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ALBERTA. SOLICITOR GENERAL

COMMUNITY CORRECTIONS

INFORMATION GUIDE ON THE CRIMINAL JUSTICE SYSTEM IN ALBERTA. 1977.

INFORMATION GUIDE

ON THE

CRIMINAL JUSTICE SYSTEM

IN ALBERTA/

TABLE OF CONTENTS •

Page

PREFACE 1

OBJECTIVES 3

A. THE CRIMINAL JUSTICE SYSTEM IN ALBERTA 4

History 4

Retribution 5

Symbolic Expression 5

Restraint 6

Deterrence 6

Rehabilitation 6

B. THE NATURE AND MEANING OF CRIME 7

Public Concern with Crime 7

What is Crime? 7

Excuses Allowed by the Criminal Law 9

C. THE CANADIAN LEGAL SYSTEM 11

What is Law? 11

The Early History of Law and Legal Systems 11

Types of Law in Canada 12

The Sources of Canadian Law É5 '

f.

Page

17

17

17

19

19

19

19

19

21

D. POLICE

Introduction

History of Police in England

Canadian Law Enforcement

History

Royal Canadian Mounted Police

Brief History

Present Day Organization

R.C.M.P. in Alberta

Role of the Provincial Government (Alberta Solicitor General) 27

Law Enforcement Branch 27

Special Constables 28

Law Enforcement Appeal Board 28

Policing Indian Reserves 29

International Policing 30

Autonomous Municipal Police Departments 32

Training of Municipal Police Officers 36

General Polite Work 37

Function of Police 37

Duties 37

Police Discretion 38

Arrest • 39

Search and Seizure of Property 45

Pcilice Training on a National Basis 48

Exercises and Study Questions 49

Page

50

50

50

E. THE COURTS

The Role of the Courts in the Governmental Process

The Criminal Court in the Criminal Justice System

The Administrative Structure of the Criminal Courts in Canada 50

Provincial Court 53

District Court 53

Supreme Court of the Province 54

Supreme Court of Canada 55

Criminal Court Procedure 57

Classification of Offences 57

Pre—Trial Procedures 57

Indictable Offence Procedure 60

The Trial 62

Summary Conviction Procedure 66

Dispositions Used by the Courts 68

Appeals 73

Exercises and Study Questions 76

Legal Aid Plans 77

Student Legal Services 78

•••

•

00

80

81

81

84

113

115

119

123

124

125

4

•

•

Page

F. ALBERTA SOLICITOR GENERAL (Correctional Services Division)

Introduction

Institutional Services

Institutional Programming

Fort Saskatchewan Correctional Institution - Male

Fort Saskatchewan Correctional Institution - Female 85

Peace River Correctional Institution 87

Calgary Correctional Institution 89

Calgary Remand and Detention Centre 91

Lethbridge Correctional Institution 94

Nordegg Base Forestry Camp 97

Community Corrections 98

Probation 98

Probation Programs 104

Volunteer Services 106

Preventative Services 108

Divisional Function of Correctional Services 112

Temporary Absence Program 112

Community Release Program 113

Alberta Community Residential Centre Program

Fine Option Program

Community Correctional Centre

Pre-Trial Release Program

Exercises and Study Questions

Bibliography

,Page

G. SOLICITOR GENERAL CANADA 128

FEDERAL INSTiTUTIONS IN ALBERTA 128

Introduction 128

Drumheller Institution 129

Grierson Centre 133

Bowden Institution 135

Scarboro and Altadore Centres 141

Arrangements for Female Inmates 142

PAROLE 143

Introduction 143

History 143

Philosophy and Aims of Parole 144

Organization 145

National Parole Board 147

National Parole Service 147

Parole Application Process 149

Selection for Parole 151

Effect of Parole 153

Parole Supervision 154

Parole Violations 156

Supervising Agencies in Alberta 156

Mandatory Supervision 157

•

Page

H. JUVENILE DELINQUENCY 158

Introduction 158

Statutory Authority 158

Age Limits and Restrictions by Age for Young Offenders 159

Juvenile Institutions 160 •

Juvenile Court 161

History 161

Juvenile Court Concept 161

Juvenile Court Procedure 162

Exercises and Study Questions 166

Bibliography 167

For additional information and changes, refer to last section entitled "Supplements".

— 1 —

PREFACE

This Guide has been designed as a resource package for teachers and students, community volunteers, and personnel working in the Criminal Justice System.

It is unique in that it deals specifically with the delivery agencies within the Criminal Justice System, with à lesser emphasis on law in general.

For the most part, the content was gathered by approaching the various components from within the Alberta System to write a section on their purpose, functions and programs.

Should any particular area be of special interest, all of the agencies concerned are able to provide the required resources to present a more detailed analysis.

Any agency desiring copies of the Guide may do so by reproducing the Master copy which is available on a loan basis from Alberta Solicitor General.

To secure the Master copy, please write to:

Alberta Solicitor General Library 7th Floor, Melton Building 10310 Jasper Avenue Edmonton, Alberta T5J 1Y8

0 Permission to reprint any portion of . the Guide is Granted with the

understanding that due credit to Alberta Solicitor General is given.

2

Alberta Solicitor General gratefully acknowledges the following agencies for their contribution to this Guide:

Calgary City Police Service

R.C.M.P. "K" Division

Edmonton City Police Department

Alberta Supreme Court

District Court of Alberta

Provincial Court of Alberta

Alberta Department of the Attorney-General

Correctional Services Division of Alberta Solicitor General

Canadian Penitentiary Service

National Parole Service

* Alberta Social Services

Legal Aid Society

Student Legal Services

o'

OBJECTIVES

— 3 —

• The following paper sets forth a framework on the Criminal Justice System as an interdependent system encompassing the law enforcement, judicial and correctional processes. The discussion is in a Canadian context with special emphasis on the Alberta scene.

The objectives of the paper are: •

1. To define the purposes, goals, functions and operations of each of the agencies in the Criminal Justice System.

2. To promote public understanding for, and active participation in the Criminal Justice System.

3. To serve as a training tool for community volunteers interested in working within the System.

4. To provide a point of departure for the development of texts —on the Criminal Justice System which would be used in the school curriculum.

5. To act as a stimulus for more in—depth discussion in areas . that most interest the public (e.g. crime prevention, sentencing,

probation).

•

.!!!!!!!

iIgiIiflhiIiiV 11111 1 111 1111

Symbols of the Crtmlnal Jusoce System

•

- 4 -

THE CRIMINAL JUSTICE SYSTEM IN ALBERTA

Hi:story

The structure of criminal justice in Canada today must be comprehended in an historical context to appreciate the contradictions and paradoxes that have become embedded in it through the years. The changing values and concerns over the purposes of the criminal law over time have formed these paradoxes, and consequently, our present-day administration of justice.

The primary purpose of the criminal law has been the ultimate protection of society through the maintenance of law and order. Punishment imposed by the State towards criminals developed as a necessary replacement of the private revenge sought by victims and their kin. The beginnings of criminal law illustrate that the methods to implement it were harsh: retribution against the offender operated nakedly without any rationalization or legal philosophy. As revulsion against the severe punishments and the arbitrary imposition

of them grew, a reasoned philosophy of the criminal law and rationale

of punishment replaced ruthless criminal proceedings.

During the Enlightenment, the great reforms in English criminal law started with the Classical School, whose major architects

were Montesquieu (1689-1755), Beccaria (1737-1794), Bentham (1748-1832),

and Romilly (1754-1818). The accomplishments of the Classical School

were, firstly, the formulation of a criminal law and procedures to limit the powers of the Courts and, secondly, the formulation of

"classic" legal philosophy. Their major contribution to the criminal law was to give it the purpose of deterrence and a philosophy and practice in support of that purpose. Deterrence was conceived of as having a two-fold action: specific deterrence acted on the punished offender who would seek to avoid punishment in the future because of the experience of punishment; general deterrence acted on the potential offender through fear of punishment. The purpose of deterrence gave the law a firm, intellectual foundation and remains the stated purpose of the law to this day.

Beccaria's new penal policy of 1764 may be considered the beginning of modern penology. His conception of all men as being equal in rights and in potential amenability to guidance by reason was further extended by the members of the Classical School.

The high degree of respect for all human beings fostered during the democratic revolution called for punishments based on the offence rather than the offender and preScribed penalties of imprison-ment, rather than torture and death, to balance the harm dqne by the

commission of the crime. The "classical" criminal law developed at this time still provides the framework for our penal codes today.

The Reformatory Movement, increasing in the latter part

of the Nineteenth Century, emphasized treatment-oriented penology. With the launching of the new criminal science, criminology, at the

turn of the Twentieth Century, the criminal began to be studied as a

person. The social purpose of understanding and modifying the offender's

behaviour through reformation and treatment became emphasized in sentencing policy with the increasing knowledge of the social sciences and the therapeutic methods of the helping professions.

As the concern with changing the attitudes and abilities of offenders replaced the concern with punishing them, more agencies responsible for the administration of justice were created to utilize therapeutic skills. The correctional service became oriented to provide a personal community responsive to offenders' needs as individuals during their correctional period. The correctional community's goals became the re—establishment of an offender's social identity as a person of worth, the instruction of an offender's social functioning and the provision of conditions that promote continued acceptable behaviour.

Police officers began to receive more social science courses in police training to orient them into their increased number of positions. As the first social worker in a crisis situation, the policeman's discretion as to the disposition of an offender increabed. Instead of the compulsory apprehension of all suspected offenders, the policeman could arrest only those offenders whom he felt warranted proiecution. The Court's increased discretionary powers allowed sentences for convicted offenders to vary from warnings to controlled community status to enforced incarceration. An organizational continuum for the resocialization of offenders became provided by the then three correctional agencies: probation, correctional institutions and parole. The agencies adopted social work practices, such as casework in probation and parole, psychiatric social work in clinics, group work in institutions and social action programs in community organizations. Human relationships became emphasized as the basic tools of the correctional process.

Over the centuries, the concerns of the Criminal Justice System have changed considerably because the basic human value structure of society has wanted them to change. Today, five objectives or ends of the criminal law may be cited.

Retribution

Although modern correctional opinion tends to minimize the importance and strength of retribution, it remains a stronger motive than is acknowledged in Canadian legal decisions beqause the moral roots of the universal sense of justice st;illi demandé balance: society wants revenge so that harms given shall be redressed.

2. Symbolic Expression

The laws of a society express the society's moral

sentiments, symbolizing what it prescribes and what it proscribes.

The law is not only practical, but it is also symbolic: it expresses

morals as well as it intends consequences.

6

3. Restraint

In restraining offenders from hurting other people, the emphasis is on controlling or stopping them until they mellow. Offenders may be restrained in eieher'prison or meeal hospitals, according to determinations of their mental Init.>/:

4. Deterrence

The primary, stated justification of the criminal law is the deterrent effect of punishment. Specific deterrence is the probability that punishment will stop the offender from committing other criminal acts. General deterrence is the extent to which

. penalization of punished offenders actually deters potential offenders from criminal activity. It is often asked to what extent and for whom will general deterrence stop others from committing crimes. As yet, no one knows which individuals are deterred from the commission of which crimes under which circumstances by the threat of which penalties.

Often, the high degree of recidivism among offenders is erroneously used as evidence to argue that there is no deterrent effect. It is a logical error to infer that because specific deterrence is impotent, there is no general effect: the weakness of specific deterrence does not weaken general deterrence.

5. Rehabilitation

The criminal law may be used to correct or improve an offender's conduct. The failure of punishment to reform offenders encouraged treatment and reformative programs in the probation agencies and correctional insti-tutions, based on understanding the individual offender and modifying his behaviour through family, group and community institutions, and educational and vocational training. These programs have given rise to the correctional movement.

The objectives of the criminal law do not comprise a harmonious whole: some seem to be in conflict with each other. The criminal law may symbolize right and wrong without seeking retribution; rehabilitation may not necessarily involve retribution or deterrence. As an illustration, Anglo law says juvenile delinquents are not fully

responsible for the breach of the criminal law (symbolic function), but

they may still be sent to correctional institutions where they will be

restrained and/or rehabilitated.

THE NATURE AND MEANING OF CRIME

1. Public Concern with Crime

The major public concern with crime focuses on crimes "mala in se": the universal and timeless evils against person and property that are "wrongs in themselves". The public is less concerned with crimes "mala prohibita": the less definitive, moral wrongs individuals commit against other individuals that are restricted to a specific time and locale.

"Their interest in crime is in the elements of public order: the desire to live a civil life, unadorned by lawlessness. They want to move freely without being robbed or beaten, they want to preserve their property against theft ... the concern of the citizenry is more strongly directed toward the explanation of the perpetual "serious offences" against person and property---the more visible and predatory crimes---than they are toward the newer "administrative" or "public interest" crimes. The motivation to attend to these crimes is as fundamental as survival. Most of us pay attention to crime out of the desire to protect our-selves and our loved ones against the harm others may do. It is the threat of one's person and property, and, secondly, to the institutions that protect person and

property that Everyman has in mind when he thinks of

crime." (Nettler, p. 2)

That there is a difference between acts that are officially

proscribed and acts that are publicly condemned indicates the connection between law and morality: the criminal law expresses, codifies and

attempts to enforce the morality of a society. Therefore, insofar as

the criminal law is supported by a society's moral underpinnings, it

will remain effective; however, when the ageless ideals of human conduct

are weakened, the criminal law becomes less effective.

2. What is Crime?

Crime is an ever—changing concept encompassing a number

of definitions from different perspectives. The concept of crime, originating from the larger concept of sin, has its roots in the ideas

of vice, sin and wrongs: this encourages the confusion of trying to

distinguish crime legally from crime morally. The moral definition of

crime as "some kind of wrong or evil". applies generally, but remains

specifically vague. The legal defin:1>ion of crime provides a partiO remedy in that it accounts for a wider range of wrongs with morp qualifications than the more general, moral definition. If the basic

unit of criminological investigation is the criminal act as defined by

the criminal law, then the complexity of the criminal law itself must

be taken into account when the study of crime is attempted.

"As defined by law, a crime is an intentional violation of the criminal law, committed without

defense or excuse, and penalized by the state."

(Tappan, 1947)

8

In defining the structure of a crime, Tappan has provided a guide to the interpretation of each specific breach of the criminal law.

Because crimes are wrongs defined by the criminal law, wrongs defined by contract and tort law are civil matters and not crimes. The distinction between the concepts of crime and tort is "who pursues the offence". The State prosecutes crimes they are offences against the society, whereas individuals seek redemption for torts because these injuries to person, reputation or property are not grave enough to warrant state prosecution.

The provision that there can be "no crime without a law' offers a protection for people against vague charges. In defining crime, the criminal law must, firstly, be specific in specifying actions that are criminal and specifying penalties for each breach of

• the criminal law and, secondly, must be applied uniformly.

There can be no crime without a state to define and punish the crime. An extensive body of international criminal law has not been developed by the states of the world, so few crimes are defined by it, there is no state to enforce it, and there is no permanent legal macilinery to try persons accused of international crimes. In this sense, war crimes are not legal crimes as there is no state to define and punish them. •

Because the law recognizes justifications of committing acts that would otherwise constitute a crime, acts justified by law do not constitute a crime. For example, the use of reasonable force in self—defence is a legally constituted right of Canadian citizens.

The criminal law attempts to punish only those crimes

enacted with illegal intent. In restricting crime to intentional actions, the criminal law distinguishes between accidental and intentional crimes and between impulsive and premeditated crimes. Although penalties for accidental and impulsive crimes may be lower than penalties for deliberately committed crimes, the actions still constitute crimes.

In our system of law, the burden of proof to show the commission of a crime beyond a reasonable doubt is on the Crown because

persons are assumed innocent until proven guilty. If the Crown shows

the accused committed the crime, the onus may then be on the accused to prove his lack of intent. The prosecution is not required to prove intention because persons may be presumed to intend the reasonable consequences of their voluntary actions.

The concept of intention is important in defining legal

excuses, as some accidents are excused and others are not excused. The psychological model of the "reasonable person" used in Canadian

legal decisions holds that people are expected to use judgment in

conducting their actions to avoid certain types of accidents. Negligence

can be the basis for criminal prosecution. Acts of "strict liability"

are punishable, despite an offender's lack of intent or unawareness of

the dangerousness of his actions.

Our moral and legal principles do not allow us to hold persons without some minimal mental capacity legally accountable for their criminal actions. In relying on concepts of competence and capacity, otir morality holds that people should not be penalized for behaviour beyond their control.

3. Excuses Allowed by the Criminal Law

Canadian criminal law provides specific legal defences for persons who commit crimes. If a person with a lawful defence commits a crime, that person is not guilty of the offence because to be guilty of an offence, all the elements of it must be present.

In Canada, the test of competence is mens rea, the "guilty mind", that regulates one's actions and defines the ability to form a criminal intent. Persons who have "minds" that cannot sufficiently control their behaviour or cannot function normally are legally excluded from criminal liability. Legal responsibility is diminished for offenders who are (1) acting under duress; (2) under age, or (3) insane.

Intent and capacity to act freely are diminished when persons commit crimes when "acting under duress", so legal responsibility is also diminished. Note that this category does not excuse persons from committing crimes if they act under psychological distress.

Individuals who are "under age" are deemed not to have the capacity for crime and, hence, are excluded from full criminal responsibility. In Canada, the age and sometimes the sex of a juvenile offender required to attain legal responsibility, varies from Province to Province.

The claim of insanity, the damaging of an offender's capacity to control his behaviour, is a legal defence against accountability to the law. The only legal test for insanity is Section 16 of the Criminal Code:

"INSANITY--When insane--Delusions--Presumption of sanity.

16. (1) No person shall be convicted of an offence in respect of an act or omission on his part while he was insane.

(2) For the purposes of this section a person is insane when he is in a state of natural imbecilik or has disease of the mind to an extent tpat rendere.

him ircapable of appreciating the naturend qualit!;' of an act or omission of or knowing that an act or omission is wrong.

(3) A person who has specific delusions, but is in other respects sane, shall not be acquitted on the ground of insanity unless the delusions caused him to believe in the existence of a state of things that, if it existed, would have justified or excused his act or omission.

(4) Every one shall, until the c;ontraq is proved, be presumed to be and to have been sane."

The notion of intention is embedded in the concept of capacity: an offender must have the capacity to form the intent to commit an offence. Persons under age and persons deemed insane are not criminally culpable because our morality does not allow us to blame anyone who does not have the capacity to form the intention to commit a crime. Accidents and the commission of crimes under duress do not count as criminal activities as the person did not have the intention to commit the act, and hence cannot be blamed for actions beyond his control.

There is an association between our conception of what the criminal law ought to do and the excuses it allows: offenders must

• have the capacity to comprehend the consequences of the law's objectives or those objectives will not be fulfilled. Without the mental competence to comprehend the consequences of punishment, offenders cannot be deterred from crime. Morals become more important than consequences here, as only the normal mind has the capacity to appreciate the symbolic and-eetributive functions of the law. Rehabilitation will only be extended to those offenders who have the competence to benefit from correctional programs and who are amenable to education.

•

- 1 1 -

THE CANADIAN LEGAL SYSTEM

1. What is Law?

The law is a set of legal rules and principles of conduct that rely on legitimate enforcement by the State. It identifies oblig-ations of members of the society and articulates positive norms of behaviour. The law is "the enterprise of subjecting human conduct to the governance of rules". (Fuller, p. 106)

Because social norms are not specific enough to provide authoritative guides to conduct, the institutions that comprise the legal order determine what constitutes justice. The authority of the legal order must accept the restraints of reason and represent the public consensus regarding what should constitute law and justice and how justice should be administered. Major discrepancies between the norms of the legal order and the norms of the society results in a less effective system of law.

2. The Early History of Law and Legal Systems

One of the earliest records of written law available today is found in the Code of Hammurabi, the famous set of Babylonian laws developed about 2350 B.C. Hammurabi's idea of justice was "an eye for an eye, a tooth for a tooth": a far cry from the modern conceptions of legal justice. Eight hundred years later, the tablets of Moses containing the Ten Commandments put a summary of God's laws on permanent record. Hebraic law showed more compassion than Babylonian law in recognizing that punishment should be reserved for the guilty person alone and not for his relatives, and in distinguishing between accidents and deliberate crimes.

In the Greek legal system, several hundred citizens would vote to decide the guilt or innocence of the accused and, if found guilty, his subsequent sentence. Our present jury system is based on muct.; the same principle, but the members of the Court are more trained in the methods of law.

Roman law, the most famous ancient legal system profoundly influenced the legal systems of European nations whose territories they governed for many centuries. In the Sixth Century A.D., the Roman Emperor Justinian published Justinian's Code, a complete codification of all Roman law up to 533 A.D. The Roman law adopted in Normandy was brought to England first by Julius Caesar in 55 B.C. and, secondly, by William III (1066) who brought "Norman and Paris tistom". Although England did not adopt the Roman system of law, the Roman principles proved to be so sound that substantial portions of it remained in the form of traditions. For example, a profession devoted to the study of legal matters, the forerunners of modern lawyers, was established.

The development of law in England is the story of a long struggle against tyrannical kings and barons who felt laws were only for

commoners to obey. Before the Norman Conquest, trial by ordeal was the

method of the determination of the guilt of an accused. It was believed God would indicate whether the accused was guilty or innocent. The

English struggled for "rule by law" as contrasted to a "rule by force and corruption". The Magna Charta (1215) laid down the principles of freedom from illegal prosecution and made everyone equally subject to the law. Since 1215, it has remained an ideal toward which the English have aspired.

