THE CANADIAN CRIMINAL JUSTICE SYSTEM

The Canadian Criminal Justice System

The Canadian Criminal Justice System

Introduction

The essential function of any criminal justice system is the maintenance of social control through the use of formal sanctions and rewards that the government has empowered the various elements a criminal justice system to exercise. The Canadian criminal justice system has been made up off three basic parts known as police, courts, and the correction system of the country. How their respective mandates come into being is subject to much debate. The informal element, sometimes referred to as the “hidden element” of the CJS, is the public. The formal elements are virtually universal around the world. What varies between countries is the nature of how the various elements are organised and function.

Thesis Statement

The Canadian criminal justice system (CJS) is composed of three formal elements and a fourth informal element. The formal elements are the police (federal, provincial, and municipal), the criminal court system (federal and provincial/territorial), and the correction system (federal and provincial/ territorial)

History & Origins of Canadian Laws

The Canadian criminal justice system can trace its primary roots of influence to England and a modest influence from France. Although John Cabot (from Britain) arrived at Cape Breton Island in 1497, it was the French who first colonised what is now known as Quebec in 1604 with the arrival of Samuel de Champlain. The early settlers were mostly interested in exploiting the land for its rich furs. Because they settled and based most of their activities in Quebec, the French had a more significant impact on justice policy and administration in the province of Quebec. The French influence is still evident in the province's language and social, cultural, and legal ideologies and practices. Although the English, under the leadership of David Kirke, had captured Upper Canada (now known as Quebec) in 1629, they returned it to the French in 1632.

The English tended to concentrate their fur-trading efforts further west and established themselves in Lower Canada (now known as Ontario). The long history of rivalry between England and France also spilled over into the New World, and the eventual Battle on the Plains of Abraham in 1759 in Quebec, in which the French lost, resulted in the French influence being limited and largely concentrated in Quebec. During its formative years, some parts of western Canada resembled a wild frontier with no formal crime control infrastructure. With many of the ...