Solution Manual For
Criminal Justice 3rd Canadian Edition By Gina Antonacci
Chapter 1-12
CHAPTER 1: CRIMINAL JUSTICE IN CANADA
Chapter Summary
The first chapter of the text provides an overview of the criminal justice system as it plays a
crucial role in our society. The chapter includes the function and purpose of the criminal justice
system and the values that are embedded in our system. An outline of the Charter of Rights and
Freedoms and the rule of law is highlighted, the due process and crime control models are
examined. The chapter introduces the main components of the criminal justice system as well as
an overview of the manner in which a criminal case is processed. The role of the media as it
relates to the criminal justice system is discussed as well.
Learning Objectives
LO1 Explain the function and purpose of the criminal justice system.
LO2 Explain the rule of law and its significance in Canadian law.
LO3 Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and
Freedoms.
LO4 Identify the procedural safeguards that exist in the criminal justice system.
LO5 Describe the due process and crime control philosophies of criminal justice.
LO6 Identify the types and categories of laws that exist in Canada.
LO7 Identify the components of the criminal justice system.
LO8 Describe the relationship between the media and the criminal justice system.
LO9 Describe the way in which a criminal case is processed through the criminal justice
system.
,Overview of Lesson
This lesson provides an overview of the criminal justice system. This lesson addresses general
principles and topics.
Opening Ice Breaker Questions:
1. What role does the criminal justice system play in our society?
2. How does the criminal justice system impact your life?
3. Why is it important that the workings of the criminal justice system be open and
transparent to all?
Note: if there is a virtual Learning Management System available to support the class – the
instructor may wish to post the Ice Breaker Questions in the chat or discussion forum to provide
students with a virtual option to discuss during or between classes.
Topic 1: Charter of Rights and Freedoms
Introduce the Charter of Rights and Freedoms and remind students of the role it plays in our
society. This exercise will provide students with an opportunity to examine how the Charter of
Rights and Freedoms impacts the lives of Canadians by examining a specific case that is
introduced in the textbook.
Case examination: Sex Trade Laws: Canada (Attorney General) v. Bedford, 2013 SCC 72
Link to an overview of the Charter of Rights and Freedoms:
https://www.youtube.com/watch?v=UX99jxbAhHQ
1. Provide students with the links above related to the case and invite them to familiarize
themselves with the case.
, 2. Ask the students (in groups) to discuss the case and then to report back on the manner in
which this case has illustrated the power of the Charter and how the Charter impacts the
lives of Canadians.
Discussion Questions:
What sections of the Charter are relevant in this case?
How do Charter decisions reflect changing societal values?
How do we empower individuals to use the Charter to effect change in Canada?
Additional Resources:
1. Charter Cases: Government of Canada
This link provides a list of Charter cases that have been adjudicated, organized by the sections
within the Charter. Additional cases can be examined using the process identified above.
This website provides information that is relevant to the study of Canadian law in general and the
Supreme Court. It offers numerous resources including Supreme Court case summaries. The
website is:
https://www.scc-csc.ca/
Topic 2: The Adversarial Criminal Justice System
This exercise is intended to explore the adversarial nature of the criminal justice system and to
understand why it is required to ensure that justice is achieved.
Begin by outlining the two adversarial roles with the criminal justice system: the crown and the
defence. Ask the students to describe the roles of each. Ask the students to describe the role of
the impartial judge in the criminal justice system and explain the role as it pertains to balancing
the rights of the individual with the rights and interests of society as a whole. The goal of the
system in each criminal case is to provide a just decision, under the scrutiny of a judge, jury and
the public.
Ask the students to break up into pairs – one person represents the crown and the other
represents the defence. Each pair will respond to the questions below from their perspective:
What is the goal of your role (crown or defence) in a criminal trial?
What safeguards are in place to ensure that you are able to fulfill your role?
Who are you representing in your role?
, How do one or more of the following Legal Rights within the Charter reflect and impact
the adversarial nature of the criminal justice system:
Legal rights: rights of individuals when dealing with the justice system:
Section 7: right to life, liberty, and security of the person.
Section 8: freedom from unreasonable search and seizure
Section 9: freedom from arbitrary detention or imprisonment.
Section 10: right to legal counsel
Section 11: rights in criminal and penal matters such as the right to be presume innocent
until proven guilty.
Section 12: right not to be subject to cruel and unusual punishment
Section 13: rights against self-incrimination
Section 14: rights to an interpreter in a court proceeding.
Debrief this exercise by asking the pairs to report back on their experiences and share their views
on the adversarial system. Conclude the exercise by asking:
Why is the role of the judge critical in an adversarial system?
Do the crown and the defence have a common goal? Describe what they have in
common?
Why is the role of the defence critical? Why is important that every accused person be
entitled to a defence?
Topic 3: The Media and the Criminal Justice System
The purpose of this exercise is to highlight the critical role played by the media in the criminal
justice system. There are both positive and negative elements related to the manner in which the
media impacts the criminal justice system. The challenges related to the media portrayal of the
criminal justice system is apparent in the following clip from the NYU School of Law where
Rachel Barkow identifies the impact that media reports have on the negative public perception of
crime. Invite students to watch the video and to discuss the views shared.
https://www.youtube.com/watch?v=cfUd48QQEjI
To illustrate the positive impact of the media on the criminal justice system students may be
broken into groups and asked to identify the manner in which the media does the following:
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