The first English parliament was called in 1265 by Simon

de Montfort, a devotee to the cause of liberty. That event was a giant

stride toward rule by the people, a necessary companion of legal justice.

The development of the jury system, at about the same time, reflected the

development of democratic government. It placed the responsibility

for determining guilt on the basis of the facts in the hands of the people.

A system of travelling judges was developed in England, . wherein judges travelled across the country hearing cases. As a body

of common practices grew, English common law arose, common in the sense of being uniform throughout England. Common law is still the basis of the English legal system and throughout the English—speaking world.

Our present Canadian legal system has adopted the major principles of law from the history of the legal systems of democratic countries.

(a) The vital feature of publicity, making laws publicly known in the community, is a hallmark of all the important legal systems of the past and distinguishes our law system from those of dictatorships.

(h) Canada has adopted English common law, the law of custom and precedent. The logical development of the doctrine of following an established precedent was the rule that decisions in all identical cases had to be followed; in non—identical but similar cases, the principle established in the earlier case was followed as closely as possible. Gradually, a formal system of established principles of law evolved from the decisions on many cases and the rule of precedent.

(c) The principle of codification is an important feature to all democratic legal systems: the Government must index the law as developed up to that point, either in its entirety or substantial portions of it. The English common law may be found in the reports of decided cases by Canadian Courts, Statutes define Canadian civil and criminal law. Thusly, the principle of codification has allowed

the law to become universally available, truly becoming common law.

3. Types of Law in Canada

(a) Common Law and Code Law

All of the Canadian Provinces, except Quebec, and the

two Territories employ the British principles of law. All fields of

law at the Canadian Federal level have been codified: for example,

the criminal law has been codified in the form of the Canadian Criminal

Code. Some fields of law, such as laws of contract and tort, are

partly codified and partly still in the precedent stage.

• — 13 —

The early French settlers of Canada brought the French legal system with them to Quebec and its basis remains the same in Quebec today. As a concession to the French at Confederation, the English allowed Quebec to keep French civil law, but it had to retain English criminal law. The French legal system, based on Roman law, relies much more on a written detailed system of law. Quebec's Civil Code (1866) is substantially based on French law and Quebec retains the old French civil law, based largely on the Code of Justinian. The Judges of Quebec must apply the appropriate principles of the code law to legal cases, whereas other Canadian Judges follow the rule of precedent. In effect, the results of the two systems are very similar.

(h) Criminal and Civil Law

The two chief divisions in classifying law according to its nature and purpose are (1) criminal law, and (2) civil law. All the Canadian Provinces except Quebec use both English civil and criminal law. When Quebec was ceded to France in 1763, it was allowed to keep French civil law but English criminal law was introduced. Criffiinal law is statutory. Infractions of the criminal law result in formal actions of the state against an individual for a specific violation of ,the law.

"The primary function of the criminal law is to protect society against infringements of important rights of person and property. The interest is focused primarily on group rather than individual protection and the sanctions employed through penal law are designed to • deter potential criminals as far as possible, from violating the social rules, and to repress or incapacitate the actual offender from persistence in such a course."

Civil law focuses on the protection of the individual's rights rather than the society's rights.

(c) Equity

Common law lost its flexibility as it began to deal with new situations for which there was no precedent, often producing inequitable results when precedents were followed many years later. Nevertheless, Judges followed precedent slavishly where it existed, even if new conflicts arose. When the common law was felt to have failed to dispense justice, the practice of appealing to the King arose. Then, a court of equity took the task to equitably dealing with the appeal cases and eventually began to follow its own precedents, giving rise to the system of equity rules. In both Canada and England in the Nineteenth Century, common law and equity law were consolidated into a court system where equity was administered in separate courts by separate Judges. If any conflict between the principles of common law and equity law arises, equity prevails.

(d) Case Law

The field of case law is often referred to as "unwritten law" as it did not originate by statute, but is common law that has not yet been codified. The importance of being able to refer to previously decided cases lies in the fact that in our system of justice, Judges must observe the rule of precedent: they must follow the principles established by a Judge of an equal or high . standing in previpus cases dealing with similar circumstances. The accumulation of judicial decisions that deal only with new principles or new applications of old principles is publicized in volumes in law libraries. These works, referred to as case law, are an invaluable aid in the interpretation of the law.

The advantage of case law is that it is elastic; its • principles can be adjusted to changing circumstances without having

to create new law. However, its disadvantage is that it is sometimes cumbersome to establish exactly what the law is. The doctrines stated in leading cases are the main guides to the bench, but in turning to leading cases for help, a Judge may well find a restatement of his own_dilemma. In locating cases similar to the one facing him, he may get a precedent in a somewhat similar situation, but he may equally well find leading cases directly opposed in their decisions. If the defisions are conflicting, the Judge most commonly turns to some acknowledged legal authority and then decides on the principles that most closely apply to the case at hand. It is this disadvantage which is the principle reason for the systematic codification of our law.

(e) Statute Law

Today, Canadian law is virtually completely in the form of statute law. Laws in the form of statutes provide ready availability of the law, especially in new circumstances not covered by case law.

A statute is an Act of Parliament or of a Provincial Legislature, or of a municipal government. Federal statutes are Federal laws drafted by Parliamentary committees, read and passed by the House of Commons and approved and proclaimed by the Governor General of Canada. Examples of these are the Canadian Criminal Code and the Narcotics Control Act. Provincial statutes contain laws based on the jurisdiction of the Province. They are drafted and passed by the Provincial Legislative Assembly and proclaimed by the Lieutenant Governor of the Province. The Provinces can legislate for themselves in all matters which are not within the jurisdiction of the Parliament of

Canada. Examples of these are the Liquor Control Act and the Highway

Traffic Act. Municipal by-laws or ordinances contain theeaws specific to a city, town or district that are created by a municipal council. Examples of these are traffic by-laws, building by-laws, and police and fire protection ordinances.

If there should ever be a conflict between a statute and the case law which it attempts to codify, then the statute over-

rules the inconsistent case law. If a Canadian statute omits a particular point in connection with a certain field of law, then

English common law must be followed.

4. The Sources of Canadian Law

(a) The British North America Act

The B.N.A. Act is a British statute passed by the British Parliament in 1867 that granted Canada her independent constitution. Through the B.N.A. Act, the Province of Canada was federally united into one Dominion with a constitution similar in

principle to that of the United Kingdom. Essentially, this means that the Provinces adopted all the legal rights and safeguards enjoyed by the British people.

A constitution is a legal, written document for constitut-

ional government that lays down the limits of power and the distribution

of governmental influence. Everything in the B.N.A. Act is not in the

Canadian constitution. Part of our constitution can be found in:

(1) the B.N.A. Act; (2) the Statute of Westminster; (3) the common law decisions of the Courts; (4) French civil law; (5) the Supreme Court of Canada, and (6) some statutes of Parliament. The constitution of Canada depends on Court decisions and interpretations. The Act sets out the respective powers of the Federal and the Provincial Govérn-ments. Under the B.N.A. Act, the Canadian Parliament was given the power to make laws in all matters not expressly assigned to the Provinces. The Federal l'arliament passes laws for the entire country and the Provinces pass laws effective within their own boundaries.

The exclusive jurisdictions over criminal legislation is allotted to the Federal Government. As a result, the criminal law is the same throughout Canada. However, many of the responsibilities given to the Provinces by the Federal Government can only be fulfilled with the help of Provincial legislation. With the exception of the appointment of Judges to the higher courts, the Provinces are respons- ible for the creation, operation and maintenance of the Criminal Courts, prisons and reformatories, and the administration of justice in Canada. The creation, operation and maintenance of penitentiaries remain a Federal concern. The Provinces have passed some of their responsibility down to the municipalities so that their legislation also operates like criminal legislation.

(b) The Canadian Bill of Rights

. This Federal Government Bill spells out the civil rights enjoyed by Canadians proclaiming that Canadians have the rights to life, liberty, property, free speech, free religious expression, equality before the law and protection of the law. The Government cannot take away these civil liberties without due process of law.

Because the Bill of Rights is an ordinary law of Parliament,

it cannot restrict the Provincial Courts and is, therefore, a relatively

weak Bill. Each Province has passed its own Bill of Rights; the Federal

Bill of Rights cannot restrict the Provinces because acts of the Federal Government only affect Federal matters as stated in the B.N.A. Act. However, the Canadian constitution takes for granted the guarantee of

civil liberties by common law. Our civil liberties are "assumed" in the

B.N.A. Act, they are not specifically asserted.

(c) The Canadian Criminal Code

The codification of the Canadian criminal law was under-taken in the late Nineteenth Century by a commission appointed to sort

out all the principles of case law and to reduce them to an organized legal system. The result was the most important Federal criminal

legislation: the Canadian Criminal Code, an incomplete collection of

many of the provisions of Canadian criminal law which became effective

on July 1st, 1893. Although many provisions of the criminal law are

not found in it, they may be found in other Federal statutes, such as the Identification of Criminals Act, the Narcotics Control Act, the Explosives Act and the Prisons and Reformatories Act.

The Criminal Code clearly states that Canadian statute

• law is supreme, but that the safeguards of common law still apply unless

Canadian legislation specifically cancels them. Roughly hall of the

Criminal Code deals with procedural matters, ensuring the accused of

a fair and proper trial. The remaining provisions set out the various actions that constitute crimes, along with the punishments the Court may order.

By the codification of the criminal law, offences are defined as to their nature and seriousness and maximum punishments are specified -- within this framework, sentences are set up by the Courts. The Criminal Code gives wide discretion to the Court in determining sentences, but also limits its power by stating maximum

and minimum sentences in certain instances.

•

POLICE

INTRODUCTION

The microcosm that generates all cases for processing in the criminal justice system is the encounters and transactions between police officers and citizens. The law enforcement officer is obliged to protect life and property and maintain peace and order in the community, and the citizens are obliged to assist him.

The history of English law and police systems illustrates the reasons why police departments developed, as well as the influences of the English systems on the Canadian -Police Departments.

History of Police in England

The police service has taken centuries to develop into the system now existing. There are three great stages in the history of the service. At first the people, then comparatively few in number, were themselves responsible for law and order. Then Justices of the Peace, with the assistance of constables, were in charge of the country. Finally, paid professional police forces came into existence to preserve order and enforce the law with local authorities responsible for the policing of their localities.

In the reign of Alfred the Great (870-901), the Earls of the provinces were responsible for the keeping of the "King's Peace". The country was divided into shires (counties) where the Shire Reeve (Sheriff) was responsible to his Earl for keeping the peace. Each shire contained many groups of about ten families and their head man (headbrough) was responsible to the Sheriff for peace and order. This system was a personal and local system in which each free man took an oath to keep the peace. If a man broke the law, he had to reckon with the members of his community. William the First added the duty of collecting taxes to the Sheriff's job. As the feudal baron ruled over his serfs, law and order depended on the power and will of the local lord. The King gave consent to the lords to have their own courts and thus the control of police work passed from the freeman to the baronial nobility. Henry the Second (1154-1189) had the support of the nation in his fights to end this feudal independence of the barons. He restored the system of frank pledge and the Sheriff saw that this system of mutual responsibility was maintained.

Edward the First, in his Statute of Winchester (1285),

provided a definite system fcr keeping the peace. Every man had to have weapons in his house for use in keeping the peace, all were obliged to follow law breakers until they were caught, and a partic-ular number of men had to guard the gates of any town.

In 1195, Richard the First appointed Knights to see that all males over 15 took the oath to maintain peace. Edward the Third, in 1328, directed that they should examine and punish ]aw-breakers and he established the Justice of the Peace as a permanent institution. These Justices were appointed by the Crown and were in charge of public affairs in the counties. The term constable came

about in the reign of Henry the Third (1252) in connection with the keeping of the watch. The constables supervised the watchmen, enquired into offences, served summonses, executed warrants, organized the "Hue and Cry" to chase offenders down, took charge of prisoners, and prosecuted them.

In these early days, the duty of keeping the peace suppressing crime was regarded as a public duty. Even today, every citizen present when a serious crime is committed is bound to arrest the offender or assist an officer who needs aid. England, however, did have paid watchmen and constables. London also had the Bow Street Foot and Horse Patrol, a force originated by the novelist, Henry Fielding, a London Police Magistrate. In 1772, the first officially organized and paid English Police Force was established through the Middlesex Justices Act which established seven new police offices.

At the beginning of the Nineteenth Century, there were, therefore, many types of police officers, controlled by entirely unconnected local authorities. The necessity for an adequate police was- recognized and Sir Robert Peel, the Home Secretary, established in 1829 the Metropolitan Police Force by an Act of Parliament. The English term 'Bobby" still remains as a memorial of his work. His Act established a police office at Scotland Yard from which the new force of paid, efficient policemen was to be supervised by two Commissioners. It was the first police force provided with a definite uniform. From that time on, the Police Service grew and many Parliamentary Acts were passed to improve the system.

— 19 —

CANADIAN LAW ENFORCEMENT

History

Police organizations in Canada began with the colonial period between the Sixteenth and Eighteenth Centuries. The colonists brought with them the methods of local administration which existed in France and England at that time. The French senioral system gave the law enforcement responsibilities to the senioral. The Governor of the English colony was responsible for law and justice in that colony. The conquest of 1763 established English traditions in Canada but the senioral system was allowed to survive in Quebec. There were, then, two sets of laws, but the English had the final word on all criminal matters, while the French could'control civil matters. The colonial Governor had sole power in the passing and administering of laws. The English colonists set up military guards and civilian night watches, but it was difficult to compel citizens to take their turn on watch. This difficulty, and the fact that the night watch only provided protection from 9:00 p.m. to sunrise, made the need for adequate policing most apparent. A day watch was set up but this' led to confusion and rivalry with the night watch. Finally, a paid police force was set up in Toronto in 1835.

ROYAL CANADIAN MOUNTED POLICE (R.C.M.P.)

Brief History

Criminal justice was fragmented until, in 1867, the B.N.A. Act established uniformity. The Federal Government had control over all criminal matters and the Provincial Governments were given control of enforcing laws. The Federal Government did, however, establish a Federal law enforcement body as a result of the illicit sale of liquor to Indians and the increasing number of battles between Indians and white men. On May 23rd, 1873, Parliament established the N.W.M.P. to bring law and order to the vast area between the Great Lakes and the Rocky Mountains. In 1881, the strength of the force was 500. In 1895, the goldrush necessitated further police control and the Force spread out, especially northward into the Yukon. By 1889, the distribution of the Force extended from the boundary with the U.S. to the Polar Sea, and from the Hudson Bay to Alaska. The respect for the Force grew and King Edward VII in 1904 bestowed the prefix "Royal" to their name. In 1920, the name changed to the Royal Canadian Mounted Police. The strength of the Force in 1923 was 1,148 and in 5 Provinces the Provincial Police were replaced by the R.C.M.P.

Present Day Organization

The Royal Canadian Mounted Police is organized under

the authority of the R.C.M.P. Act. In accordance with the Act, it is

headed by the Commissioner who, under the direction of the Solicitor

General of Canada, has the control and management of the Force. Head-

quarters of the Force is in Ottawa.

- 20 -

There are 14 operational Divisions, alphabetically designated, with a headquarters for each,located in Provincial or Territorial capitals, except for "C" which is in Montreal, leA" in Ottawa, and "P" in Vancouver.

The operational Divisions have 38 Sub-divisions and 686 Detachments. Air and marine services within the Force support the operational Divisions as do the two training Divisions, "N" and ”R.C.M.P. Academy" at Depot, in Rockcliffe, Ontario, and Regina, Saskatchewan, respectively.

The manpower strength of the R.C.M.P. exceeds 18,000.

Jurisdiction

Laws made by or under the authority of the Federal

Government, are enforced by the Royal Canadian Mounted Police in all

Provinces and Territories of Canada.

The enforcement of the Criminal Code of Canada, and the

adm4nistration of justice within the Provinces, are the responsibility of the Provincial Governments. The R.C.M.P. enforces criminal and Provincial laws within all Provinces, except Ontario and Quebec. In addition, the R.C.M.P. under contract, provides its policing services to 176 municipalities throughout Canada.

The Yukon and Northwest Territories are policed exclus-ively by the R.C.M.P. where police jurisdiction over criminal offences, Federal statutes and Territorial ordinances has been assigned to the Force.

•

R.C.M.P. IN ALBERTA - "K" DIVISION

Crime Prevention Section

Within Crime Prevention, there are two related functions consisting of Police Community Relations and Native Policing. At "K" Division level (Province-wide responsibility), there are two regular members appointed to co-ordinate activities within these functions. In addition, a member is stationed at Lethbridge, Calgary, Red Deer and Peace River Sub-Divisions with two such members in Edmonton. They assist Detachments in these areas in planning, programming, presenting programs initiating projects, etc. Also, several of the larger Detachments sikh as Sherwood Park, Red Deer and St. Albert, have appointed full-time Crime Prevention Officers.

The Neighbourhood Watch concept, police and community working together, has been formally adopted as the "umbrella" vehicle for presentation of many community self-help programs. Some of these, such as Block Parent, Lady Beware, Ski Check, Operation Identification, Home . Security, etc. are now operating in several communities and expanding rapidly.

The Ministry of the Solicitor General, through the office of the Director of Law Enforcement is working very closely with the Crime Prevention Units. A Crime Prevention Committee composed of representation from the R.C.M.P. and autonomous City Police Forces has been formed to make recommendations to the Director of Law Enforcement, particularly in regard to expending funds on Crime Prevention programs.

Also, under direction of the Crime Prevention Unit is the Indian Special Constable Program. Within the area of Native Policing, thirty-six positions for Indian Special Constables have been authorized with approximately one-third of them filled as of March 1, 1977. These constables undergo a 10-week training course at the R.C.M.P. Training Academy at Regina, Saskatchewan, where some of the subjects such as criminal law, physical training, handling of prisoners, human relations, etc. are taught. They are then posted to Detachments that have a Native Policing responsibility and they have the choice of returning and living on their own reserves.

Canadian Police Information Centre - CPIC

Under R.C.M.P. management, the CPIC system is a computer-ized storage and retrieval facility designed for the sole use of law enforcement agencies on a year-round, 24-hour per day schedule of operations. The system consists of a central automated data bank located within the R.C.M.P. "H.Q." complex in Ottawa, and linked

through a communications network to remotely sited terminals. The data bank contains files relating to guns, securities, articles, stolen vehicles and wanted persons.

Telecommunications Branch

This Branch is responsible for planning, procuring,

installing, operating and maintaining radio and related equipment

used by the Force throughout Canada. It also co-ordinates the installations of inter-communication units, together with telephone

equipment and its accessories.

G.I.S. - General Investigations Section

G.I.S. (General Investigations Section) has offices in all major cities and some small communities throughout Canada, in particular, in the Provinces where the R.C.M.P. act as Provincial Police. These Sections are staffed with highly trained and mobile plainclothes investigators, who almost entirely work in an assistance capacity to uniform police personnel on major and complex cases involving breaches of the Criminal Code and some Provincial and Federal statutes.

These members attend at scenes of homicides, sudden deaths, major' burglaries, safe breakings, and armed robberies. They gather evidence against suspects, arrest offenders, and appear at various Courts to give evidence against the offenders. Other invest-igations which are the responsibility of this support Section are:

(a) Investigate cattle thefts - specific members are employed solely on this function.

(b) Investigate major frauds, forgery, and offences involving counterfeit currency.

(c) . Apprehend armed and dangerous criminals, prison escapees, and attend at scenes involving hostages and mentally deranged persons.

(d) Investigate national and local stolen vehicle "rings".

Crime Detection Laboratories

Six laboratories are in operation across the country to provide forensic science facilities for the benefit of all law enforcement agencies. These facilities are located at Vancouver, Edmonton, Regina, Winnipeg, Ottawa and Sackville.

Migratory Birds Section

The function of this Section is to protect and preserve wildlife in its natural habitat and to promote water safety through public education and enforcement programs.

Security Systems Section

The Security Systems Section is res4ponsible for the

carrying out of physical security surveys of property under a number

of programs; contingency planning; and explosives disposal.

Customs and Excise Section

Customs and Excise Sections maintain offices in all major cities throughout Canada. These Sections are staffed with appropriately trained and mobile plainclothes investigators whose

objective is to reduce the loss of revenue to the Federal Government resulting from smuggling and the illegal manufacturing of illicit spirits through a selective high standard of enforcement.

These members are responsible for all aspects of invest-igation and enforcement of the Customs Act, Excise Act, Customs Regulations, Import Export Permits Act Excise Tax Act, Sales Tax Act and the applicable sections of the Criminal Code. These members also provide assistance to uniform police personnel on cases involving violations of the above Acts and Regulations that they become involved with.

Identification Sections

In "K" Division (Alberta), there are several field identification sections with technicians located in all major cities and towns. Identification members examine crime scenes such as murders, robberies, assaults, break—ins, etc. for physicàl evidence. The technicians photograph all scenes and evidence and take measurements to prepare plans of accidents and major crimes. The area of physical evidence which Ident. handles is mainly fingerprints, footprints, gloye and cloth impressions, and physical matching of any items which can be compared photographically. Each of the Sections has its own darkroom facilities with a complete line of photographic equipment. The services of Ident. are available to all police forces which do not have their own Ident. Section and also to all R.C.M.P. Units in the Province.

