Content (Teacher Information)
Concepts and Knowledge Objectives
The Role of the Criminal Justice System in
Canada
Model
In order for the criminal justice system to function
as an effective institution, Canadians must decide
what it is they wish that system to achieve. A
variety of philosophies regarding the criminal
justice system and its roles and goals are held
within Canadian society.
Models of Criminal Justice
Know that a model is an organized set of factors
that attempt to explain reality.
Deterrence Philosophy
Know that one model of criminal justice policy is
based on deterrence. Its proponents advocate:

specific deterrence to prevent future crimes
by individuals who have been caught and
punished for crimes
general deterrence to prevent crime by
members of society.
Public policy decisions regarding the mandate and
operation of the criminal justice system are the

responsibility of legislators and the public service.
Approaches to criminal justice and corrections
varies across jurisdictions in Canada, and public
Justice Philosophy
opinion regarding effective approaches to criminal Know that proponents of the justice model of the
justice are as varied as the political spectrum. Two criminal justice system advocate:
opposing viewpoints regarding approaches to
criminal justice are reflected in two theoretical
 sentencing to fit the offence, not the
models.
circumstances of the offender (An end to
discretionary options of the court would end
The Crime Control Model
discrimination against certain groups,
because all crimes would be treated in the
The crime control model of criminal justice
same fashion regardless of group
emphasizes the protection of society through
characteristics such as race or gender.)
control and suppression of criminal activity. The
 more severe crimes should receive more
most important goal is to prosecute wrongdoers in
severe sentences.
order to deter others from committing offences.
The crime control model is characterized by the
Selective Incapacitation Philosophy
presumption of guilt, asserting that most
Know that proponents of the selective
individuals who are arrested are, in fact, guilty.
incapacitation model of the criminal justice system
advocate:
This model purports that it is possible for the
justice system to reduce crime by implementing
 individuals who are repeat offenders should
harsh, mandatory sentencing for crime and
be selectively jailed in order to reduce
incarcerating individuals who are guilty of criminal
overall crime
offences. The model asserts crime control is
 those who are most likely to re-offend
effective when the criminal justice system focuses
should be identified and monitored, and
upon speed and efficiency, with high degrees of
detained if necessary for the good of the
discretion exercised by individuals within the
public safety.
system in order to expedite the implementation of
justice. A further assumption of this model is that
individuals employed within the criminal justice
system make few mistakes, with those few being a Rehabilitation Philosophy
minimal cost in comparison to the efficiency
Know that proponents of the rehabilitation model
provided in protecting communities. Detractors
of the criminal justice system advocate:
from this model argue the result of its
implementation would be a police state, in which
 individualizing treatment of offenders in
individual rights are sacrificed in return for the law
order to eliminate the causes of the criminal
and order agenda.
behaviour
 sentencing of offenders directed toward the
treatment and rehabilitation of the offender
The Due Process Model
in order to prevent recurrence of criminal
behaviour.
In the due process model of criminal justice, the
most important premise is the presumption of
innocence, and the protection of liberty. The most
important goal is to see that justice is done,
through protection of the legal rights of a suspect Restorative Justice Philosophy
or an accused person, ensuring only the guilty are
punished. According to the due process model, this Know that the restorative model of the criminal
is accomplished through an accurate, fair and
justice system advocates:
reliable system of substantive laws and legal
procedures, limiting the power of the state and its
criminal justice officials.
 addressing the harm done to the victim and
the community, instead of punishment
This model further suggests that it is impossible for
 restoring harmony to the life of the victim,
the criminal justice system to reduce crime,
the offender and the community through
because it is not the criminal sanction that is
restitution and reconciliation.
influential in decisions to commit or not commit
 acceptance by the offender of the holistic
criminal acts. In the due process model, the causes
context of the
of criminal behaviour are complex and varied, and
it is not the threat of sanction that prevents lawabiding citizens from committing crime. It also
assumes that individuals employed within the
criminal justice system may abuse their power, or
make errors in the process of dealing with an
accused person. Therefore, it is essential that the
criminal justice system protect the rights of the
accused to ensure that no wrongful convictions
occur, and that no unwarranted loss of personal
liberty results. Detractors suggest that under this
model, police become powerless to protect society
from lawbreakers because of the encumbering
emphasis on processes of protecting the rights of
the accused.
The Canadian Model
The question of the nature, purpose and philosophy
of the Canadian criminal justice system is one
often wrought with emotion and rhetoric, often
predicated by incidents particularly horrific and
highly publicized in nature. The development of
appropriate public policy regarding the Canadian
criminal justice system has continued to be a
matter of intense debate and scrutiny.
Skills/Abilities Objectives
Values Objectives
Apply criteria as a basis for testing models:
 performance—the ability of the model to
perform constructively, efficiently and
consistently in a variety of situations
 consequences—the acceptability of the
consequences of applying the model to
various situations
 accuracy—the ability of the model to
predict future events accurately and
consistently.
Demonstrate the application of unbiased
judgement when selecting and applying criteria.
Develop and apply criteria as a basis for coming
to conclusions.
Apply the skills of dialectical evaluation:





define relevant viewpoints within the
information
test the viewpoints for factual accuracy
test the viewpoints for their morality
evaluate the factual and moral testing
form a conclusion about the issues.
Apply the moral tests of:
 role exchange
 universal consequences
 new cases.
Appreciate that models are simplified
representations of reality (e.g., pictures, small
figures, diagrams, concept maps, recipes,
blueprints) that attempt to show:
 the structure of a whole
 the pattern of the parts of a whole
 the relationships between the parts of a
whole.
Appreciate that the assumptions and premises we
accept as truth and reality, and use in the models
we create, tend to come from the accepted
paradigms of society.
Appreciate that the outcome of any evaluation is
dependent upon the criteria selected as the basis
for
making judgments.
Understand that criminal law reflects moral
values and social policy objectives in the context
of the society in which it operates.
Instructional Notes
1. Model a dialectical reasoning exercise with students regarding the most effective
model for the Canadian criminal justice system.
2. Use the two models as the extremes in a continuum, and place the five philosophies
of criminal justice policy within the continuum in relation to the extremes. Arrange a
debate regarding the most effective model for criminal justice.
3. Have students research the history of restorative justice, and compare the system to
the models now in place in Canada.
4. Have students research crime rates in Canada and Saskatchewan, and determine any
trends that may be present.
Issues in the Law
1. What approach should Canada take to criminal justice? Is the get tough, law and
order approach most effective, or is the rehabilitative/restorative approach a more
effective approach?
2. Is rehabilitation of persons previously engaged in criminal activity effective?