Who decides what is a crime? • The federal government has the power to decide what constitutes a crime. • Statute: Criminal Code • Other acts: Narcotic Control Act, Food and Drug Act, Customs Act. • Does criminal law evolve with society? • YES! It changes in response to technologic development
Who enforces Criminal Law? • Police- investigate, arrest suspects and charge people with criminal offences. • Provincial government hires Crown prosecutors, to prosecute criminal cases (lay a charge) • Provincial government runs the court system in each province, under constitutional (federal) law.
Can provincial offences be criminal offences? • Constitution gives power to make criminal law only federal • All federal laws apply across country of Canada • Persons can be guilty of a provincial offence and hold no criminal record • Ex) driving offences for licensing purposes • ** depends on severity
Arrest • Arrest (legal definition): touching with a view to detention and/or using words of arrest to which a suspect submits. • An arrest can occur with or WITHOUT a warrant. • Warrant: grant of judicial authority to arrest or search
Arrest • Who: Police, private citizens • Why: to oblige an accused person’s appearance at trial • Types of offences? • Indictable • Summary • Hybrid • Information: sworn statement outlining probable grounds for an arrest, used as a basis for obtaining a warrant.
Arrest and the Criminal Code • Check out pg 272 to see what sections of the C.C. outline arrest procedures!
Arrest • Arrest and detention are infringements of individual liberties. • Any infringements must be justified • “reasonable grounds” is subjective and can be interpreted in many ways
Racial Profiling • “Racial profiling refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion or national origin.” pg 21 Racial Profiling, Greenhaven Press • Reliance on a group of characteristicspolicebelieve to be associated with crime.
How to establish racial profiling • Two factors must be proven: 1) It must be demonstrated that another racial group than white is no more likely than whites to violate said law. 2) The police are routinely pulling over one minority group more frequently than others.
Racial Profiling in Canada • Which “race” is most targeted in Canada? • How does this effect society? People of that race? • What does this say about law enforcement in Canada?
What does a terrorist look like? • “We’re fighting a war against young Arab male extremists, and yet our government continues to enforce politically correct ‘random screening’ or airlines passengers.” pg 124 Racial Profiling, Greenhaven Press • Who decides what a criminal looks like? A terrorist? Do statistics accurately reflect trends?
racial profiling – listen up! • Dangers of racial profiling • Racial profiling in Toronto • Racial profiling and affirmative action?
Young, black, male and… affluent? • Challenging racial profiling! Let’s read pg 274
Homework • Chapter 9 questions