Commercial Crime Section

The Commercial Crime Branch which maintains sections in the major cities throughout Canada and is staffed by appropriately trained investigators, is dedicated to maintaining public confidence in the Canadian business and financial community by controlling commercial crimes through effective enforcement and applications of sanction. Some specific investigations undertaken are:

(a) Investigation of fraudulent bankruptcies and related bankruptcy offences;

(h) Investigation of stock manipulations and related offences.

(c) Assistance to Provincial Securities Commission in relation to securities investigations.

(d) Investigations under various Federal Acts such as

Farm Improvement Loan Act, Student Loan Act, Bank

Act, etc.

(e) Investigation of all offences where the Federal Government has been victimized by some fraudulent scheme or act;

(f) Investigations concerning the trafficking in stolen securities and the pledging of worthless securities as collateral.

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"Alert'' - Roadside Alcohol Tester

(g) All complex corporate fraud matters within R.C.M.P.

jurisdiction, which in many cases are interprovincial or international in scope:

Crime Index Section

The Crime Index Section is a regional repository for criminal information and identification data, affiliated with the National Police Services (Ident) Ottawa and funded federally. Locally, they are responsible to the Criminal Investigation Branch at "K" Division Headquarters. Their function is responsible for the storage, retrieval and dissemination of this information and data. Storage and retrieval is accomplished by manual and/or automated methods. The information and data provided by their operation is for the use of accredited law enforcement agencies or police departments as investigative aids. They operate 24 hours a day, 7 days a week. They carry a file state of approximately 125,000 files. Motor vehicle registration and operator licence data is also stored and disseminated as required. A daily

bulletin publication is made to apprise and alert their field personnel

of recent crimes and/or criminal activity which is prevalent in surrounding areas.

Traffic Section

The highways of Alberta are patrolled by men operating from 40 locations across the Province. Their goal is "the safe and expeditious movement of people and goods along Provincial highways". Unhappily, this goal has not been reached. Over 400 people died on

Provincial roads in 1976. 6,500 were injured and property damage

amounted to tens of millions of dollars.

In order to enforce Federal and Provincial traffic laws,

members use marked and unmarked cars, moving mode and stationary radar,

breathalyzers and roadside breath testing equipment. Members receive training in the use of this equipment as well as in patrol techniques,

pursuit driving and technical collision investigation. Increasing

numbers of members are being qualified in Courts as experts at deter-

mining speed from skidmarks and at plotting the path of vehicles in

collisions.

A recent innovation was the establishment of a Freeway

Patrol Unit on Number 2 Highway, between Calgary and Edmonton. This specially trained unit is dedicated solely to patrolling this highway which carries almost one-quarter of all of the Provinèe's traffic.

"Checkstop" is a preventive program participated in

by all police forces in Alberta. Large numbers of vehicles are

checked at roadside checkpoints across the Province. The purpose

of' these checks is to convince everyone who has consumed too much alochol that he or she must not drive. Almost a half million

vehicles were checked in 1976.

Drug Section

The problem of drug abuse in Alberta increased in

1978.

While most trafficking in narcotics is centered in and around the major cities, there is virtually no community in the Province that is free of the problem, despite the concerted efforts of social and law enforcement agencies.

It is estimated that there are from 1500 to 2000 heroin users in Alberta; the majority living in Edmonton and Calgary.

In Edmonton alone, the Drug Section was involved in the seizure of the following amounts of Cannabis products during 1976: Marijuana 890 lbs., Thai Sticks 24 lbs., Hashish 12.5 lbs., Heroin 4% oz, total street value $572,050.00.

The Force continues to be concerned about the 'spin off" of crimes and social problems resulting from drug trafficking and use.

Polygraph Section

It is perhaps because the old terminology for this operation was "lie detector" that the unfortunate connotation still tends to cling and that in the public sector the polygraph is more readily associated with proving guilt that upholding innocence. In fact, as 1976 statistics from the Section indicate, the opposite is the case.

Out of 195 examinations conducted, 131 persons were removed from the suspect category, having proved truthful, thus saving police investigators countless hours of valuable time while contributing to the peace of mind of innocent persons.

Training Section

Newly engaged members of the R.C.M.P. undergo six month of intensive basic training at the Academy in "Depot' Division, Regina, Saskatchewan, prior to being posted to a "training detachment in Alberta. At the "Training" detachment, the recruit trains for an additional six months under the supervision of a senior member. During the recruit's six month field training, he is subject to a series of exàminations and evaluations at the two, four and six month level.

When the members have one and a half to three years service, they receive a two week Junior Constables Course which is a review of existing legislation and investigative techniques. With six to nine years service, they are exposed to a two week Criminal Investigation Course, which deals with specific crimes and investigational techniques.

Members are introduced to the first of a series of manage-ment courses with a Leadership Training Course at the six to nine year service level. This course is primarily designed to develop trainers for the Recruit Field Training Program. When promoted to the rank of Cpl., all Junior N.C.O.s receive a Police Supervisors Course, the second in the management series.

Promotion to the rank of Sergeant qualifies the Senior N.C.O. for attendance at the five week Senior Police Administration Course at the Canadian Police College, Ottawa, Ontario.

Specialized training courses, i.e. Breathalyzer, Accident Investigation, Aircraft Observers, Radar and A.L.E.R.T. are conducted as and when required at the Division level. Firearms training is conducted at the Detachment level at regular intervals.

Members attached to Specialized Branches such as Commercial Crime, General Investigation, Customs and Excise, etc., receive specialized training courses either at the Canadian Police College, Ottawa, or through Centralized Traning conducted by Headquarters, Ottawa, Training and Develop-ment Branch.

Invitations are extended to all major Police Departments in Alberta (except Edmonton and Calgary, who conduct their own training programs) to have their members participate as candidates on most of the "K" Division In-Service Training Courses.

Establishment - "K" Division - Alberta

Regular members - 1,577 Civilian members 98 Public Servants 23

TOTAL 1,911

As of March 31, 1977.

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ppLE OF THE PROVINCIAL GOVERNMENT Alberta Solicitor General)

Law Enforcement Branch

The statute authority of the Law Enforcement Branch given under The Police Act, 1973 is as follows:

"17. In accordance with The Public Service Act, there may be appointed a Director of Law Enforcement who shall promote the prevention of crime and the efficiency of the police service of Alberta and for this purpose the Director of Law Enforce-ment may

(a) carry out the necessary research and planning for and develop projects for

(i) improving the standards for the selection and training of municipal policemen, special constables, by-law enforcement officers and auxiliary constables, and

(ii) the development of any program designed to improve relations between the police and communities;

(b) serve as consultant to the Solicitor General on matters related to crime prevention and law enforcement functions and to perform similar duties, at their request, to municipal police commissions, municipal councils and chiefs of police."

This Act, with amendments passed in 1976, is administered by the Department. Under this Act, the Province provides policing through a contract with the R.C.M.P. for all areas with a population

of less than 1,500. Municipalities with populations in excess of this figure have the option of providing their own police forces, administered by a local police commission, or having their own contract with the R.C.M.P.

53 municipalities with populations in excess of 1,500 have contracts with the R.C.M.P.

•

•

The Alberta Solicitor General provides grants to police forces in the Province for operation purposes. The Department also provides subsidies for policing, training, building and summer villages.

Through the Law Enforcement Branch of the Department, the Solicitor General is responsible for the administration of gun control regulations in the Province and for the creation and co-ordination of the Provincial Checkstop and crime prevention programs.

The Checkstop campaign is a program to reduce the number of deaths caused by impaired drivers on Provincial roads. The program is operated by the individual police forces who report regularly to the Solicitor General on their administration. The Solicitor General supplies support material for the police to use when operating Check-stops and runs a media campaign.

The Solicitor General also administers a Province-wide crime prevention program with the objective of developing effecti;ie preventive projects within individual police forces. Representatives from the R.C.M.P. and independent police forces form a Provincial Crime Prevention Committee to advise the Director of Law Enforcement on proposed projects and their funding.

• Special Constables

Authorization to appoint individuals as special constables

for enforcement of The Highway Traffic Act and Liquor Control Act rests

with the Solicitor General. The Department administers Highway Patrol

Branch operations in 21 locations across the Province. The Solicitor

General also directs the program that appoints special Indian band

constables who operate on native reserves.

Law Enforcement Appeal Board

The Board hears complaints filed by the public and

members of police forces, who are not satisfied by the action taken

on complaints previously filed with police departments.

The statute authority of the Law Enforcement Division

under The Private Investigators and Security Guards Act is as follows:

"2. In this Act,

(a) "Administrator - means the employee in the

Department of the Solicitor General designated

by the Solicitor General

(i) as the Administrator of this Act, or

(ii) as Deputy Administrator to perform any or all of the duties of the Administrator

during the absence or inability to act of

the Administrator or in the event of a

vacancy in the offi ce of Administrator".

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Under the Private Investigators and Security Guards Act, the Department approves and licenses all agencies and individuals operating in the Province.

Policing Indian Reserves

Policing Indian reserves is the responsibility of the Provincial Government. Residents on a reserve are subject to the provisions of the Criminal Code and Provincial statutes, the enforce-ment of which is the responsibility of the R.C.M.P. under the terms of the Federal-Provincial policing agreement. The Federal Indian Act provides authority for the Council of an Indian Band to make by-laws and appoint Band constables who do not possess peace officer authority beyond by-law enforcement.

The Attorney General may appoint Band constables as . special constables with the authority of a peace . officer to enforce,

within the boundaries of the reserve, the non-moving violations of The Highway Traffic Act, and the sections of the Liquor Control Act dealing with intoxication and the illegal possession of liquor except on a primary highway or secondary road. The Band constables must complete a training course conducted by the R.C.M.P., and the enforce-menf of the Acts stated must be carried out as a supplement to services of the R.C.M.P. and under their direction. The cost to maintain the constables is. the responsibility of the Indian Band Council.

The authority of any peace officer applies only to the duties set out in the special constable appointment. Although the appointment does not intend or imply any authority for the enforcement of the Criminal Code of Canada, the appointee should be advised of the rights vested in any citizen under Section 449 of the Criminal Code: to make an arrest in certain circumstances, the right to use force if necessary, and the requirement to deliver the person arrested to a peace officer.

•

•

INTERNATIONAL POLICING

Interpol - International Criminal Police Organization

International crime organizations grew with the beginning of movement of goods, capital and people across national frontiers. Crime ceased to have a purely local character and became international. Therefore, international police co-operation became a universal obligation.

In 1914, Prince Albert I of Monaco convened the First International Congress of Criminal Police, which met to discuss arrange-ments for an international agreement to combat the menace of the inter-national criminal. Unfortunately, World War I broke out and the plan was shelved. After the War ended, the Austro-Hungarian Empire ceased

to exist and was divided up into central European states. The police headquarters in Vienna retained the dossiers and descriptions of

. criminals of the former Empire and the Viennese headquarters became a

truly international bureau. In 1923, the President of the Police of

Vienna invited police authorities of a number of countries to attend the

Second Congress of Criminal Police. 138 delegates from 20 sovereign

countries attended and the Statutes of the International Criminal

Police Commission were laid down:

(1) To ensure and officially promote the growth of the greatest possible mutual assistance among all criminal police author-ities, within the limits of the laws of their countries; and

(2) To establish and develop all institutions likely to contribute to the efficient suppression of ordinary crime.

In 1932, an important paragraph was added to the statutes of the Commission, giving a list of sections considered to be con-stituant parts of the Commission:

(1) The Central International Bureau for the suppression of counter-

feiting of bank-notes, cheques, other securities, and passport forgeries;

(2) The publication "International Public Security";

(3) The department concerned with international criminals (Inter-national Control) and records of persons considered to be dangerous; and

(4) The service dealing with fingerprints and photographs of inter-national criminals.

At the outbreak of World War II, the files of the organization were transferred t(:). Germany and destroyed during the battle for Berlin in 1945. After the War, Paris was chosen as the

new headquarters. By 1956, the membership had increased to 55 countries

and a neW constitution was adopted. The Commission was to be known as

International Criminal Police Organization (Interpol). All activities

of a political, military, religious or social nature were placed outside the scope of enquiries. In each country, a national bureau was set up and was to send the Secretariat all information of international interest; undertake enquiries, searches and arrests requested by other countries; and request similar operations from other countries.

Today, Interpol has a modern radio network of national stations with the central station in Paris. It has in excess of 100 member

countries. Countries outside the organization often co-operate in enquiries received from a member country.

When a person ccmmits a serious offence in one country and flees to another, under certain circumstances, he can be arrested and returned (extradition). Under the Extradition Act, certain principles must be observed;

(1) An Extradition Treaty must exist between the countries concerned and the particular offence must be included in the Treaty and mutual to both countries; and

(2) The offender must be a national of the country concerned.

Persons who have committed offences punishable by 12 or

more months' imprisonment in one part of Her Majesty's Dominions and

have absconded to another part are liable to arrest under The Fugitive

Offenders Act.

•

Impaired Driver Suspect Blowing Into Breathalyzer Machine

R.C.M.P. Fingerprinting During Booking Procedure

•

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AUTONOMOUS MUNICIPAL POLICE DEPARTMENTS

In addition to the metropolitan cities of Calgary and Edmonton, ten other cities and towns operate their own police forces: Lethbridge, Camrose, Medicine Hat, Barrhead, Hinton, Lacombe, Taber, Coaldale, Redcliff and Rimbey.

Organization

The following is a general outline of a basic organizational structure utilized by most autonomous municipal police departments. In cases where the community being served is very smal, the police depart-ments may not be broken down into the many divisions and sections as a larger city police department, although the functions of each of the sections are being carried out on a smaller scale.

Please note that these are categorical names used by most police departments.

Chief of Police

The Chief of Police is the head administrator of the police department who reports all activities to the police commission. One of his more pleasant duties is the presentation of citations to individuals who have aided the police, in the prevention of crime, the apprehension of offenders or who have aided fellow citizens in trouble.

Research and Development Division

This Divisionis directly responsible to the Chief of Police. The purpose of this Divisionis to research and develop improved methods of police service.

Internal Affairs Division

This Division ensures the integrity of the department by assisting the Chief of Police in his responsibility of managerial control.

It investigates allegations of misconduct involving the department and/or its personnel. The Chief of Police and the police commission are also consulted on such matters.

Community Relations Section

The purpose of this section is to identify and interpret community interests and attitudes and to relate these to departmental policies .and practices; thus aiding in the development of a mutual under-standing between the police and the public.

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Some of its services include:

(a) presenting lectures, slide shows and discussions at schools;

(h) distributing pamphlets on various topics of concern to the public which will aid them in the protection of themselves and their property;

(c) providing speakers, films, etc. to public organizations such as service clubs, community leagues, church groups, fraternities and universities.

Personnel and Training Division

This Divisionis responsible for attracting, selecting, developing and motivating qualified employees. Its duties include studying and reporting of staff requirements, recruiting and selecting sworn and civilian personnel, creating and maintaining personnel record and maintaining an effective performance rating system.

Communications Division

This Divisionis designed to provide a communications link between members and to control the response and availability of field units.

Information Division

This Division is responsible for processing and maintaining records relative to police operations and providing technical and scientific assistance in investigations.

As very few police departments have no "Crime Lab", they

make use of the R.C.M.P. crime labs for investigations on toxicology (poison), scrology (examination of blood), ballistics and other detailed

laboratory analysis.

Court and Gaol Division

This Division provides and regulates the detention, pro-

cessing and safekeeping of prisoners. It administers procedures to assist in the operation of the courts and the processing, serving and executing

of court documents.

Patrol Division

gle This Division is usually the largest in any department.

There are two types of working units: . .

- 34 -

,

(a) Complaint and District Patrol Units - are mobilized units assigned to patrol areas and respond to all calls for police assistance;

(h) Beat Patrol Units - are foot beats designed primarily to provide property inspections. These are used mostly in downtown areas and are scarce due to man-power shortages.

Criminal Investigations Division

Members of this Division handle all criminal investigations including those that were initially investigated by the patrol unit and where a satisfactory conclusion had not been reached.

This Division is further divided into the following sections and units:

(a) Crime Against Property Section:

(i) Burglary Investigation Unit; (ii) Auto Theft Unit; (iii) General Assignment Unit;

(b) Crimes Against Persons Section:

(i) Robbery Unit; (ii) Assault Unit;

(c) Special Investigations Section:

(i) Morality Control Unit; (ii) Narcotic Control Unit; (iii) Fraud Investigations Unit; (iv) Intelligence Unit.

Special Operations Division

This division is made up of three sections dealing with specific areas of police service.

1. Traffic Safety Section

This section provides specialized traffic accident investi-gation service and selective enforcement. It is responsible for the

quality and quantity of traffic law enforcement, accident investigation, reporting and safety education endeavours. Patrol constables do initial investigations and the Traffic Safety Section does the follow-up.

•

2. Headquarters Section

This section provides administrative support services:

(a) Tactical Analysis Unit - records all accident situ-ations, other crime situations, statistics analysis, charts and daily print-outs on crimes committed;

(h) Warrant Unit - executes warrants when they arrive from the police departments and courts. The Attorney General must agree to allow the police department to return a prisoner to another department. This often depends on the seriousness and type of crime that has been committed.

3. Crime Prevention Section

This section is responsible for the development and imple-mentation of programs designed to assist the public in making themselves and their property less vulnerable to crime and accidents:

•••

(a) Field Inspection Unit - looks at locks and safety devices on residences and businesses;

(h) Public Liaison Unit - informs the public as to how they can prevent crime.

4. Task Force Section

It provides supplemental operations services of a specialized nature.

(a) Squads - go to vulnerable areas at peak times for surveillance;

(b) Dog Unit - Many police forces make extensive use of police dogs to gain control in crowd fights. They are also used for searching out someone hiding in dark buildings, tracking people, finding hidden drugs, etc.

—36 —

TRAINING OF MUNICIPAL POLICE OFFICERS

Most larger police departments conduct their own training programs for recruits and at the inservice levels.

Smaller police departments which do not operate formalized training programs are generally invited to send police officers to one of the larger cities for participation in their training programs.

The R.C.M.P. also conduct inservice training seminars where autonomous police departments may from time to time send police officers.

Training for new recruits covers •the following areas:

Criminal Law, Provincial Law, City By—Laws, Police Investigations and Related Law, Skills (driving, firearms, etc.), Specific Department Functions, Department Policy, Field Training.

• a

GENERAL POLICE WORK

Function of Police

The primary functions of the police are:

(1) To prevent crime;

(2) To detect crime and apprehend offenders. This latter function involves the gathering of evidence sufficient not only to warrant the laying of a charge against a specific individual, but to establish the guilt of that individual in a Court of law;

(3) To maintain order in the community in accordance with the rule of law for protection of life and property; and

(4) The control of highway traffic has also become an important police function in modern times.

Besides these functions, society also believes that the police have, by long tradition, a duty to befriend anyone who needs their help, and they may at any time be called upon to cope with minor or major emergencies.

Duties

The duties of a police officer include protecting the public, preventing crimes from being committed, and apprehending offenders. The city police enforce Federal, Provincial and municipal laws within their jurisdiction. The Provincial laws they enforce are mainly the Highway Traffic Act and the Alberta Liquor Control Act. The Juvenile Delinquency Act is a Federal law, but the Provinces have the right to establish the age limits.

Police officers are sworn to duty 24 hours a day with a tour of active duty lasting 8 hours, during which the bulk of their work is performed. However, some serious offences may attract the attention of a policeman cff duty. The manner in which the police respond to calls is organized by the Department according to major functions, such as patrol, traffic, and investigations. Most police activities originate with citizens telephoning the police for service.

Patrolmen in a modern police department, are organized around a centralized command where men in cars are dispatched in response to complaints. The patrol inspector assigns the men to a certain patrol

district, however, they do not always stay within that one district, as it may be necessary to dispatch them to wherever they may be required in

the City.

Knowledge of a specific territory and a working partner

relationship are very advantageous to efficient police work. The

Operation Identification - Marking Valuables with Electric Engraver Deters Theft and Increases

Chances of Recovering Stolen Articles

R.C.M.P. Conducting a Crime Prevention Seminar for Community Leaders

Block Parent Providing Details to Police Off icer

-38 -

patrolman, through experience, gets to know an area's trouble spots and people, and comes to know when he is in potential danger or when a situation demands a quick response. HoWever, the majority of all dispatches are routine. An officer's operating territory is generally quite variable and he moves across society's class structure to a surprising degree. A day's work for an officer does not necessarily provide diversity in action, but the weeks and months do. Also, what may seem a crisis to the citizen is often routine for a patrolman.

The complaint from a citizen is the major legitimate avenue of police to private places. When a citizen . telephones the Department, an officer must determine whether the situation warrants the dispatching of a car. The information he must act on may be sketchy or misleading. A patrolman only has cues to work by such as "disturbance at", "family trouble", or "see a woman at". Nine out of ten times a patrolman enters a situation on citizen initiative. In other words, at least one citizen believes that the police have both a legitimate right and an obligation to enter a situation.

