’t want to have cablegrams following me, since I’m going
for a rest.”
“No,” replied the other. “I know I shall want my partner’s advice
often enough, but I’ll get on without you. Take a rest. You can afford
it. There’s nothing else.”
“Then if you are through with business, I want to speak to you of
Frances,” said Mr. Potter.
Mr. De Witt turned and looked at Mr. Potter quickly. “What
about?”
“Do you know that that girl’s grown up, and we none of us have
realised it?”
“Well?”
“And do you know that she has seen next to no people,—that her
morning ride, her studies, and her afternoon drive with her mother
are the only events of her day?”
“Well?”
“And that her summers, off in that solitary country house of yours,
with never a bit of company but Freddy De Witt and myself, are
horribly dull and monotonous?”
“Well?”
“And that to kill time she reads a great many more novels than is
good for any one?”
 “Come, come, Champney, what are you driving at?”
“One more question. Mrs. De Witt and you are dining out almost
nightly. What do you suppose Frances does evenings?”
“Does? Plays a bit, and reads a bit, and goes to bed like a good
child.”
“But I tell you she isn’t a child any longer, so you can’t expect her
to behave like one. It dawned upon me this evening, and the quicker
it dawns upon you the better.”
“Why?”
“Do you want her to make a fool of herself over Freddy?”
“Freddy!”
“Yes, Freddy.”
“Ridiculous! Impossible!”
“Because they are a long way towards it, and if you want to end it,
you’ll have to use drastic measures.”
“Her own cousin, and only eighteen! I never heard of such folly.”
“But I tell you those two think they are in love with each other, and
if you don’t do something, they’ll really become so before long.
Thinking a thing is two-thirds of the way to doing it, as is shown by
the mind cure.”
“I’ll put an end to it at once,” growled Mr. De Witt. “Never heard of
such nonsense.”
“And how will you end it?” inquired Mr. Potter, smiling a little.
“End it? Tell them to stop their foolishness. Send him about his
business.”
“I thought that would probably be your way. Don’t you think it
would be better to get an injunction from the courts?”
“What good would an injunction do?” asked Mr. De Witt, crossly.
“Just as much good as your method. You can no more stop boys’
and girls’ love by calling it foolishness than the courts can. If you do
as you propose, you’ll probably have a runaway match, or some other
awful bit of folly.”
“Well, what can I do?”
 “The best thing is to pack your trunks and travel a bit. That will
give her something else to think about, and she’ll forget all about the
little chap.”
“But I can’t leave the business.”
“The business will run itself. Or, if it won’t, what’s a year’s profits
compared to your only daughter’s life happiness?”
“But the bonds?”
“Don’t bid on them.”
“I can’t go. I can’t leave my business. Why, I haven’t been away
from it for more than a week in forty years.”
“All the more reason for going now.”
“I have it. Her mother and she shall sail with you.”
“Oh, get out!” ejaculated Champney, “I’m going for a rest.” Mr.
Potter had been the slave for many years of two selfish sisters and a
whining mother,—a mother who loved to whine,—and womankind
meant to him an absolute and entire nuisance.
“That’s it,” said the senior partner, regardless of this protest. “You
arrange to stay for six months instead of two. I’ll do your work
gladly.”
“I can’t,” groaned Potter.
“Come, Champney,” wheedled the elder, “you say yourself that my
little girl’s life happiness depends on her going. For my sake! Come! I
did a good turn for you—or at least you’ve always said I did—in the
partnership. Now do one for me.”
Potter sighed. He was used to being martyrised where women were
concerned and had not learned how to resist. “Well, if you say so. But
I’ll have to leave them there. Two months is my limit.”
“All right,” assented the senior, gleefully.
“Perhaps,” thought Potter, “perhaps they won’t be able to pack in
time.” And the idea seemed to please him.
For half an hour longer they chatted, and then Potter rose.
“Tell me, Champney,” inquired the senior, “how did you find out
about it?”
“Oh,” laughed Champney, “that’s telling.”
 ⁂
The next day there was woe in Israel. Mr. De Witt was cross over
the “children’s folly,” as he called it. Mrs. De Witt was deeply insulted
at such sudden and peremptory marching orders. “Men are so
thoughtless,” she groaned; “as if one could be ready to go on a day’s
notice!” Champney was blue over the spoiling of his trip. Freddy,
when he heard the news, was the picture of helplessness and misery,
and only added to the friction by coming round and getting in
everybody’s way, in the rush of the packing. As for Frances, she
dropped many a secret tear into the trunks as her belongings were
bestowed therein. Never, it seemed to her, had true love been so
crossed.
“I know Mr. Potter is at the bottom of it.” (Frances was not
alluding to the trunk before which she knelt.) “He’s always doing
mean things, yet he never will acknowledge them. He won’t even pay
me the respect of denying them.” Frances slapped a shawl she was
packing, viciously. “To think of having to travel with him! He won’t
even look at me. No. He doesn’t even pay me the compliment of
looking at me. I don’t believe he’s even noticed my eyes and
eyelashes.” Frances gazed into a hand-glass she was about to place in
the trunk, and seemed less cross for a moment after the scrutiny.
“He’s just as snubby as he can be. I hate snubby people, and I’ll be
just as snubby to him as I know how. I’ll—”
“Good afternoon, Frances,” interrupted a voice, which made that
young lady nearly jump into the trunk she was bending over. “I came
up to see if I could do anything for you or your mother, and she sent
me in to ask you.”
Frances was rather flushed, but that may have been due to the
stooping position. “I don’t think of anything,” she answered.
“I’ve had some chairs sent on board, and laid in novels and
smoked glasses and puzzles; and oysters, and game, and fruit, and
butter,” said Champney, with a suggestion of weariness, “and I don’t
think of anything else. If you can suggest something more, I’ll get it.”
“I don’t know— Yes. You might change your mind and let us stay at
home,” snapped Frances.
“Don’t blame me for that,” laughed Champney. “That’s your
father’s doings.”