Contrary to popular belief, much less time is spent on crime detection and the apprehension of offenders than on other phases of police work. Much work is clerical in nature. The policeman must type reports on every incident he deals with. Much police time is spent in peace keeping functions such as dispersing crowds which interrupt traffic, and breaking up street quarrels or family arguments which seem likely to become violent. Police officers often comment that they dread a dispatch to a family quarrel as the participants may turn against the officer to release their frustrations. They also are wary of a fighting female because they must be very careful how they handle her. Therefore, to protect themselves from an indecent assault charge, a policeman may call a policewoman to help.

Many citizens consider the function of the police to extend beyond peace keeping and law enforcement. Thus, the officer has other duties such as directing traffic, searching for lost children, aiding the injured or sick in emergencies, and generally giving assist-ance in times of trouble, crisis and indecision. Therefore, most calls to the police are regarding non-criminal matters or reporting crimes

*already committed. Thus, the service is not always dramatic but it is always necessary and important to someone.

Police Discretion

The police officer is charged with applying and enforcing a multitude of laws in a manner that maintains a delicate balance between the liberty of the individual and a high degree of societal protection. By exercising discretion, the police enforce the "spirit" rather than the "létter" of the law. The exercise of discretion suggests that the police are required to decide overtly how much of an effort is to be made to enforce specific laws. This initial screening function performed by the police is the key to whether or not a person is to be subject to the criminal justice system.

There are several reasons for the necessity for police

discretion. Given the total amount of criminality in the community,

and the resources with which to cope with it, a full enforcement of

ai]. laws is impossible. The limitation of police manpower and other law enforcement resources such as the Courts, forces the exercise of discretion. Police personnel must determine the manner in which available manpower and equipment will be Used. Greater attention is ordinarily given to more serious crimes and thus less serious crimes may be ignored. If the police arrested all violaters, the Courts would find it impossible to deal with them all, and the policeman would be in Court so frequently that he could not perform his other professional duties. Consequently, he must judge and informally settle more cases than he takes to Court. Thus, a police officer may decide not to make an arrest when action short of arrest may achieve the desired goal. That is, a warning may be sufficient to ensure that an offender will not repeat his offence.

Arrest

This is the taking into custody of a person so that he may

be held to answer for the commission of a crime.

Police may arrest people only under certain conditions laid down by the law. These laws give police the power to do their job but also protect the public from unnecessary interference with their liberty. It is necessary to strike a delicate balance between those powers of police which are needed for effective law enforcement and the right of the citizen to be protected from abuse of power.

In 1968, an interim report of the Ouimet Committee suggested that the discretionary power of the peace officer was not exercised wisely. The Criminal Code was then amended in 1971 by the Bail Reform Act. The basic philosophy behind this Act is to require the peace officer, before arresting a person, to consider whether the public interest may be served by arrest or not. He must consider the need:

(1) To establish the identity of the person;

(2) To secure or preserve evidence of or relating to the offence; or

(3) To prevent the continuation or repetition of the offence or the

commission of another offence.

Thus, there must be a substantial reason for the arrest of the accused.

(a) What Constitutes an Arrest?

Generally, the mere statement by an officer to a person that he is under arrest is not sufficient to constitute a legal arrest

unless it is accompanied by the touching of that person, or if the accused submits to arrest it is not necessary to touch him. Officers

have a right to question all witnesses or suspects and may detain

a person in order to conduct a more effective interrogation. If he

refuses to go and is detained against his will, this will constitute

an arrest. If he consents to go to the station, this will not con-

stitute an arrest.

••••

- 40 -

The Canadian Courts do not set down any strict rules regarding what the police must do during arrest since it is the "general philosophy of Canadian Courts that the police should not be unduly fettered in their investigation of crime".

Any strict rules would severely hamper the police and serve no real purpose for the accused. An officer does not have to tell the accused he is under arrest unless asked. (They are strongly advised to do this and do not only if the accused is unable to under-stand (drunk, drugged, fighting).)

(h) Arrest Without Warrant

English law has long recognized the duty of all citizens to assist in the capture and arrest of criminals. This duty is based upon the "King's Peace , a concept introduced by Norman Kings which required citizens to apprehend criminals.

In criminal law, there are 2 types of offences:

-- indictable or serious crimes

-- summary conviction or less serious crimes.

(i) Power of Arrest -

1) Public -

According to Section 449 of the Criminal Code, anyone may arrest without warrant:

(a) a person whom he finds committing an indictable offence, or

(b) a person who, on reasonable and probable grounds, he believes

1. has committed a criminal offence, and

2. is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Further to Section 449, anyone who is

(a) the owner or a person in lawful possession of property, or

(h) a person authorized by the owner or by a person in lawful possession of property,

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

Anyone other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

-41 -

Where a private citizen chooses to ar'rest without a warrant, he runs the risk that if the person arrested is innocent, he will be held liable for damages for false imprisonment, unless he can prove he had reasonable and probable grounds to believe the accused had committed a criminal offence. Suspicious circum-stances are not enough to prove this. A "criminal offence" is one punishable by summary conviction or indictment, but does not include violations of Provincial statutes.

2) Police - (Section 450 of the Criminal Code)

A peace officer may arrest without a warrant:

(a) A person who has committed an indictable offence or who, on reasonable and probable grounds, he believes has committed or is about to commit an indictable offence;

(h) A person whom he finds committing a criminal offence; or

(c) A person for whose arrest he has reasonable and probable grounds to believe that a warrant is in force within that territorial jurisdiction in which the person is found.

The power of a peace officer to arrest one he believes is about to commit an indictable offence is much wider than the power which he possessed at common law. This type of arrest is inconsistent

with the common law principle that no man should

be deprived of his liberty unless he has committed a wrong. It also creates difficulties for the policeman who arrests the accused but cannot hold him without a charge. However, these powers are necessary to prevent the commission of crimes which can be foreseen.

It is the duty of anyone arresting a person to inform him of the reason for arrest except if this reason is obvious to the accused. However, if

asked by the accused why he is being arrested, the arresting person must tell him. The accused must be informed that he is under no compulsion to make a statement, but that if he does, this may be used as evidence in Court. It is an indictable offence to refuse to aid an officer after being asked to assist him in arresting a person or preserving the

peace.

Additional Instances

. A police officer may arrest without warrant anyone whom he finds keeping a common gambling house.

1

A person in charge of a vehicle, aircraft or vessel can arrest anycine he finds gambling, reasonably believes was gambling, or attempting to induce others to gamble on such a public conveyance.

(ii) Limitations of Power of Arrest

It is the duty of the peace officers to exercise discretion properly. A police offfter shall not arrest a person without a warrant for:

1) An indictable offence mentioned in Section 483 (an indictable offence within the absolute jurisdiction of a magistrate)

2) An offence for which the person may be prosecuted by indictment or for which he is punisable on summary conviction, or

3) An offence punishable on summary conviction, in any case where

4) he has reasonable and probable grounds to believe that the public interest may be satisfied without arrest. That is, if he does not need to arrest the person to establish identity, secure or preserve evidence, prevent continuation or repetition of the offence; to ensure the accused will appear in Court, he may issue an Appearance Notice to cause the accused to go before a Provincial Judge. Thus, the peace officer must consider two issues - the public interest, and likeli-hood that the accused will appear in Court.

If the peace officer decides not to arrest, he may:

1) Prepare and serve the accused with an Appearance Notice, or

2) Attend before a Justice of the Peace and seek the issuance of a Summons directed to the accused compelling him to appear in Court at a specific time and place.

An Appearance Notice must contain:

1) The name of the accused;

2) The charge;

3) The time and place where the accused is to attend Court (usually in 4 weeks time. He must also go to the station within 2 weeks for identification - fingerprinting).

The peace officer must, therefore, decide on the charge at the scene of the incident. He later swears to the information on the Appearance Notice before a Justice of the Peace (this is usually at the end of his shift).

(c) Duties After Arrest

A private citizen who arrests someone must deliver him to a police officer. A police officer takes the accused to the sergeant in charge at the station, and explains why he has arrested the accused. The sergeant has the following duties:

(1) He may release the person unconditionally if he is satisfied that the continued detention of the person is no longer necessary.

• (2) He may release the person upon delivering to him an Appearance Notice, upon his giving a promise to appear or upon his entering into a recognizance.

(3) He may take the accused into custody and present him before a Justice of the Peace within 24 hours or as soon as possible. The accused is allowed a telephone call, if he requests it.

. A person can be arrested in a Province other than the one in which he committed an offence. He is taken before a Justice within whose jurisdiction he was arrested. If the Justice is satisfied as to identity of the person he may remand him to the custody of a peace officer to await execution of warrant for his arrest to be issued from the Province where he is wanted. The Justice authorizes its execution within his jurisdiction by making an endorsement upon the warrant. A warrant must be executed within 6 days after the accused is remanded into custody.

If the person is held overnight and is being charged with an indictable offence, he is photographed and fingerprinted. The police provide full meals for the detained person.

(d) Laying of an Information

An "Information" is the legal document stating the offence with which the accused is charged. It constitutes the basis of every prosecution in a criminal court. Anyone may lay an information charging an indictable offence as long as the informant has reasonable and probable grounds to believe that the allegations are true. The informant must swear on a bible before the Judge that the allegations are true. The Appearance Notice given to the accused by a police officer is a type of information. The Judge who hea'rs the information has no discretion whether or not to receive it. He also is required to hear submissions by the informant as to whether or not a Summons or Warrant should be issued. He may hear witnesses as well. If the Judge decides that the matter does not warrant Court action, the case is dropped. If he feels it does call for Court action, he issues either a Summons or a Warrant depending on the seriousness of the offence, whether the accused is a local citizen, et cetera.

— 44 —

He usually issues a Summons in the first instance, unless it is necessary in the public interest to issue a Warrant for the arrest of the accused.

A Warrant would be issued where the accused fails to appear in Court in answer to a Summons, Appearance Notice or promise to appear; is evading service of a Summons; or has committed an indictable offence after his release.

(e) Warrant

A Warrant is directed to all peace officers within the

issuing Justice's jurisdiction, which is usually the entire Province.

It will order the accused to be arrested and brought before a Justice

of the Peace, and remains in effect until it is executed or withdrawn.

In another jurisdiction, a peace officer must swear that the signature

of the issuing Judge is authentic. However, any peace officer to whom

the Warrant is directed may arrest the accused in any other jurisdiction

if that peace officer is freshly pursuing the acCused.

A Warrant must be served on the accused at the time of arrest, providing it is the first process that is issued after the information has been laid. Where a Summons was issued first, followed by a Warrant where the accused did not respons on the Summons, there is no need to serve a copy.

(i) Coroner's Warrant

After an inquisition into the death of a person and the jurors have rendered a verdict accusing someone of murder or manslaughter, the coroner may issue a warrant for the arrest of the accused. He must be taken as soon as possible before a Justice and the coroner then transmits the evidence taken at the hearing.

(f) Summons

A Summons is an order of a Justice of the Peace, addressed to an accused person directing him to appear at a specified time and place to answer a charge. A Summons, like a Warrant, may not be issued until an information has been sworn out against the accused. The Summons must state the charge and be signed by the Justice. Service of a Summons

must be made personally on the accused by a peace officer (personal service) or if the accused cannot conveniently be found, it may be left at his last or usual place of abode with someone who appears to be over 16 years old (substitutional service). The latter is seldom used as a

question may result as to whether the accused received his Summons.

A Summons which is directed to a municipal corporation may

be served upon any chief officer, secretary, treasurer or clerk of the

corporation. For other corporations, a Summons is served on any executive

officer at head or branch offices.

Any information may be received, and as a Summons, issued

and executed on a Sunday or statutory holiday.

•

SEARCH AND SEIZURE OF PROPERTY

(a) Specific Powers

Common law from the earliest times has supported the right of every citizen to privacy and security against arbitrary searches or seizures of his property. Unless the police are in possession of a Warrant or some other specific authority, they have no right to enter private premises.

The general power to issue a search warrant is conferred upon a Justice of the Peace. He may issue a Warrant authorizing the search of a place and the seizure of anything relating to or affording evidence of an offence that has been or is intended to be committed.

(i) To Obtain a Search Warrant -

An information upon oath must be sworn before the Justice. It must describe the articles to be searched for and state the related offence. The informant must swear that he has reasonable grounds for believing that certain articles are in a building. A search warrant is not lightly granted by a Justice for he must be satisfied there are "reasonable grounds".

The person executing the Warrant is not limited to seizing only those articles described in the Warrant, if he has reasonable grounds to believe that other articles have been obtained by, or used in the commission of an offence. Evidence obtained as a result of an illegal search is still admissible in Court.

Only the person to whom the Warrant is directed is author-ized to conduct the search. If he is refused entry after he has made a formal demand, he may break into the premises. A search warrant may only be executed within the juris-diction of the Justice who issued it. If the premises are in the jurisdiction of another Justice, he may endorse it and then it can be executed by all peace officers in that jurisdiction, as well as the officer to whom it was originally directed. Unless otherwise authorized, the Warrant must be executed during the daytime, Any articles seized must be brought before a Justice of the Peace who will order it to be preserved until the conclusion of the investigation. If proceedings (Preliminary Inquiry or Trial) are commenced within 3 months, or the articles are not to be used for an investigation or Trial, they are returned by a Judge's Order. Anyone who considers themselves aggrieved by the

Order may appeal it. Anyone may examine the articles by applying to a Judge who may or may not grant the application.

•

(ii) Search Without a Warrant -

A peace officer who on reasonable grounds believes an offence has or is being committed with respect to any provisions of the Criminal Code pertaining to prohibited or restricted weapons, may search, without a Warrant, a person or a vehicle or a place other than a dwelling house. He may seize any firearm or ammunition if the holder does not have a permit. The Attorney General may apply to a superior court of jurisdiction for a Warrant authorizing the seizure of any offensive weapon or ammunition if there are reason-able grounds for believing it to be in the interest of the public.

(iii) Written Application -

A peace officer who suspects that a gaming house, bookmaking, ' lottery or common bawdy house is being carried on, may apply

in writing to a Justice for a search warrant. This Warrant will authorize the officer to enter and search the place day or night, and to seize any evidence of the specific offence. He may also take into custody any person who is found in the place. Again, anything seized must be brought before a Justice.

A Justice may issue a Warrant to a peace officer to search for a woman in a bawdy house, or for precious metals which have been unlawfully hidden. However, he may search without a Warrant a place he has reasonablè grounds to believe contains registered timber, to deter- mine whether or not the timber is kept with the owner's knowledge or consent.

In addition to the Criminal Code, there are Federal (Narcotic Control Act) and Provincial (Liquor Control Act) statutes which confer power on Justices of the Peace to issue a Warrant to search for evidence relating to these offices.

Therefore, an officer can search a car if he believes that a drug or alcohol is illegally kept there. He may seardh a woman's purse if he has grounds to believe that she has illegal possession of drugs, alcohol or stolen property. (Usually if she resists the officer will call a policewomên to protect himself from indecent assault charges).

If any situation requires immediate action, a peace officer can search a person or a place but he must be able to prove in Court that he had reasonable and probable grounds.

m•

(iv) Search of Person -

A peace officer does not need a warrant to search a person if he has reasonable and probable grounds to believe that person has or is about to commit an offence and may have evidence or weapons on him. It is very important for an officer to search thoroughly anyone in custody and immed-iately after arrest.

(b) Extraordinary Powers of Search

(i) Writ of Assistance

At common law, the writ of assistance was used to recover possession of land. In Canada, the writ was used exclus- ively when many people were making and selling illicit spirits. Many R.C.M.P., for example, were given a "blanket search warrant" to search any place, at any time, for illicit spirits.

In Canada, 4 Federal Acts - The Customs Act, The Excise Act, The Narcotic Control Act, and The Food and Drug Act, author-ize the issuance of a writ of assistance. It may be issued to a member of the R.C.M.P. or an officer in the services of the Federal Government, to be in effect as long as that officer holds the office by virtue of which the writ was issued. The writ need not be related to any particular suspected offence and will continue to operate throughout the whole career of the officer to whom it is issued. Application for the writ is made to a Judge of the Federal

Court of Canada.

In the past, problems arose because too many men held these writs and they were not recalled when men changed positions in the Force. Today, very few writs are issued and most are given to men in charge of drug investigation. There is much controversy today about the use of writs. As a result, the R.C.M.P. are extremely careful who is issued a writ, and how it is used. However, this power is necessary because immediate action is often imperative for the apprehension of offenders of these Federal Acts.

•

POLICE TRAINING ON A NATIONAL BASIS

The Canadian Police College

The mission of the Canadian Police College is "to effect or stimulate, within Canadian Federal, Provincial and municipal law enforcement agencies, improved individual and organization effectiveness and growth through the planning, development and implementation of specialized and/or managerial training, development and educational programs, and the provision of related research information and advisory services".

An advisory committee made up of a representative from each Province, the Federal Ministry of the Solicitor General and the Canadian Association of Chiefs of Police, advise the Commissioner of the Royal Canadian Mounted Police on matters of policy, planning and priorities. The Advisory Committee will hopefully become a means whereby closely co—ordinated Federal and Provincial approaches to.training, along with the establishment of police selection and training standards, may be accomplished.

To achieve these aims , the college has expanded into newer and better facilities which include a new academic building and a new 121—room residence tower, dining hall and a swimming pool. The college will develop the capability of providng police department with advisory and research services in matters of selection, manpower development and

training. A repository of related research material will also be expanded for easy access by all police forces.

•

—49 —

EXERCISES AND STUDY QUESTIONS

1. How can the public become involved with the police in preventing crime?

2. What are the police officers' powers of arrest?

3. How much force cari a police officer use to effect an arrest?

4. When does a police officer lay an information?

5. How are fingerprints obtained?

6. List ways in which the individual citizen can aid the police in preventing crime.

•

THE COURTS

A. The Role of the Courts in the Governmental Process

All legislation originates either in the Federal House of Commons, the Provincial Legislatures or with Municipal Government. The Courts act as the final stage to complete the law enforcement which is originated by Government. In Canada, the Courts do not legislate but they do, to their interpretations, develop the laws. That body of law, known as the common law, is sometimes referred to as "judge—made" law and is a development throughout the years by judicial interpretation.

B. The Criminal Court in the Criminal Justice System

"The Criminal Court is the central institution in the Legal—Justice System. It is the agency around which other agencies have developed and to which these agencies are primarily responsible. Through the interpretation and practice of law, the Court - controls the criminal process. Law enforcement agencies are limited and/or modified by the Court, and the evaluation of the convict by the Correctional System is determined by the Court's sentence.

The Court is expected to convict and punish offenders, and to ensure that the innocent and unfortunate are not oppressed. It is expected to control the use of force and to find which of two conflicting narratives is the true one. As such, the Court is more than an operating agency; it is also a reflection of the societal norms and values."

(Socio—Legal Statistics in Alberta; p. 37)

The Court's two major functions are: firstly, adjudication or trial to determine whether or not an accused actually committed the alleged offence for which he is charged and; secondly, to determine the disposition of offenders.

In all cases, the task of the Court is to look at the circumstances or the facts and to decide whether the person who committed the particular act intended to do wrong or whether the harm he did was unintentional or whether there was some legal justification for the crime.

C. The Administrative Structure of the Criminal Courts in Canada

In Canada, criminal offences are established by a Federal Act — the Criminal Code of Canada. Although the laws are passed by the Federal Government, most of the laws are administered by the Provincial Government. The Court of final resort in Canada is the Supreme Court of Canada.

••••

Except for the Province of Quebec, which was given special powers under the British North America Act and the Criminal Code, the structure of the Criminal Courts in the Canadian Provinces is almost identical. Adults are dealt with in the Criminal Court and juveniles are dealt with in the Juvenile Courts. The Trial Courts.for adules are established on a three tier system with trial jurisdiction distributed between:

(1) The Provincial Court (formerly called the Magistrate's Court);

(2) The District Court (called County Court in some Provinces); and

(3) The Supreme Court of the Province . (sometimes called the Court of Queen's Bench or the High Court).

Each Province also has an Appellate Division of the Supreme Court to which appeals are taken froen the other three Courts. Quebec does not have a District or County Court.

Offence

Police

Undetected

Court

Correctional Institution

Community Correctional Centre

TeMporary Absence

Fine Option

Parole

Mandatory Supervision

— 52 —

(ADULT) CRIMINAL JUSTICE PROCESS IN ALBERTA

f------Unreported

eoe..............--...e..........' é------ No Action

Bail or Recognizance

4—u----Acquittal

I Unsolved

Charge Laid

Detention

Fine

Fine Option

Suspended Sentence Probation

Absolute Discharge

Conditional Discharge

•

Stay'of Proceeding

• -53 -

PROVINCIAL COURT

In some Provinces the Provincial Court is called the Magistrate's Court. In Alberta, the Provincial Court is presided over by a Provincial Court Judge and there is no provision for a jury. Alberta, British Columbia and Ontario use the designation Provincial Court, while in Quebec this function is performed in part by the "Court of Sessions of the Peace" or Municipal Courts. All other Provinces refer to their Provincial Court as a Magistrate's Court.

Although the Provincial Court is the Court of original jurisdiction, it would be incorrect to describe this Court as a minor Court or one lacking in importance. Provincial Courts in Canada have greater jurisdiction in criminal matters than similar Courts in any other part of the world. It is the heart of:Canadian practice .of the criminal law and over 90% of the criminal cases heard by all Courts are disposed of at Provincial Court level.

The Provincial Court is not an ivory tower separated from community influence because it is bound by the rule of law and the very nature of the Provincial Court causes it to be involved in many aspects of community life. Every day it deals with the enforcement of the traffic law:the excesses of youth, alcoholism, drug âddiction and the day-to-day parade of misbehaviour by people of all levels of society.

A Provincial Court Judge has absolute jurisdiction to deal with some offences and in some cases,with the consent of the accused, a Provincial Court Judge may deal with some of the more serious offences. The less serious offences (summary conviction offences) and some of the more serious offences (indictable offences) are tried by the Provincial Court Judge. If the accused consents, some of the more serious crimes may be tried by the Provincial Judge but the most serious crimes such as treason, murder, rape, etc. must be tried by the District or Supreme Court. As a result of the absolute and consent jurisdiction of the Provincial Court Judge, most cases are tried at the Provincial Court level.

Where a Judge does not have absolute jurisdiction or where the accused does not consent to be tried by a Provincial Court Judge, the Provincial Court Judge must hold a "preliminary inquiry" to determine if there is enough evidence to justify the accused being tried in the District or Supreme Court.

DISTRICT COURT

The District Court of Alberta is a Superior Court of general jurisdiction both civil and criminal and with or without a jury. Unlike District Courts or County Courts in other Provinces, the District Court of Alberta has an unlimited monetary and geographical jurisdiction. It also hears appeals from the Provincial Courts in summary conviction matters. The Court does not have the plenary jurisdiction of the Supreme Court but its judges are local judges of the Supreme Court by special appointment.

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The District Court has equal jurisdiction with the Supreme Court in all criminal matters except certain specified offences consisting principally of high treason, offences against Her Majesty, offences relating to the security of the State, piracy and murder.

District or County Courts in other Provinces have varying jurisdiction determined by the laws of the respective Provinces and in most Provinces, the District or County Courts reside in their particular District. In Alberta, the District Court Judges reside in the principal cities and go on circuit throughout the remainder of the Province.

SUPREME COURT OF THE PROVINCE

The Judicature Act of Alberta, established a Superior Court of civil and criminal jurisdiction to be known as "The Supreme Court of Alberta". This Court has two branches or divisions, the Trial Division and_the Appellate Division.

The Court possesses within the Province all the jurisdiction, powers, privileges and authority formerly held by the Supreme Court of the Northwest Territories and by the Superior Courts in England on July 15, 1870. This gives the Court not only the jurisdiction specifically given to it by statute law but also by the common law including the "inherent" jurisdiction which belonged to the English Courts.

In matters of criminal law, the Court's jurisdiction and procedure is governed by the Criminal Code of Canada. The Trial Division has jurisdiction to try any indictable offence and sole jurisdiction to try certain offences such as treason, seditious offences, hijacking and murder. Generally a Superior Trial Court sits with a jury in the most serious offences but in Alberta the Court sits on any offence without a jury if the accused so elects.

The Appellate Division of the Supreme Court (in some Provinces called the Court of Appeal) hears criminal appeals of indictable offences from Trial Courts and appeals from the District Court on summary

conviction offences on which that Court has held an appeal by "trial de

novo" from the Magistrate's or Provincial Court. The Appellate Division makes its judgement from the original evidence heard by the Trial Judge.

The Appellate Division of the Supreme Court of Alberta (or, as it is commonly known, the Court of Appeal) is a Court consisting of Eight Judges and a Chief Justice. A quorum of Judges for any Sittings of this Court is three, although in important cases five Judges may near an appeal.

The Court sits alternately one month in Calgary and one month in Edmonton.

The Court hears appeals from sentence imposed and from convictions or acquittals and appeals maibe brought by a convicted person or by the Attorney General in the event of an acquittal.

The Court of Appeal does not hear witnesses unless in exceptional cases it requires some evidence to be called. The Court has before it the transcripts of all the evidence taken at trials.

The Court of Appeal is, generally speaking, the Court of last resort in criminal matters except a further appeal may be made to the Supreme Court of Canada under certain specified circumstances.

The foregoing relates to appeals in criminal cases. The Court of Appeal also hears appeals from Judgements or Orders made in civil cases which cases do not involve punishment, but which determine di'bputes between citizens.

SUPREME COURT OF CANADA

The Supreme Court of Canada is the Federal Court of Appeal. Normally the only cases that are heard by the Supreme Court of Canada are appeals from the Appellate Divisions of the various Provinces. Normally, proceedings cannot be commenced in this Court as all cases must be con-ducted originally in the Provincial Courts. Because it is the final Court of Appeal in Canada, it hears appeals from the Appellate Divisions of the Provincial Supreme Courts and the Federal Court (formerly called Exchequer Court).

In criminal cases, an appeal may only be made to the Supreme Court of Canada in cases in which an important point of law or the constitutional validity of a statute is involved.

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COURT STRUCTURE

I Supreme Court of Canada

- Hears Appeals Only 1

Appeals

Supreme Court of Alberta •

Trial Division Appellate Division

- Hears Serious Criminal Cases - Hears Appeals Only - Adjudicated by - Judge alone

- Judge and Jury I\

District Court

1 Provincial Judge's Court

- Court of Original Jurisdiction - Tries al]. Summary Offences - Tries less serious Indictable Cases

Trial

- Conducts preliminary hearings for most serious offences to determine if there is enough evidence for trial in District or Supreme Courts

- Hears Appeals from Provincial Judge's Court - Tries Indictable Offence Cases

Trial

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CRIMINAL COURT PROCEDURE

1. Classification of Offences

The Canadian Criminal Code classifies all crimes into two classes according to their seriousness. Indictable offences involve the more serious crimes such as murder, treason and other crimes against the security of the nation. Summary conviction offences are the less serious offences, such as theft under $200. There are some cases where the Crown has the right to elect the method of trial and to declare that they are considering the offence as indictable or summary. Generally, penalties for indictable offences are more serious than they are for summary con-viction offences.

The distinction between the two types of offences is ' significant as the type of offence affects:

(1) The mode of trial;

(2) The appeal procedure; -

(3) Whether or not the accused is eligible for Legal Aid;

(4) The possible sentence.

2. Pre-Trial Procedures

(a) Judicial Interim Release

(i) History

Historically, the local Sheriff had a wide discretion to grant bail to prisoners but gradually this power was transferred to Provincial Judges. The term "bail" is no longer used. The proceedings are now referred to as judicial interim release.

Today, the right of an accused to be released prior to trial is no longer the discretionary decision of a Judicial Officer because the Criminal Code guarantees the right to seek interim release before trial.

(ii) General Principles

Interim release refers to the system whereby an arrested person is released pending his trial. The fundamental principle of judicial release is that an accused person should not be held in gaol pending trial providing a Judicial Officer is satisfied that there is sufficient inducement to ensure the appearance of the accused in Court.

Usually a person is not arrested when he is stopped by a

Peace Officer and suspected of having committed an offence. He is given

an "Appearance Notice" which requires him to appear in Court at a speci-

fied time. If the accused is arrested, he is taken to the police station

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and if,after inquiry, a Peace Officer is satisfied that the accused is not involved in any criminal activity, the accused will be released immediately. If the Peace Officer believes that the accused has committed an offence, the Peace Officer may release him pending the appearance of the accused before a Judge. This power is sometimes given to the arresting Peace Officer or the Officer in charge of the police station. There are some instances where a Magistrate or a Justice of the Peace is required to attend at the police station to release an accused person.

Under the judicial interim release provisions of the Criminal Code, an accused person may he detained irLcustody if the following conditions are satisfied:

1. His detention is necessary to ensure his attendance in Court in order to be dealt with according to law;

2. That his detention is necessary in the public interest or for the protection or safety of the public.

If the Justice is not satisfied that these two conditions exist, theaccused must be released as soon as possible.

In determining the public interest, the Justice considers:

(1) The identity of the accused and his previous record;

(2) The nature and seriousness of the offence;

(3) The likelihood that an accused might re—offend.

An offender with previous convictions who had previously failed to appear in Court would be an unlikely candidate for judicial interim release.

Judicial interim release can be accompanied by conditions stipulating that the accused:

(1) Report to a designated person;

(2) Remain in a specified jurisdiction;

(3) Notify a designated person of any change in address, employment or occupation;

(4) Abstain from communicating with witnesses or other named persons except on specified conditions;

(5) Deposit his passport;

(6) Comply with other such reasonable conditions as the Justice considers desirable.

There are three types of judicial release used in Alberta. The simplest type is a "promise to appear" wherein the accused will be released if he gives his word that he will appear in Court on a specified date. This type of release is usually avail-able to those who commit the less serious offences and to first offenders.

The second type of judicial interim release is where the accused is released on his own recognizance (or undertaking). The Justice declares that a specified amount of money must be paid

- to the Crown if the accused does not appear before a Judge on a specified date. The money is not immddiately produced and it is only paid if the accused fails to appear. The next type of release is where a specified amount of money or securities must be deposited by the accused or someone else as security that the accused will

. appear for the Court hearing. The money or securities must be paid to the Court before the accused may be released. The money or security is returned in full if the accused appears at his hearing and all adjournments but the money or securities are liable to forfeiture if the accused does not appear. This type of interim release is employed where the accused is not ordinarily resident in the PrdVince or does not ordinarily reside within one hundred miles of the place in which he is in custody.

If the Justice does not release the accused, the accused is held in detention overnight but the accused must be taken before a Provincial Judge within 24 hours or if one is not available as soon as possible. Upon application by the Prosecutor, an accused can be detained for three days before the application for interim release is heard and unless the accused otherwise consents when he is ordered detained in custody, the matter must be brought back into Court and dealt with every eight days. The safeguard is provided by our criminal justice system so that an accused will not remain in custody for a long term without being dealt with by a judicial officer.

If a Prosecutor makes application to keep an accused person in custody, he may introduce evidence to prove that the accused:

(1) Had previously been convicted of a criminal offence;

(2) Had previously been charged with and is waiting trial on another criminal offence;

(3) Had previously failed to appear in Court while under interim release.

Persons detained in custody or pending trial may have their detention reviewed by a Judge if their trial has not commenced or if they have committed an offence for which they may only be released by a Judge of the Supreme Court of the Province. An accused may apply for a hearing to determine whether or not he should be released from custody. If the Judge crders his release pending trial,

the accused may enter into a recognizance or undertaking with con-ditions. Only a Judge of the Supreme Court of the Province may release persons accused of the more serioms offences.

Persons held in detention for a very short period of time (one or two days) are usually housed in a police station or gaol but if they are detained for a longer period, they are detained in a Provincial Correctional Institution.The accused are brought from the cCrrectional institution to Court where they are held in holding cells pending their appearance in Court. After their Court appearance if they are not released, they are returned to the correctional institution.

3. Indictable Offence Procedure

When an offence is classified as an indictable offence, the procedure that is followed decides the Court in which the offence is tried.

The most serious indictable offences may only be tried by a Supreme Court Judge and jury except in Alberta, where a Supreme Court Judge without a jury may try the accused. A Judge of the . Supreme Court of Alberta has the option of deciding whether the case is a proper one to be tried without a jury and in certain cases, the

Judge may decide that the case Should be tried with a jury and in

some instances, the Crown may elect to have a jury. Some of the less serious indictable offences such as theft under $200 are tried by a Provincial Court Judge.

An accused person charged with any other indictable offence (those outside of the absolute jurisdiction of the Provincial

Judge) has the right to select his mode of trial. He may elect to be tried:

(1) By a Provincial Court Judge;

(2) By a District Court Judge or by a District Court Judge and jury;

(3) By a Supreme Court Judge or a Supreme Court Judge and jury.

If the accused does not elect a mode of trial, he will

be deemed to have elected to be tried by a Supreme Court Judge and a

jury.

(a) Pleas

Every person accused of committing a crime or an offence

is required to appear before a Provincial Court Judge. If the Judge

has absolute jurisdiction over the offence or if the accused elects to

be tried by a Provincial Court Judge, the charge is read to the accused

and he is called upon to plead to each charge before the Court. The

accused may plead guilty, not guilty, or he may enter one of the special

pleas. In addition, he may refuse to plead.

gl, (i) Plea of Guilty

An accused may plead guilty in Provincial Court to all

charges except the most serious (treason, alarming Her Majesty, intimidating Parliament, mutiny, sedition, piracy, hijacking, murder).

A Judge of the Provincial Court may not accept a plea of guilty for

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these serious offences and if a plea of guilty is offered, the plea will be recorded as not guilty.

It is very important that all persons appearing in Court understand and appreciate the full significance of a guilty plea. If an accused pleads guilty, he is admitting the charge and if at some later time in the proceedings he adds some statement to the plea or raises some doubt that the guilty plea is an unqualified plea, the Court will refuse to accept it and the Clerk of the Court will be directed to accept a plea of not guilty and the Judge who has heard the evidence that is offered will disquality himself from the case. The guilty plea should be made by the accused himself and not by his Counsel.

A guilty plea operates as an admission of all of the essential elements which the Crown would be required to prove. After the plea is recorded, the Judge will want to hear in open Court the circumstances surrounding the offence so that he can satisfy himself that the accused knows exactly what he is doing when he enters a plea of guilty and that he understands the exact nature of the offence and the usual penalty. The guilty plea is sufficient in itself to sustain a conviction without the introduction of evidence although a Court may permit a guilty plea to be withdrawn at any time before sentence if_it appears that the plea was entered in error.

(ii) Refusal to Plead

If an accused refuses to plead or seems uncertain as to the correct plea, the Judge will order the Clerk of the Court to enter a plea of not guilty.

(iii) Special Pleas

The Judge will determine the merit of a special plea before the accùsed is called upon to plead further. If the Judge dismisses a special plea, the accused must plead either guilty or not guilty unless it is one of the more serious offences where a plea of not guilty is entered on behalf of the accused.

(a) Autrefois convict and autrefois acquit. These pleas are based on the principle that no person can be charged twice for the same crime. If charged again for the same offence, an accused can plead autrefois convict (meaning I had been convicted previously for the same offence) or autrefois acquit (I had been acquitted for the same offence previously) and this is a complete defence to the new charge.

To qualify for this defence, an accused must have received a final verdict on the first charge and also the second charge must be substantially identical to the first charge.

Ile (iv) Withdrawal of Plea of Guilty

The accused has the right to withdraw his plea before

he is sentenced but only with the permission of the presiding.Judge.

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The Judge will conduct an inquiry to satisfy himself that the first plea was voluntarily made and that the accused knew what he was doing when he entered the plea. The decisions made by the Judge at this stage as are most decisions of a Provincial Court or Trial Judge, are subject to appeal to the Appellate Division.

(b) The Preliminary Inquiry

A Preliminary Inquiry is conducted by a Provincial Court Judge in all indictable offences where the accused elects to be tried by a Judge or a Judge and jury or in those more serious offences which must be tried in the Supreme Court. It is not a trial and it is not a determination of the guilt or innocence of the accused. A Preliminary Hearing is a protection to the accused as it is a screening process to determine if there is sufficient evidence to require the accused to stand trial for the offence charged. If there is not sufficient evidence to satisfy the Judge that the accused should stand trial, the matter is dismissed and the accused does not have to stand trial for the offence.

At a Preliminary Hearing, the Crown must bring forth sufficient evidence to satisfy the Justice that there is sufficient evidence to put the accused on trial. The accused is under no oblig-ation to call evidence or to give evidence. The accused and/or his dennce counsel have the right to cross-examine the Crown witnesses to obtain full particulars of the Crown's case. The accused or his counsel may call witnesses on his behalf if he wishes and these witnesses may be cross-examined by the Crown Prosecutor.

After all the evidence for the Crown has been taken, the Judge addresses the accused and asks him if he wishes to say anything to the charge and warns him that he is not bound to say anything and

that if he does say anything, it may be taken down in evidence and may

be used as evidence at the trial.

The Judge will then either commit the accused to stand trial at the next sittings of the Court which has jurisdiction to try the matter or the Court may discharge him. In order to commit, the Judge must ask himself "Is there sufficient evidence to justify the trial of the accused?". Unlike a trial, if the Court has any doubt, it will usually commit the accused to stand trial.

4. The Trial

(a) History of the Trial

With the abolition of trial by ordeal in 1215 in England,

the system of trial by jury developed. Juries were both witnesses and

judges of the facts in this early period, and decided on an accused's

guilt or innocence on the basis of their own knowledge or upon the

accused's reputation in the community. Also, witnesses could only be

called on behalf of the Crown and could not be called to give evidence

for the defence. Furthermore, the accused did not have the full right

to retain counsel, nor to cross-examine witnesses or to argue points of

1aw.

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—63 —

Towards the Eighteenth Century, the accused was allowed to cross—examine witnesses in criminal matters, although they could not address the jury. In 1836, the accused became entitled to the full right of counsel.

Today, the Canadian Criminal Code entitles the accused to make full answer and defence personally or by counsel. The Criminal Code does no more than ensure that an accused who has retained counsel will be able to have his assistance at the trial. It does not assert pre—trial rights to counsel. The denial of the right to counsel by an accused results in an acquittal only where the accused has been prejudiced thereby.

(h) Empanelling the Jury

After.the Preliminary Inquiry, the documents are forwarded by the Clerk of the Provincial Court to the Clerk of either the District or the Supreme Court who is advised that the accused has elected trial by jury and the Sheriff then takes the necessary procedure to assemble the jury for a jury trial. A list of eligible jurors is received from municipal authorities and approximately 100 jurors are summoned to appear in Court for the empanelling of the jury. The prospective juror is called and both the Defence Counsel and Crown Prosecutor may challenge each individual juror. Unlike the procedure in the United States, jurors are not examined by Defence Counsel or Crown Counsel and the process of empanelling a jury is normally completed in about 30 minutes. The jurors are challenged until 12 jurors are selected as being acceptable to both the Crown and the Defence. Each juror is then sworn.

In Alberta, jurors may be male or female and of any occupation and in areas near Indian reserves, there are usually Indians on the Jury.

During the course of the trial, if a Judge is satisfied that a juror should not continue to act as a juror, the juror may be discharged but the number of jurors may not be reduced below 10.

(c) Procuring the Attendance of Witnesses

A person who is likely to give material evidence at a

trial may be required to do so by a subpoena which is a Court document served upon him requiring him to attend in Court and to bring with him any writings related to the subject matter of the proceedings before the Court. The witness must remain in attendance throughout the trial

until excused by the Judge.

Following a Preliminary Inquiry, if the accused is

committed to stand trial, the Judge may require any witness whose evidence at the Preliminary Inquiry was material to enter into a

isecognizance to give evidence at the trial. If the witness cannot

comply with the terms of the recognizance, he may be committed to gaol until the trial is completed.

If a witness fails to attend Court in response to a

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subpoena or fails to remain in attendance throughout the proceedings, the Judge may issue a warrant for his arrest compelling the witness to appear. If the witness refuses to be sworn, to answer questions or to co-operate with the Court, the Judge may commit him to gaol for up to eight days and if, following that period, he still refuses to be sworn or give evidence he may be committed for a further period of eight days.

(d) Trial Procedure

A jury trial commences with the opening address of the Crown to the jury in which the Prosecutor summarizes the facts upon which the Crown intends to establish itsicase and it will outline briefly the evidence of each witness to be called. The Crown then calls witnesses which are examined by the Crown and then cross-examined by the Defence Counsel. When the Crown has called all of its witnesses, the Defence Counsel then addresses the jury and out-

• lines briefly the nature of the defence. Defence t'en calls his witnesses who are subject to cross-examination by the Crown Counsel. Cross-examination is designed to test the accuracy of the evidence of the Crown witnesses and for the further purpose of eliciting further information from the witnesses which may be of benefit to the accused.

The Crown Counsel decides which witnesses to call and the practice in this Province is for the Crown Counsel to call all witnesses who have any relevant evidence even if it favours the accused. The Courts require the Crown to be fair in its presentation of its case. If the Crown Counsel does not wish to call a particular witness, he will merely put the witness in the stand to be cross-examined by the Defence Counsel. Over the centuries, rules of evidence have developed which are designed for the purpose of protecting an . accused from hearsay evidence or other questionable evidence. At the conclusion of the Crown's evidence, the Judge must decide whether sufficient evidence has been adduced to require the accused to give evidence. If the Court is not satisfied that there is sufficient evidence, the Judge will direct the jury that there is insufficient evidence to require the accused to enter his defence and the accused is discharged. If there is sufficient evidence, the Judge then puts the accused to his election as to whether or not he wishes to call evidence. The Defence may either call evidence in contradiction of the Crown's case or it may call no evidence. If the accused chooses to call evidence, Defence Counsel will first address the jury, then

the defence witnesses are called to be examined firstly by the Defence Counsel and then cross-examined by the Crown Counsel.

After the prosecution's case has closed and the defence has moved to dismiss a charge for insufficient evidence, the Crown .

cannot, without the consent of the Court, re-open its case to attampt to prove matters which it failed to prove during the trial.

At the conclusion of all evidence, the prosecution and the defence present their arguments to the jury and both Crown Counsel

and Defence Counsel must limit their remarks to evidence adduced at the

trial. Counsel may not express their personal opinion with respect to

the guilt or innocence of the accused or the failure of the accused or

his/her spouse to testify.

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When both sides have completed their arguments to the Jury, the Trial Judge summarizes the case to the jury and it is the Judge's duty to firstly instruct the jury on all questions of law and the jury is required to follow these instructions. Secondly, the Judge is entitled to express his opinion as to the importance of the evidence offered and as to the credibility of witnesses. He must make it clear to the jury that they are not bound to accept the Judge's opinion concerning the facts. In commenting on the facts, the Judge cannot merely review the cases presented superficially but must review the substantial parts of the evidence and give the jury the theory of the defence and of the prosecution so that they may appreciate the value and the effect of that evidence. In addition, the Judge should draw to the attention of the jury such factors appearing from the evidence as may be used in defence of the charge even though Counsel did not raise the point.

If an accused has admitted under cross-examination that he has been previously convicted, the Trial Judge must instruct the jury that they cannot consider the accused's record in determining his guilt. Such evidence can only be considered for the purpose of assess-ing the credibility of an accused.

Finally, the Judge must tell the jury that the burden of .proof is always on the Crown and that they must acquit the accused if they have reasonable doubt as to his guilt. The Judge also instructs the jury as to the various verdicts that it may return.

(e) Jury Deliberations

After the Judge sums up the case and charges the jury, the jury retires to the jury room to consider its verdict. These deliberations are conducted in secret and a juryman may not reveal the nature of the deliberations. It is an offence for any member of a jury to disclose any information relating to the proceedings of the jury when it is absent from the Courtroom.

The jury's verdict must be unanimous, either for a conviction or acquittal of the accused. This principle arose from the rule requiring twelve witnesses to swear to a prisoner's guilt before he could be convicted. This principle has remained unchanged.

If the jury is unable to agree on a verdict and the Judge is satisfied that it would be useless to retain the jury, the Judge will dismiss the jury and he may direct that a new jury be empanelled. Juries that cannot agree on a verdict are known as "hung juries".

When the jury decides on a verdict, it rettirns to Court and the foreman of the jury is called upon by the Judge to pronounce the verdict. If the accused is found not guilty, he is discharged but if he is found guilty, the Judge imposes the appropriate sentence.

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5. Summary Conviction Procedure

All summary conviction offences are tried by a Provincial Court Judge without a jury and the accused does not have the option to be tried by any other Court. Generally, the maximum punishments for summary conviction offences are a $500 fine and/or six months imprison-ment.

Proceedings are commenced in Provincial Court by the laying of an Information which may be sworn by any person who either has personal knowledge that an offence has been committed or reasonable and probable grounds to believe that an offence has been committed. A person charged with a summary conviction offence may appear in Court either by person, by Counsel, or by his agent, but the Court may require an accused to appear in person. If an accused does not appear when required in Court, the Court may either issue a warrant for the arrest of the accused to have him brought into Court or in some instances the Court may proceed to hold an "ex parte" trial but before an ex parte trial can be held, the Court must be satisfied that the summons was served upon the accused within a reasonable period before the appearance was required. A not guilty plea is entered by the Court and the Crown then leads its evidence and if, after hearing the Crown's case the Judge is satisfied of the guilt of the accused, he is found guilty.

When an accused person appears in Court, the charge is read to him either by the Judge or by the Clerk and the accused is asked whether he pleads guilty or not guilty. If a guilty plea is entered, the Court records a guilty plea. If a not guilty plea is entered or if the accused refuses to plead, a trial date is established or the trial may proceed forthwith. In summary conviction cases, the accused is usually not in custody and he is usually remanded upon his own recognizance to return for trial on a specified date. The accused can be retained in custody until tried. This is a most unusual procedure.

There is no statutory limitation on the number of adjourn-ments that the Court may make before a trial is held and providing the Crown and Defence agree, there is no restriction as to the length of an adjournment.

Normally, an adjournment cannot be for more than 8 days This restriction does not apply where the Court adjourns to consider its decision or to impose sentence.

If an accused person appears to be mentally ill, and there is evidence of at least one medical practitioner to this effect, an accused may be remanded for mental examination for a period not exceeding thirty days.

At the trial, the informant or a Prosecutor conducts the prosecution of the case by examining the witnesses. The burden of proof is always on the Crown to prove its case beyond a reasonable doubt. If

the Crown produces sufficient evidence, the Defence will then elect whether or not it wishes to call evidence. If the prosecution has

failed to produce sufficient evidence against the accused, the accused

is under no obligation to defend himself.

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If the accused enters a defence, he has the right to answer to the charge and to call witnesse.s on his own behalf. The prosecution may cross-examine each defence witness and, at the conclusion of the case for the defence, to call evidence in reply. After all the evidence has been presented, both the prosecution and the defence sum up their case to the Judge.

The Judge may then either convict the accused, dismiss the charge, convict the accused of an included or lesser offence or make an order against the accused. The Court may take time to consider its decision but if it does so, it must fix a time and place at which the verdict will be given.

Appeals of summary conviction offences are to either the District Court or to the Supreme Court by way of a stated case. The evidence taken at the summary trial is considered by the District Court Judge and normally the Provincial Court Judge's decision will not be reversed unless he erred in a point of law or misinterpreted the facts. A District Court Judge may also alter a sentence imposed by a Provincial Court Judge. Appeals by way of Stated Case to the Supreme Court are on a point of law only and this procedure is not used very often.

There is a further appeal from either the District Court or from the Supreme Court Judge who hears the Stated Case. These appeals are taken to the Appellate Division and they must involve a question of law.

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Scene from Provincial Court

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DISPOSITIONS USED BY THE COURTS

Hi sto ry

The severity of the criminal law before the Nineteenth Century sought to create an atmosphere of terror as a warning to anyone who might commit offences. Stern Judges took traditionally stern measures against offenders. Punishment was brutally meted out for two reasons:

(1) Retribution theory, a form or revenge against offenders, held that an accused should suffer for.his crime and pay his debt to society.

(2) It was believed that punishment should be severe enough to deter others from committing similar crimes.

The cruelty and horror of the punitive practices in imprisonment brought a revulsion, bringing the criminal law under serious attack by a number of reformists. Reform, based on a human-itarian viewpoint, followed. Today, reformation of the criminal is recognized by the judiciary as a vital factor in sentencing offenders. Retribution is generally no longer a determining factor in punishment, except for vicious crimes. The Court will consider imprisonment where it is evident that neither reformation nor deterrence will have any significant effect on him.

Over the past century, there has been a trend to increase the discretion of the Court in sentencing by reducing the specific-ations of minimum sentences, by increasing the power to suspend sentences and by substituting fines and probation for prison terms.

The purposes of the criminal law and the purposes of sentencing and dispositions are intertwined. The purposes of the criminal law imply ideological approaches to sentencing and dispos-itions whereby, in administering justice, the Courts must state what societal and/or individual values are at stake and what is involved in any particular offence. The criminal law is a way to express and uphold society's attempts to protect its core values and to hold people responsible for their acts. The intervention of the state may be justified as serving the common good when it is limited by considerations of fairness and justice to both the community and to the victim and his family. In considering fairness and justice to all concerned, there is a need to individualize sentences and a need to promote reconciliation between the offender, victim and society. The sentence must take into account the gravity of the offence, but it must also leave room for restitution and rehabilitation.

How does a Judge determine what is an appropriate sentence for a crime? The primary criteria the Judge must consider in reaching such a decision are:

(1) The nature and gravity of the offence;

(2) The number and recency of previous convictions;

(3) The penalties imposed by the Criminal Code;

(4) The deterrent effect of punishment to the prisoner and to others, and to what extent it will be effective;

(5) Any extenuating circumstances which may appear from the evidence must be given serious consideration;

(6) Consideration is given to the rehabilitation of the accused.

When considering a sentence, the Court is presented with the accused's past criminal record and pre-sentence report. Generally, a normally appropriate sentence for a particular offence will not be increased because of a previous record, but the Court

. will consider a previous record where the accused persists in criminal activity. In this case, a more severe sentence may be imposed.

When imposing sentence, the Court cannot consider the fact that the offender may leave prison in a shorter period of time than the sentence meted out.

(i) Absolute and Conditional Discharge

Any person who pleads or is found guilty of an offence not punishable by a minimum punishment, maximum imprison-ment term of fourteen years, or a life or death sentence as prescribed by law, may be absolutely or conditionally discharged. The accused has been found guilty of the offence, but has not been convicted of the offence. Such a disposition may be given when the Court feels that it is in the best interests of the accused and that it is not contrary to public interest. A pre-sentence report is usually prepared by a Probation Officer for the purposes of assisting the Court in determining whether the accused should be so discharged.

If granted an absolute or conditional discharge, the accused can truthfully answer that he has not been convicted of the offence, although it will still appear on his criminal record until he applies to have it erased. An accused may have a conditional discharge revoked, and may be sentenced for the offence relating to it, if he is convicted of any subsequent offences. However, if he has received an absolute discharge and commits another offence, the discharge cannot be revoked and a conviction cannot be entered for that offence. The Crown is entitled to appeal discharged cases as if the accused was convicted of the offence.

(ii) Cancellation of a Privilege or a Right

•The Court has the discretion to cancel any privileges

or right's of persons found guilty of certain offences.

Offenders may lose or be deprived of any property used in committing the offence. For example, under the Games Act, an offender may have his gun confiscated.

(iii) Binding Over

The Judge may order an offender 'Ito give a recognizance to keep the peace". The offender will have to deposit some money or sign a bond which will be returned if he has not misbehaved for a specified length of time. The use of this type of Court disposition has diminised because it put offenders who could not afford the recognizance in a position of double jeopardy: the Court would punish an offender for being poor.

(iv) Fines

Fines have a wide application in the Courts because they are flexible and adjustable to the offence and circumstances. The number of times an offence is committed, its seriousness and

' many other factors determine the amount imposed. The Court may levy any fine from trifling amounts to an infinite amount, although the amount is usually reasonable in relation to the offence.

In cases of default of payment, imprisonment terms may_be imposed. They are reduced proportionally if a proportion of the fine is paid.

The Court can order that the fine be paid immediately, if it believes the offender has sufficient means or if for any reason it deems it expedient, not to allow time. Otherwise, the Court may allow time for payment and extend further time for payment.

(v) Restitution and Compensation

The Court has the power to order an offender to make restitution of unlawfully obtained goods or money to their rightful owner and/or to pay victim(s) any amount in the way of damages for any injury caused to the victim and/or to pay compensation to aggrieved persons for the loss of or damage to property arising out of the commission of the offence.

(vi) Suspended Sentence

The Court may suspend the passing of sentence and direct

that the accused be released upon the conditions prescribed in the Probation Order.

(vii) Probation

Probation is a vehicle for rehabilitation of the offender: it is a positive sanction, a method of treatment rather than punishment of the accused constructive in principle and practice.

•

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Probation means that the offender need not serve the sentence if

he keeps the peace, is of good behaviour and complies with any other conditions the Court designated for the specified length of time. The offender is required to observe certain requirements under the supervision of a Probation Officer with respect to residence, employment, reporting and law-abiding conduct.

Before disposing of the case, the Court may postpone proceedings to obtain a written report from a Probation Officer to assist the Court in its final decision. Fuller knowledge of the offender as a person is best supplied by the pre-sentence report that provides the social history of the person, either with or without a recommendation for sentence. The offender's age and character, the nature of the offence and the circumstances surrounding its commission will be taken into account. The conditions of the Probation Order are then set by the Judge to ensure that the offence is not repeated and to aid the offender in his rehabilitation. A Probation Order contains the conditions that an offender keep the

' peace, be of good behaviour, comply with any conditions the Judge designates and appear before the Court when required to do so. It will specify the period of its duration which may not exceed three years.

If the terms of the Probation Order are not complied with or if the offender is convicted of another offence before the expiry of the probationary period, he can be brought back before the

Court for breach of probation and be sentenced for the earlier offence that was suspended, or it may vary the Order's conditions and extend its period. The Court may also absolutely or conditionally

relieve the accused of any optional conditions which had previously been prescribed.

(viii) Imprisonment

Deprivation of liberty can take place in gaols, reform-

atories, prison camps. reform schools and other specialized institutions

deemed to be in the best interests of the convict. Offenders sentenced to Federal penitentiaries are only those who receive imprisonment terms

of two or more years, whether the term is one full term of more than

two years or two or more consecutive terms which total two or more

years. "Life" is usually not more than twenty years, unless it is the

commutation of a death sentence or the punishment for a non-capital murder. Those sentenced to terms of less than two years will be confined in Provincial Correctional Institutions.

The Criminal Code defines five general divisions of

maximum sentences of imprisonment for indictable offences. They are

life, 14 years, 10 years, 5 years and 2 years. Where no punishment is

designated for an indictable offence, the offender cannot be imprisoned

for more than five years. Imprisonment for summary conviction offences

cannot exceed six months, except where otherwise provided by law. The

Code also provides for certain minimum imprisonment terms for certain

offences.

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Sentences may be served consecutively or concurrently. Concurrent sentences are generally ordered where the offences are committed together within a short time period: the Court sets one over—all sentence rather than many short consecutive sentences. If the offences are totally unrelated and took place at separate times and places, consecutive sentences are generally imposed. A sentence cannot be imposed to run consecutively to add up to a life imprison-ment term.

An imprisonment sentence begins to run from the time it is imposed, but if the offender is not in custody at this time, it will begin to run when he is taken into custody. In determining sentence, a Judge may take any time already spent in custody as a result of the offence into consideration.

All sentences of imprisonment with hard labour, have been dropped by the Criminal Code. However, any reference to - hard labour' does not invalidate a sentence.

(ix) Preventive Detention

Preventive detention means custody in a penitentiary for—an indeterminate period either before or after conviction or sentence until possible release by the Parole Board. This type of sentence is imposed on those persons convicted of an indictable offence, in place of any other sentence or in addition to any expired sentence, who have been found to be habitual criminals. An habitual criminal is defined as an adult who has been convicted of three indictable offences punishable by terms of five years or more on three separate occasions and is leading a persistently criminal life or who has previously been sentenced to preventive detention. To determine whether an offender is leading a persistently criminal life, the Court looks at the time of the commission of the crime and the types of crime committed. If a considerable period of time has elapsed between offences, the commission of the current crime is inadequate proof that the accused is leading a persistently criminal life at the time. The commission of criminal acts need not be continuous in order to be habitual. The nature of the offence and the circumstances surrounding its commission may be material in light of the accused's record.

The Court must also consider that such a sentence be necessary for public protection: the offence should be so grave a menace that he be deprived of freedom for the remainder of his life so society will be protected. The Court must impose a preventive detention sentence on an offender convicted of sexual crimes such as

rape, carnal knowledge, indecent assault, gross indecency, bestiality, buggery or an attempt to commit any of these offences and upon those who are found to be a dangerous sexual offender" (a person who has shown failure to control his sexual impulses by his conduct in any

sexual matter and who is likely to injury anyone through this inability).

Since a preventive detention sentence is not a sentence

imposed upon conviction for a criminal offence, no further appeal lies

to the Supreme Court of Canada, but the offender may apply for leave

to appeal to the Supreme Court of the Province.

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7. Appeals

(a) History

The earliest appeal practices postponed the pronounce-ment of sentence in difficult cases to refer the matter for discussion to an informal meeting of Judges. Eventually, these informal gatherings were replaced by the Court for Crown Cases Reserved which was comprised of Judges. This Court only determined questions of law that arose in trials and not questions of fact.

Since 1923, all Canadian Provinces and Territories have a Court of Appeal that hears and determines criminal appeals. The right of appeal from any Court is not inherent and exists only where expressly conferred by statute, especially in summary conviction proceedings.

(b) IndictableOffence Appeals

All appeals in cases of indictable offences must first be taken to the Court of Appeal for the Province. The offender has the right to appeal:

(1) On any ground involving a question of law;

(2) On any ground involving a question of fact, if a certificate is received from the Trial Judge stating that the case is a proper one for appeal;

(3) On any sufficient ground that satisfies the Court of Appeal; and

(4) If sentenced to both, he may appeal on any ground involving a question of law or fact.

Wrong decisions on a question of law might be:

(1) If the Judge misdirected or failed to direct the jury or himself (where he sits alone);

(2) If the Judge permitted the Crown to introduce inadmissible evidence, such as testimony based on hearsay or involuntary confession;

(3) Irregularities during the course of the trial prejudicial to an accused's fair trial. An example of this would be if the Judge prevented an accused from making full defence by restricting his right to cross-examine witnesses.

The question of whether there is any evidence at all to support a conviction is a question of law. The issue of whether or not there is sufficient evidence to sustain the conviction, once it is established that some evidence exists, is a question of fact.

•

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(c) Appeals by the Accused

Appeals from "conviction" and from "sentence" are two separate steps. Generally, the Court of Appeal does not interfere with convictions where an Appellant feels the conviction was reasonable, if there is ample evidence to convict him. It must allow an appeal where the evidence fails to establish guilt with the necessary certainty. In other words, if it is felt that a jury would have a reasonable doubt upon review of the evidence, then an appeal must be granted.

The Court of Appeal will dismiss an appeal if it believes there was no substantial miscarriage of justice, even if it feels the Trial Judge erred on a question of law, but the Crown must satisfy the Court that the verdict would necessarily have been the same in such instances. For example, if improper evidence has not left any doubt in the Court's mind as to the accused s guilt, the appeal will be dismissed. If the Court's decision could have been influenced by the improper evidence, the appeal must be allowed.

An accused may appeal any sentence unless it is one fixed by law. Sufficient grounds for interfering with sentence are:

(1) If a wrông principle was acted on or if a substantial element was not considered;

(2) Where the sentence is clearly inappropriate to the offence and to the accused's record;

(3) Where extenuating circumstances or fresh evidence appear after the trial;

(4) Where Appellate Court can equally or better consider an approp-riate sentence. For example, a sentence may be varied if full circumstances of the issues were not brought to trial.

(d) Appeals by the Crown

The Crown's right to appeal to the Court of Appeal against a Judgment or verdict of the acquittal of an accused extends only to questions of law. For example, a new trial will be ordered where the Court of Appeal decides that the Trial Judge improperly rejected the Crown's evidence.

As a general rule, the Court of Appeal will not inter-fere with sentences Merely because it feels it would have imposed a different sentence. Sentencing is a matter of Judge discretion and should not be disturbed unless the Trial Judge proceeded by a wrong principle.

(e) Introduction of New Evidence in Appeal Court

The Court of Appeal will not hear new evidence unless under exceptional circumstances. The Court will generally order a new trial where new evidence is raised on appeal. In order to introduce fresh evidence:

(1) The evidence must not have been available at trial;

(2) The evidence must be material to the issue;

(3) The evidence must be credible;

(4) The Court must consider if there may have been reasonable doubt in the minds of the previous Court as to the Appellant's guilt if the new evidence had been given at the previous trial.

(f) Appeal to the Supreme Court of Canada

No appeal, neither by the Crown nor the accused, lies to the Supreme Court of Canada against sentence. The ground of appeal must raise a question of law. The Supreme Court of Canada limits the appeal to the grounds upon which the Judge of the.Appeal Division of the Provincial Supreme Court dissents.

•

EXERCISES AND STUDY QUESTIONS

1. What is the system of appointing Justices of the Peace, Magistrates and Provincial Judges, and what qualifications do they require?

2. What facilities and services are available to the Court .to aid in sentencing?

3. What guidelines does a Provincial District or Supreme Court Judge use in imposing sentence?

4. Where a convicted person obviously needs some type of treatment, what facilities does the Court use?

—77 —

Legal Aid Plans

Some Canadian Provinces have Legal Aid programs for people who require legal advice but cannot afford to pay for the services of a lawyer. These plans are operated officially in many Provinces and on a voluntary basis in other Provinces. The Federal and Provincial Governments and the legal profession co—operate to provide this service: the Governments pay the costs of the services and the Provincial bar associations administer their operations.

The "Alberta Legal Aid Plan" became effective on January 31, 1972. The fundamental principle of the Plan is

"that every person is entitled to receive such legal representation and assistance as a man of modest means could provide for himself."

Essentially, the Plan assures that no person should be deprived of necessary legal services because of the lack of financial means. Designed as a service to disadvantaged persons who require legal assistance, financed by public funds, the Alberta Legal Aid Plan is -not intended to subsidize persons who can afford to pay for their own defence counsel or who pursue doubtful defences.

To achieve the objectives of the Plan, an assessment of each applicant is made to determine both their financial status and their necessity of legal service. Certain eligibility require-ments must be met. Protection is provided for those who cannot afford a lawyer and who may lose either their freedom or their livelihood. In criminal matters, only persons charged with indict-able offences, juvenile delinquencies and summary conviction offences that may result in an imprisonment term, the loss of the means of earning a livelihood or those that involve other special circumstances that would warrant legal aid will be considered. It does not cover such offences as those under ,he Liquor Control Act, the Highway Traffic Act, common assault charges or first and second offences of possession of a narcotic. The Plan does provide for counsel in all Crown appeals of indictable offences, bùt applications are subject to review when a defendant wishes to appeal, in order to determine if the case merits legal aid.

Completely free choice of counsel is denied to recipients, except in the case of murder charges, as the Plan

operates on a roster system so all lawyers will participate in it

at the reduced fees. A legal aid lawyer provides the same quality of service to a legal aid recipient as to a regular paying client.

Legal Aid is not free: recipients sign a promissory

note to the Legal Aid Society. Although clients are not expected to pay if they are not able to, they are expected to contribute as

much as they possibly can to help finance the costs.

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Student Legal Services

Basically, Student Legal Services is a group of

volunteer law school students at the University of Alberta who

provide free legal advice and legal education programs to persons unable to obtain legal assistance through the more traditional

channels.

Offices are manned by volunteer law students in their first,

second or third year of law, who interview people, firstly to determine whether they fall within our income guidelines and secondly to determine whether the legal problem the person faces is something which would be covered by Legal Aid or for which regular legal assistance would be available. If the person falls within the financial guidelines and no other source of legal help is available and the matter is something a student acting under the guidance of a practising lawyer might be able to assist in, then the case is handled by the student and advice given or Court work provided. The type of case handled in each of these offices varies from matrimonial -matters to contracts to Small Claims Court procedure and summary conviction, criminal and quasi criminal offences.

In addition to the case work offices, Student Legal Services produces legal education materials for laymen. Two of the

most recent publications are the Layman's Law Book, a compendium of legal information written for laymen and those working in Community Service agencies with laymen, and the Landlord and Tenant Handbook,

a summary of Alberta's present Landlord and Tenant Law and Rent Control Law.

Currently under production is a book on Victim's Rights, a book on Social Assistance, and a book on Small Claims procedure. Student Legal Services has a women's project, which concentrates particularly on legal reform in the area of women's rights and upon legal education on matters relating to women.

Student Legal Services has a Corrections Law project

which attends regularly at the Fort Saskatchewan Correctional

Institution to assist inmates with legal problems and which researches

and educates people on the rights of inmates. A branch of the

Corrections Law project is the Juvenile Law project. Last summer

this project arranged for Student Legal Services workers to attend

at the Juvenile Detention Centre and other juvenile facilities for

the purpose of advising juveniles of their rights in the juvenile

law system. This project will continue with similar visitations to

the extent that it has not been replaced by the inauguration of

the Juvenile Court duty counsel program. The Corrections Law project

will also be undertaking an educational program at Fort Saskatchewan

for both inmates and guards, on areas of concern in the law to those

involved in the correctional system.

Student Legal Services has a reform project which has

concerned itself with'matters relating to pollution, consumer rights,

in particular tax discounting and landlord and tenant law.

The publishing wing of Student Legal Services has co-operated in producing materials for use in schools, various radio programs, including the regular series heard weekly on the CBC, and provides speakers on various topics, as requested.

During the summer months, Student Legal Services has approximately thirty-five full-time workers who engage in a number of legally related activities and the programs vary from year to year, depending on the need for services and the co-operation received from the various community agencies with whom we work.

Student Legal Services has consistently advocated the extension of legal aid services where persons' legal rights are subject to infringement and is always attempting to co-ordinate its

. activities with Legal Aid to avoid overlap and to provide legal services to all those people who require them, but are unable to afford them.

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ALBERTA SOLICITOR GENERAL

CorreCtional Services Division

Introduction

The family, church and school are well known institutions which, among other functions, attempt to mediate and deal with various types of social problems.

The Justice System also is used to mediate, resolve and respond to those forms of social conflict which have been defined, by legislative process, as unacceptable; the problems stemming from behaviour which violates the rights of others and cannot be tolerated without some form of formalized Government involvement.

The Correctional Services Division deals with a great number of people in a wide range of circumstances involving prevention, protection of the public and assisting those in conflict with the law to achieve successful personal and social adjustment in society.

Alberta Correctional Services Division of Alberta Solicitor General deals with those defined as adults and has Provincial responsibility for:

(a) the provision to the courts, upon request, of background information on convicted persons prior to sentencing;

(h) the provision of probation and parole supervision and counselling services to offenders against the law;

(c) the safe custody and detention of inmates;

(d) the supervision, treatment and training of inmates with a view to their ultimate rehabilitation in society;

(e) the promotion and assistance of programs designed to prevent and reduce crime within the community; and

(f) the provision of a broad range of options and alternatives to the court at the time of sentencing, such as work in lieu of a fine, performance of community service, restitution to a victim or similar alternatives.

For administrative purposes, there are two Branches within Correctional Services known as Institutional Services and

Commuhity Corrections. •

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INSTITUTIONAL SERVICES

This Branch is responsible for the care and custody of persons sentenced to less than two years' imprisonment as well as the detention of those awaiting trial, sentencing or deportation.

These Institutions are labelled Correctional Institutions.

In Alberta, they are:

Fort Saskatchewan Correctional Institution Peace River Correctional Institution Calgary Correctional Institution Calgary Remand and Detention Centre Lethbridge Correctional Institution Nordegg Base Forestry Camp

Provincial Correctional Institutions

Institutional Programming ••••

In the spring of 1975 the Alberta Correctional Services as a pilot project instituted a team concept at Fort Saskatchewan Correctional Institution. This team consisted of five (5) sections, namely, Classification, Community Release, Counselling, Psych/Medical and Recreation. In June of 1976, all Correctional Institutions in the Province implemented this same concept to enable the system to have a

consistency in the delivery of service to those individuals sentenced to Alberta Correctional Institutions.

The departmental philosophy and goal in the establishment of these teams was that it was necessary to establish a system that could facilitate the return of the individual to the community under the most optimum of conditions at a time when it is most beneficial to him/her as well as the non-Institutional community.

Classification Section

The Classification Section, within 24 hours of his arrival, completes an Initial Classification of the inmate. This includes gathering and examining information on his family and community relation-ships, circumstances relating to his present offence(s), prior arrests, educational and work history, social habits, a security rating and recommendation (maximum, medium or minimum for appropriate placement within the facility), as well as an assessment as to a suitable program plan for the individual while incarcerated.

Within one month of his arrival, a Comprehensive Classification is completed which is a compilation of all possible information such as Pre-Sentence Reports, Psychiatric Reports, Living Unit Reports, etc., that will expedite a meaningful assessment of the inmate and the finaliz-ation of a concrete program for him. In this process, there is involvement from all sections as well as Correctional Officers.

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Thereafter, at one-month intervals, the individual is re-classified to ensure that appropriate treatment recommendations are occurring and where necessary adjustments.in program design are made.

Community Release Section

This Section maintains a liaison with a wide range of resource people such as Vocational and Educational, Alcohol and Drug Recovery personnel, etc., to ensure that inmates who have been identified as in need of such services, have access either via Temporary Absence or upon discharge.

Gone are the days when an inmate would be discharged with the proverbial dollar and the clothes on his back,as the Institutions have taken the moral responsibility of attempting to ensure that inmates are not released to conditions that would be conducive to their return to the Institution. In all cases, prior to an individual's release, his caseworker ensures that he has suitable accommodation, clothing and finances and, if necessary, for individuals who are physically incapable of employment

'or will not be receiving immediate remuneration from an employer, a Welfare Referral is arranged.

Counselling Section

The Counselling Section is responsible for all inmates sentenced to six (6) months or more. This Section provides a caseworker to each inmate with a view to providing him with insight into his behaviour and helping him to modify such in order that he be able to function more adequately upon his discharge from the Institution. This objective is pursued through individual and group counselling that may involve counselling related to many areas. For example, Marital, Child Care and Custody, Financial, Legal and other matters that have a bearing upon the inmate's present and future circumstances are given careful consideration. As well, the inmate's family is involved in the counselling process, where applicable.

When the Section is of the opinion the individual is ready for community involvement, they refer him to Community Release staff of the Community Services Branch who conduct a community investigation, check with the police and supervise his release into the community.

Medical Section

This Section is responsible for implementing and maintaining a high standard of medical care for the inmate population. Upon an inmate's admission, a Cursory Medical is provided which consists of a medical history, rudimentary physical, blood testing, blood pressure as well as immediate treatment for any condition that is diagnosed upon admission.

-83 -

The Medical Section is responsible for the preparation and disbursement of all prescribed medications, the co-ordination of all referrals of a medical basis such as optometry, dentistry, out-patient treatment at hospitals, in-service treatment of inmates in the Institutional Infirmaries. As well, the Psych/Medical Section carries a caseload of inmates for the purposes of psychiatric evaluation and subsequent referral to Mental Institutions, if warranted.

Recreation Section

This Section is responsible for all leisure time activity both active and passive in nature. Again, the prime focus of this Section is to provide programming which lends itself to aiding the inmate in his pursuit of wholesome activities upon return to the community. Some of the

. recreational programs provided are hobbies, art, drama, music, library, films, concerts, physical sports, games, etc.

Fort Saskatchewan Correctional Institution - Male

Type of Institution: Medium Security

Capacity: 375

Average Daily Population: 548

% Indian (Treaty and Metis): 37%

Age Categories: 16 - 21 - 42% 22 - 29 - 31% 30 plus - 27%

Length of Incarceration: Remands - Not Available Up to 60 days - 53% 6 days to 1 year - 39% 1-2 years - 8%

Date Institution Built: 1912

Correctional Staff: 254

Accommodation Setup: All Three Blocks - "A" Block - relatively high security risks among sentenced prisoners also overflow from remand population;

"B" Block - for those on remand and awaiting peni-tentiary transfers;

"D" Block - for extremely high security risks, violent and dangerous prisoners.

Two large dormitory areas - for low security risks.

Psychiatrists: Residential - N/A Visiting: One - one afternoon per week.

Psychologists: Residential: One

Full-time Counsellors: 7

Part-time Counsellors: Grant MacEwan College Student Placements only.

Full-time Community Release Officers: 7

Full-time Classification Officers: 7

Vocational Facilities: •

Times Visited No. Inmates Agency No. of Workers Week/Month/Year Involved

Auto Body 1 N/A

Barber Training 1 Full-time F.S.C.I. 3

Cooking (Credit for hours towards apprentice- N/A ship only)

Education Facilities: Times Visited No. Inmates

Agency No. of Workers Week/Month/Year Involved • Academic 2 teachers Full-time Classroom

can acdom-modate max. of 40.

Labour Opportunities:

Vegetable preparation and storage Greenhouse Garden and Grounds Carpentry Shop Paint Shop

• Auto Body Stationary Engineers Cooks(6), Bakers(21), Butchers(1) Housekeeping and Janitorial Service Community Projects (Oliver Tree Nursery) Forestry Camps - Labour Force Barber Training

No. of Participants

10

12

48

6 2

10

4

28

47

5

56 N/A 3

•

Recreation:

(1) Full-time Recreation Director (2) Correctional Officers assigned to programs area on rotational basis (11)

(3) 2 Full-time Assistant Recreational Officers

Fort Saskatchewan Correctional Institution - Females

Type of Institution: Medium Security

Capacity: 62

Average Daily Population: 46

Age Categories: 16 - 21 - 26%

22 - 29 - 45%

30 plus - 29%

Length of Incarceration: Remands - Not Available Up to 60 days - 69% 60 days to 1 yr. - 25% 1 to 2 years - 6%

Date Institution Built: 1914

Correctional Staff: 41

Accommodation Setup: Cell Block - Lower half for Remands and sentenced remands, maximum security risk prisoners.

Dormatory setting for low security risk prisoners.

Academic upgrading One part-time teacher

No. of Participants

N/A N/A

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Psychiatrists: Visiting: 1, one afternoon a week.

No. of Workers Times Visited

Counsellors 1 Full-time F.S.C.I.

Community Release 1 Full-time F.S.C.I.

Vocational Facilities: No. of Participants

Beauty Parlor - Credit for hours at an approved School of Hairdressing N/A

' Educational Facilities:

Labour Opportunities: No. of Participants

•

Cooking, Sewing, Laundry 30

Recreational:

(1) Full-time Recreational Director (2) 1 Full-time Assistant Recreational Director (3) 1 Full-time Correctional Officer

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Peace River Correctional Institution

Type of Institution: Medium Security

Capacity: 190 - Institution; 24 - Camp

Average Daily Population: 163

% Indian (Treaty & Metis): 53%

Age Categories: 16-21 - 45% 22-29 - 31% 30 plus 24%

• Length of Incarceration: Up to 60 days - 55% 60 days to 1 year - 35% 1-2 years - 10%

Date Institution Built: 1968

CorF:ectional Staff: 130

Accommodation Setup: 1 cell block of 48 4 open dorms of 15 each 1 cubicle dorm of 48 1 open dorm of 24 1 camp of 24 1 open dorm of 10

Psychiatrists: 1 visiting: 1% days per month Number of inmates visited over year: approx. 200

Psychologists: Twice per month for two days each time

Full-time Counsellors: 5

Community Release Officers: 4

Psych/Med. Nurses: 4

Vocational Facilities No. of Participants

Barbering 3

Cooks 0

Bakers 0

Butchers 0

Welding 12 per course

Motor Mechanics 12 per course

Carpentry 12 per course

Auto Body 12 per course

The Auto Body, Welding, Carpentry and Motor Mechanics are combined into vocational exploration and pre-employment programs.

Educational Facilities No. of Participants

(Continuous intake, individual instruction)

1 Resident teacher 15 at any one time

2 teachers from Grande 15 at any one time Prairie College

• (Grades 10-12)

2 teachers Grouard upgrading 15 at any one time (A.V.C. 0-g)

Life Skills (A.V.C. 1 coach) 12 per course

Labour Opportunities:

Legal Aid:

Gardening, grounds keeper, nursery (seedling worker), equipment operator, forestry camp, re: forestation, cleaners, cooks, waiters, laundry working, mechanics and some relation with tradesmen.

Numerous inmates on remand were assisted with legal aid applications; a Legal Aid Worker visits the Institution once per week.

Recreation: Staff includes one full-time Supervisor, two full-time senior Correctional Officers for program development and one Corrections Officer in charge of the hobbycraft program. Activities include active and passive activity. Inside and outside sports, music, entertainment, par-ticipation in community leagues, visits to outside hockey and broomball matches, library and a variety of hobby activities, movies, bingos and card tournaments, a recreation period for remands and a physical education period for the education students.

•

• .>";&‘.,,A

44‘. ••-

1WF ••• ;.1

ji ad§ JIr • •

amorenemer • eeireelMilleium lb -

Calgary Correctional Institution Calgary R•mand and Detention Centre

Carpentry Class at Correctional Institution

•

-89 -

Calgary Correctional Institution

Type of Institution: Medium security

Capacity: 382

Average Daily Population: 365

ei Indian .(Treaty & Metis): 14.90%

Age Categories: 16-21 - 43.40% 22-29 - 28.65% 30 plus 27.95%

Length of Incarceration: Remands - Nil Up to 60 days - 44.73% 60 days to 1 year - 43.20% 1-2 years - 12.07%

Date Institution Built: 1958 - extended 1960 and 1966 - Renovated - 1976/77

Correctional Staff: 219

Accommodation Setup: 128 single cells 1 wing - 86 1 wing - 40 6 dorms - 16 in Five, 8 in One 2 wings - 20 in each wing

Psychiatrists: Visiting: 1 Visits per week/month: 2 or 3 times per week Number of inmates visited over year:

Psychologists: Residential: 1 position - Vacant - 2 Visiting Visits per week: 2 or 3 times per week Number of inmates visited over year: 224 Social History: 14

Full-time Social Workers: 17

Vocational Facilities No. of Participants

Southern Alberta Institute 12 of Technology

Mt. Royal College 3

Hair Styling 3

A.V.C. 8

University of Calgary 2

—90—

Educational Facilities

1 classroom, 1 teacher

Correspondence course sessions

Carpenter shop re: tables for forestry

Forestry camps

Miscellaneous (Nordegg Forestry Jan. to Aug.)

No. of Participants

15 to 25 Average Attendance

Discontinued

45

40

Stores 13

Labour Opportunities

Place

Shoe Shop

Medical

Garden and grounds

Horticulture

Laundry

Food Preparation

Mechanical Shop

Janito rial

Legal Aid:

Average No. of Inmates

16

2

52

15

22

28

4

50

Average of 30 inmates were seen by legal aid representative.

Gymnasium activities, fastball, swimming, skating, weekly feature length films, bingo, concerts, hobbies, library, television.

Recreational:

- 91 -

Calgary Remand and Detention Centre

Remand Centre

Type of Institution: Maximum Security (Remands, Immigration Holds, Appeals)

Capacity: 189

Average Daily Population: 162.56

Indian (Treaty & Metis): 10.91%

. Age Categories: 16-21 - 49.13%

22-29 - 28.85%

30 plus 22.02%

Length of Incarceration: Up to 60 days - 40.26% 60 days to 1 year - 37.52% 1 - 2 years - 5.19% 2 years plus - 17.03%

Date Institution Built: 1974 (Additions in construction stage)

Correctional Staff: 132

Accommodation Setup: 58 single cells 117 7 dorms

6 Medical Infirmary 8 Forensic Unit

189 Total

Psychiatrists: Visiting: 1 as required Visits per week - 4 Number of inmates visited over year - 353.

Psychologists: Visiting: 4 as required Visits per week - 3 Number of inmates visited over year - 500

Medical Doctor: Visiting: 1

Visits per week - 3 Number of inmates seen over year - 3,503

Nurses (R.N.'s): On staff: 1 Nurse III 5 Nurse II's

Full-time Social Workers: Nil

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Educational Facilities No. of Participants

1 Classroom (library) 1 teacher

Correspondence Courses

40 (average)

16 (average)

Legal Aid

Duty Counsel (3) in attendance daily for first court appearances.

Legal Aid workers in attendance daily assist in 300 to 350 Legal Aid applications monthly.

Recreational

Exercise yard, volleyball, floor hockey, shuffle board, jogging, frisbees and mini-tennis.

Indoor Activity: weekly feature length films, hobbies, library, television. Bingo games every other week for female inmates.

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Detention Centre - (Male & Female) .

Type of Institution: Maximum Security (Fresh arrests and female remands)

Capacity: Male - 62 Female - 27

Average Daily Population: 61.4

Length of Incarceration: Fresh arrests

Date Institution Built: 1961 (taken over, renovated and altered in 1974)

Correctional Staff: Male - 26 Female - 11

Accommodation Setup: Male Female

20 - 10 double cells 6 - 3 double cells

42 - 4 dorms 4 - single cell

17 - 2 dorms

N.B. - All facilities listed for the Remand Centre are also available to --.... the Detention Centre. Comparison percentages regarding age, ethnic origin, etc. are not available for the Detention Centre.

Unless otherwise stated, all figures given are for the entire year of 1976.

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Lethbridge Correctional Institution

Type of Institution: Medium Security

Capacity: 145 (151 if dissociation cells are used for overflow)

Average Daily Population: Inside: 134

Situation Outside: 28

Total Average Population: 162

% Indian (Treaty & Metis): 43%

Age Categories: 16-21 - 34%

22-29 - 23%

30 plus 43%

Number of Remands admitted: 486

Immigration Hold: 10 -

Of those sentenced to this Institution:

Length of incarceration: up to 60 days - 60%

60 days to 1 year - 34%

1 year to 2 years - 6%

Date Institution Built: 1911

Correctional Line Staff: 67 (authorized establishment)

Nursing Staff: 5

Treatment Staff - Classification, Community Services (non-clerical) - 3 (to be increased to 12 in

near future)

Recreational Therapists: 2 (plus 4 full-time assistants from Correctional staff)

Accommodation Setup: 98 single cells 47 in open dorms 6 dissociation cells

Also, 18 inmates can be accommodated at the West Castle Forestry Camp (20 miles west of Pincher Creek)

21 inmates can be accommodated in three Release Centre houses on the grounds (for those on temporary absence work/education programs in the city)

20 inmates can be housed at the Napi Lodge complex on the grounds (for Indian/Metis inmates'on temporary absence undergoing alcohol treatment programs)

Psychiatrists: Visits as required

Vocational Facilities No. of Participants

Kitchen (baking, meat cutting, general cooking, setting tables)

13 at any one time (no figures for the year)

Educational Facilities

One classroom with one full-time teacher to assist with correspondence courses.

In 12-month period ending December, 1976, 53 students registered in 70 courses with the Alberta Correspondence School.

37 courses were completed at the Institution.

10 were discontinued for lack of interest.

23 incompleted courses were taken with students when discharged.

• 8 students registered in 6 correspondence courses with technical schools: - 2 of these courses were terminated; - 4 continued after release.

11 students entered Lethbridge Community College; 1 student entered University of Lethbridge after gaining entrance require-ments at the Institution school;

2 students entered S.A.I.T. at Calgary.

Not related to the Institution school is a Native Discussion Group Program for the Indian/Metis population which is educational in character.

Periodically, an escorted tour of a local industry is made by a group of.inmates.

Labour Opportunities

Temporary Absence Work Permits: Granted to 87 inmates. Wages at least Provincial

minimum.

Forestry Camp: Approximately 142 inmates will have been involved over 12-month period ending April 1977. Camp wages - $14.00 per week.

Institution Work: 4 levels of incentive pay is paid to inmates working in the following areas:

Recreation

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Farm and Garden, Alberta Government Services, Shops, kitchen, laundry, clothing room, library, janitorial work, general labour (shovelling snow, etc.), institution school, Life Skills courses, A.A.D.A.C. courses and attending College or University.

Incentive pay is also paid to those inmates who are unable to work through no fault of their own, eg: hospitalized.

Inmates undergoing treatment programs at centres outside the Institution are paid allowances by Alberta Sociar Services.

Legal Aid 124 inmates were assisted with legal aid appli- cations.

Inside - Gymnasium sports, weight lifting, physical fitness, arts and crafts, music, movies, visiting concerts, inmate concerts, table games, bingo, fly-tying, chess, darts, bridge, stick game (a Blackfoot Indian game), social activities with outside visitors (occasionally dancing is allowed), watching T.V. and card playing.

Outside - field sports (including staff/inmate games), community league sports such as broomball and fastball, umpire clinics and participating as umpires for community leagues, attending wrestling, hockey games, baseball games, outside movies, concerts, ice shows, etc., as spectators, swimming, racket ball, etc., at city pools and Y.M.C.A. occasionally take a baseball or basketball team to play in outlying towns.

Special events include Indoor Sports Day, Annual Field Day, special holiday programs.

The inmates also produce their own newspaper, "The Outlook", and the editorial panel also form the Inmate Advisory Group which meets periodically with appointed staff as a liaison between the inmate population and admini-stration.

Once a month two inmates are selected to attend a Breakfast Meeting of a local branch of a Business Men's Fellowship.

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Nordegg Correctional Centre

The Nordegg Correctional Centre was selected as the site to introduce a four-phased Wilderness Challenge Program for selected inmates from receiving institutions.

This program attempts to build character and self-release through self-respect, recognizing that many recidivists are chronically anti-social because they have lost respect for themselves. The self-respect is developed by rigorous teamwork and individual challenge.

The thrust of the program is to instill the qualities of responsibility, initiative and leadership in each participating inmate so he may cope more successfully within our complex society.

A series of carefully constructed challenges have been created, each more demanding than the last, to help the clients realize their potential and develop a desire for achievement and self-actualization.

Admission to the Wilderness Challenge Program is strictly controlled. Inmates cannot be sentenced directly. Normally, inmates are assessed in the receiving institutions at Peace River, Fort Saskatchewan, Calgary or Lethbridge.

Upon completion of necessary interviews and reports, it is established whether the inmate is a suitable candidate for the program. If accepted, the inmate is transferred to Nordegg.

Forestry Camps

All institutions operate forestry camps to which minimum-security inmates are transferred. There are twelve forestry camps in Alberta.

The camps offer a controlled environment to develop work habits and skills. When these inmates have proven themselves in an open environment, they return to the institution and enter further

community-oriented programs.

Inmates in forestry camps are paid a higher rate of incentive

allowance than institutional inmates and, consequently, have more money

upon release.

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COMMUNITY CORRECTIONS

This Branch is responsible for all adult community-based corrections programs which are designed as alternatives to incarceration.

There are 27 Community Corrections offices, of which four deliver community corrections only. The other 23 offices deliver services in both areas. Each office also works closely with Institutional Services and liaises with many other Government Departments and private agencies.

Community Corrections also emphasizes and encourages community involvement in the correctional process.

The specific programs and their descriptions are contained in this section.

Probation

History

Probation has existed in Alberta since 1940, however, legislation formalizing the practice was not introduced until 1951 with the formation of the Juvenile Offenders Branch, which became a function of the Attorney General's Department. Prior to 1954 the Government had only been concerned with juvenile offenders. With the introduction of adult probation services, both functions were amalgamated and were known as the Juvenile Offenders and Probation Branch. In 1970, all juvenile programs were transferred to the Department of Health and Social Develop- ment (now known as the Department of Social Services and Community Health).

In 1973, the Adult Probation Services was transferred to the newly created Solicitor General's Department, and later integrated with all other community corrections programs (Fine Option, Restitution, Community Residential Centres, etc.), to form one Branch known as Community Corrections.

Purpose

Probation is one of the legal dispositions which a Judge may impose upon offenders convicted of criminal and quasi-criminal offences. The procedure involves sentencing the offender to a period of probation for a period of time not to exceed three years and subject to certain specified conditions of behaviour. Probation can also be used in conjunction with a fine or in connection with jail sentences up to two years. When the offender is sentenced to a period of probation and remains in the community, he is under the supervision of a Probation Officer who monitors the Probationer's behaviour. Failure to comply with these conditions

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of behaviour during the probation period can result in the offender being returned to the court and if found to be in wilful disobedience of the Probation Order subject to a conviction of a Summary Offence.

In practice, the restrictions on an offender's liberty are not so much with punishment as with the objective of assisting the offender to a more disciplined and law-abiding mode of living. The Probation Officer provides assistance to the Probationer in the form of counselling and guidance directed toward a satisfactory adjustment between the offender's needs and the demands of society.

Jurisdiction and Authority

The establishment and administration of probation services is a Provincial responsibility.

Corrections Act - Part I, Section 2, 1976

In this Act, the Minister is responsible for correctional services under the jurisdiction of the Government of Alberta and in parficular for:

(a) the provisions to the court, upon request, of background information on convicted persons prior to sentencing;

(h) the provision of probation and parole supervision and counselling services to offenders against the law;

(c) the safe custody and detention of inmates;

(d) the supervision, treatment and training of inmates with a view to their ultimate rehabilitation in society;

(e) the promotion and assistance of programs designed to prevent and •reduce crime within the community; and

(f) the provision of a broad range of options and alternatives to the court at the time of sentencing, such as work in lieu of a fine, performance of community service, restitution to a victim or similar alternatives.

Legislative Authority (Criminal Code of Canada, C.C.C.)

On June 27, 1969, three amendments to the Criminal Code were made. The first increased the maximum probation sentence from two to three years. The second broadened eligibility for probation from a first-time offender to any offender where a minimum punishment is not stated by law.

The third enabled the Judge to sentence offenders to incarceration or

fines plus a probation term.

The following are the sections of the Criminal Code with a

brief summary of what each section contains. It is expected that the

reader will refer to the Criminal Code for the actual wording of each

section.

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Making of Probation Order

663(1) - Conditions in the Probation Order;

663(2) - Form and period of the Order;

663(3) - Proceedings on making of the Order.

Coming into Force of Order

664(1) - Duration of Order and limit on terms of Order;

664(2) - Modification of Order;

664(3) - Modification of Order where a person bound convicted of offence;

664(4) - Compelling appearance of person bound for new offence.

Failure to Comply with Order

668(1) - Where accused fails or refuses to comply with the Probation Order;

666(2) - Where accused may be tried and punished.

Pre-Sentence Report

The preparation of Pre-Sentence Reports is one of the prime functions of the Community Corrections Branch and consequently occupies considerable amount of a Probation Officer's time.

The primary objective of the Pre-Sentence Report is to provide the Court with an accurate description of the defendant as he functions within the context of his particular social circumstances. From such a description the Court is assisted in deciding the most effective and suitable sentence. The secondary objective of the Pre-Sentence Report is an evaluation of the defendant's suitability for probation and, as such, the Court will then be provided with an alternative in passing sentence. Essentially the Pre-Sentence Report attempts to focus on the character and personality of the defendant, to offer insight into his problems and needs, to help understand the world in which he lives, to learn about his relationships with people and to discover those salient factors that underlie his specific offence and his conduct in general. With the aid of Pne-Sentence Reports, the Courts may avoid committing a defendant who merits probation to an institution or, may avoid granting probation when confinement to an institution is appropriate.

Aside from its basic purpose of assisting the sentencing process, the report is relied upon for additional functions; to aid the Probation Officer in his rehabilitative efforts during probation supervision; to aid the Institutional Services Branch in the classific-ation and treatment programs, temporary absences, day parole and release

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planning; to furnish the National Parole Service with information pertinent to its consideration of parole and, to serve as a source of information for systematic research and planning within Alberta Correctional Services.

Distribution of Written Probation Reports - Section 662, Subsection (2)

"(1) Where an accused, other than a corporation, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a Court, prepare and file with the Court a report in writing relating to the accused for the purpose of assisting the Court in imposing sentence or in determining whether the accused should be discharged pursuant to section 662.1.

"(2) Where a report is filed with the Court under subsection (1), the clerk of the court shall Èorthwith cause a copy of the report to be provided to the accused or his counsel and to the prosecutor.'

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Conditions of the Probation Order

If the offender's sentence includes a term of probation, a probation order is completed and signed by the defendant. The probation order will specify the period of time it is to remain in force and the conditions of behaviour the probationer must abide by under the supervision of a Probation Officer. The following excerpt from Section 663(2) of the Criminal Code, describes the possible conditions that may be included in a Probation Order:

"663(2) The following conditions shall be deemed to be prescribed in a probation order, namely, that the accused shall keep the peace and be of good behaviour and shall appear before the court when required to do so by the court and, in addition the court may prescribe as conditions in a probation order that the accused shall do any one or more of the following things specified in the order, namely,

a) report to and be under the supervision of a probation officer or other person designated by the court;

h) provide for the support of his spouse or any other dependants who he is liable to support;

c) abstain from the consumption of alcohol either

absolutely or on such terms as the court may specify;

d) abstain from owning, possessing or carrying a weapon;

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e) make restitution or reparation to any person aggrieved or injured by the commission of the offence for the actual loss or damage sustained by that person as a result thereof;

f) remain within the jurisdiction of the court and notify the court or the probation officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

g) make reasonable efforts to find and maintain suitable employment; and

h) comply with such other reasonable conditions as the court considers desirable for securing the good conduct of the accused and for preventing a repetition by him of the same offence or the commission of other offences."

Reporting by the Probationer

The Probation Officer provides the probationer with explicit instructions as to the exace place, time, and method for making personal reports. In order that the probationer comes to terms with authoritative situations, it is necessary for him to accept the responsibility of pre-senting himself/herself at a designated time and place. Reporting by letter may be used in situations where the probationer's job takes him/ her to a place that is not accessible to a Probation Officer.

Supervision of Probationers

Supervision of probationers includes not only casework and counselling tasks, assitance in employment and personal planning, but enforcement functions as well. It is a type of treatment supervision. The Probation Officer must use the resources in the community skilfully tci enhance his effectiveness in working with the probationer caseload. Vocational guidance agencies, schools and employers, are all potential auxiliary help to the Probation Officer.

Supervising probationers must be done on the basis of mutual trust, co-operation, and responsibility between the Probation Officer and the probationer. The Probation Officer has to find the

balance between control and treatment that his probationer can best use.

This balance will shift as the probationer responds favourably and needs less and less control. There are four general principles that usually are the basis for attaining this balance.

1. Change comes from within the person; therefore, a probationer must

be a participant in any treatment program designed to help him/her.

2. The needs, problems, capacities, and limitations of the individual

offender must be considered in planning a program for him/her.

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3. Legally binding conditions of probation are essential and in the best interests of the offender and the community.

4. The goal of supervision is to help the offender understand his own problems and enable him to deal adequately with them.

Probation's most important objective is not to control the offender, but to help the probationer understand himself and gain independent control over his/her own behaviour.

The implied presence of the Probation Officer is some-times more important than actual supervision. This implied presence means that the Probation Officer could appear at any time and thus provides restraints on deviant behaviour. Conversely, the implied presence of the Probation Officer means that the probationer has supportive authority available to him. The implied presence of the Probation Officer is helpful in either direction.

Breach of Probation

Breaches of probation covered in the Criminal Code deal with new offences committed while on probation or the breaking of those conditions which were set out in the Probation Order.

When an individual is convicted of a criminal offence while under a Probation Order, he may, in addition to any punishment imposed for that new offence, be required to return to the Court that issued the Probation Order. This Court can then revoke the original Probation Order and impose a new sentence for the original offence. The Court may also make changes and/or additions to the conditions and/or extend the original probationary period by a maximum of one year.

A probationer who wilfully fails to comply with his,her Probation Order is guilty of an offence punishable on summary conviction, which could involve a sentence of up to six months in a Correctional Institution or a $1,000 fine, or both.

Should the Probation Officer feel that the violation of the conditions is serious, he/she may submit a Breach of Probation form to the Prosecutor who then decides what action should be taken.

Service Provided to the National Parole Service

At present, the Community Corrections Branch has a contract with Solicitor General Canada to prepare community enquiries and to supervise individuals released on parole as requested by the National Parole Service.

Parolees who have had previous contact with a Probation Officer, or who have a probationary period that follows their parole may be assigned to a Probation Officer. In this way, they are super-vised by the same person throughout their sentence; this provides for some continuity in treatment.

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Probation Program.,

The following prugramr, include only thcm,u which directly affect the probation aspect of Community Corrections.

Outward Venture Program (L.V.P.)

In this program, the Probation Officer is involved in the screening and selection of probationers for the course and post course supervision.

The program itself focuses on the voluntary attendance of probationers in a high risk Wilderness Program conducted during Summer (June), Fall (September), Winter (January), and Spring (March) at the Nordegg Forestry Camp. The program began on November 1, 1976, and is designed to offer probationers four weeks of instruction in a program which is based on the "Outward Bound" methods and principles. The probationers are placed in groups of ten to twelve and become a self-sufficient entity. The course is conducted over a twenty-four to twenty-eight day period and includes wilderness expeditions, rock climbing, and rappelling, canoeing, kayaking and cross country ski instruction, participation on an obstacle course, plus other assimilated exercises designed to challenge the mettle and inner strength of each individual. Each individual is dependent on his peers and they in turn are dependent on the individual.

The program is physically challenging, producing a considerable amount of stress and emotional htrain within each participant. However, the problems are encountered in grades of difficulty and are designed to be within the grasp of the individual or group. Progres is obvious and immediate, and the confidence gained from success in an area where failure could have been predicted leads the participant to accept further challenges of progressive difficulty; success reinforces success.

Group Work

The goal of this program is to provide treatment servicer to specific client groups, as well as an environment for selected client groups served by Probation Officers trained in Group Work.

Community Service Orders

In this program, a Probation Offrcer, through the Pm'-Sentence Report assi..t., the Court in the screening of offender.; who may be eligible for a Community Service Order.

The Community Service Order is part of a Probation Ordrr, and is an alternate disposition avail able to the Court.

Community service offers the probationer an opportunity to win back the respect he has lost and at the hame time, by contributing to the community, gain a stake in its well-being. As a result of the offender's involvement, the community is more likely to feel compensated for the offence and the offender will have developed a greater stake in the community's well-being.

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Early Termination Program

In this program the Probation Officer is involved in an ongoing review of those probation cases under his supervision for the purpose of making recommendations to the court that Community Corrections clients be considered for early termination from probation supervision. This would allow the Probation Officer more time to spend with those probationers who require supervision, and reward the probationer who has successfully completed a required amount of time under probation super-vision.

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Volunteer Services

Objectives

Correctional Services are necessary in any society to deal with people who offend against their fellows. The existence of professional services does not mean, however, that the public is relieved of concern with its offenders. Many of the things we now hire others to do, such as probation, were originally done by volunteers. Volunteer services exist to involve members of the community in partner-ship with professionals in carrying out the responsibilities of the correctional process. The volunteers may work directly with offenders or in indirect roles supporting professional services.

By participating as volunteers, people from society at large develop a realistic awareness of the Criminal Justice System and become credible advocates for the development of better ways to deal with public offenders.

Volunteers are recruited, screened, trained and super- vised by local Correctional Services personnel. The amount of authority - or responsibility carried and the duration of the assignment is worked out in advance by the volunteer and the staff supervisor.

Advantages of Volunteers

While there are some responsibilities in the Criminal Justice process which can best be carried out by professionally qualified staff, many of the goals of corrections can be achieved by staff and volunteer together or where there is no résident professional by volun-teers acting on behalf of the system.

Volunteers are members of the community who by their personal involvement can demonstrate that society prefers its offenders to deal responsibly with their problems in the community - and people

are willing to help them succeed. Even when it is necessary to send some offenders to an institution for a time, volunteers can work with the institution to help offset the problems created by isolation from

normal society. Volunteers who understand inmates can also assist to reintegrate them into the community when their sentences are completed.

Volunteers may have an advantage over staff in that they

do not share the pressures of workload size, office hours and procedures

which are a necessary part of professional functioning. Volunteers may relieve staff of some of their routine tasks and may provide programs that are beyond the normal range of service.

Volunteers, as part of a service delivery team, do not

work entirely on their own but are always trained, supervised and supported

by the professional staff.

What Volunteers Do

Volunteers usually work on a person-to-person basis, sharing a little of their free time each week to help the offender adjust to responsible life in the community. Volunteers may contribute specific talents either directly assisting clients or supporting others in the service team. They may engage in tutoring, sports, recreation or hobbies or act as advisors or counsellors. Most importantly, they offer friend-ship to someone who needs it.

Volunteers may also participate in institutional programs sharing the interests of people in the community with groups who are temporarily removed from it.

Rewards of Volunteering

The "pay cheque" a volunteer receives is in the fo'rm of satisfaction derived from sharing time and talent with those needing personalized attention; from working in partnership with professionals; and thereby from helping the community to cope with one of society's major social problems.

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Preventative Services

Mandate and Objective

As stated in The Corrections Act 1976, Correctional Services are responsible for "....the promotion and assistance of programs designed to prevent and reduce crime within the community...."

A major emphasis is to develop prevention programs of a social nature in conjunction with other Criminal Justice Agencies and the public as they relate to the Preventative Services Program.

How Is Crime Prevented?

There are presently three methods being used to prevent crime: 1. Public Education 2. Direct Programming 3. Community Justice Committees

Public Education

The need for more public education has been reinforced in a November 1976 U.S. federal survey which found "that the public is still very much concerned about crime--probably more so than any other problem-- and many citizens want more information on how to go about taking positive measures to prevent crime. There is also strong feeling among citizens that collective and cooperative measures among neighbours are needed".

Preventative Services are attempting to organize a formal team approach to conducting educational seminars whereby local community Justice officials from each component of the System make joint presentations to the public.

As there are twenty-seven Community Corrections Branch offices, it is anticipated that a network of teams will be established throughout the Province.

In order to assist speakers, an Inventory of Preventative Services Resources h'as been developed which lists audio/visual aids, and other material that mày be borrowed through the Coordinator of Preventative Services and the Department Library.

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A major document has been produced known as an "Information Guide On The Crimibal Justice System In Alberta". This three-ring binder provides a detailed overview of the purpose and programs of the Police, the Courts, and Correctional Services.

Its purpose is threefold: 1. To promote public understanding for and active participation in

the Criminal Justice System 2. To serve as a training tool for community volunteers interested

in working within the System 3. To provide a point of departure in the development of texts and

manuals on the Criminal Justice System which would be used in the school curriculum

Direct Programming

As a possible deterrent to further criminal offences, selected young offenders are taken to a Provincial Correctional Institution to: a) show them what it is like to be incarcerated h) stimulate discussion regarding the causal conditions that lead to

incarceration

Selected young offenders (both juvenile and adult) are escorted to the Institution by a Probation Officer. Upon arrival, the youngsters are

• taken on a tour by an inmate and a Correctional Officer.

At the conclusion of the tour,the visitors enter into a discussion on the various activities in the Institution and their feelings about the visit. Their responses are recorded and kept by the Coordinator.

A questionnaire is completed by each visitor to aid in determining the impact of the visit.

A subsequent offence record is maintained to keep track of future breaches of the law.

Cominunity Justice Committees (C.d.C.)

The development of a network of Community Justice Committees is the prime focus of Preventative Services.

A C.J.C. is a group of representatives from the Police,Courts, Correctional Services, Juvenile Authorities, and the public, which meets on a regular basis to deal with local crime problems.

The Committee takes the following steps toward preventing crime: a) Identifies and isolates a crime problem h) Establishes objectives that may effectively deal with the problem

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c) Sets up the mechanisms by which these objectives cari be obtained d) Implements plan of action

The type of individual most desirable from the public, is one who belongs to an already—existing community organization. The reason for this, is that when the Committee becomes active, it will require the assistance of community service groups, administratively set up to initiate and operate programs.

If a member from each of the local service clubs (Chamber of Commerce, Women's Auxiliary, Kinsmen Club etc.) can be secured as a member of the C.J.C., he/she can coordinate a specific crime prevention project through his/her own service organization. Any required funds are secured through the club's regular fund—raising campaigns, while manpower can be supplied through its membership.

A member of the local media is invited to be a member as well, so that the necessary publicity can be provided.

Examples of crime prevention programs that a Community Justice Committee cari develop and are of a social nature, include: — Youth drop—in centres — Employment seeking services for offenders — Street—worker services in areas of high incidence — Supervision of available recreation facilities — Volunteer probation officer program — Supervision of community work service

Programs of a security nature include:

— Block Parent — Neighbourhood Watch — Operation Identification — Lady Beware

The security programs are overseen by local law enforcement agencies.

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Each Office Administrator js responsible for assessing the crime situation in his locale together with local law enforcement personnel to determine the need for programming.

Community Corrections staff are encouraged to carry out all programs with an organized team approach that would include repre-sentatives from all components of the Criminal Justice System as well as community service agencies.

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DIVISIONAL FUNCTIONS OF CORREC1IONAL SERVICES

For the most part, many of the functions of Correctional Services are carried out jointly between Institutional Services Branch and Community Corrections Branch. Although the monitoring of these programs may come under the purview of staff from one Branch, both Branches participate co-operatively.

Temporary Absence Program

Under provisions of The Prisons & Reformatories Act absences and conditional releases from Correctional Institutions may be granted - with or without escort - for medical, humanitarian or rehabili-tative reasons at any time during a period of incarceration.

This program, through a careful screening process, provides the opportunity for inmates to return to the community under the super-vision of the Community Release Unit of Community Corrections.

Absences of 1-5 days are approved by Institutional Directors but applications for more than 5 days must have Head Office sanction. No T.A. will be issued unless there is assurance that adequate supervisory safeguards are maintained in the community. The recipient must agree to all the statutory conditions imposed by the permit plus any special conditions deemed advisable at time of release.

Releases of more than 15 days must be reviewed at intervals not longer than 15 days and renewal of permit can be undertaken only if response to the program has been satisfactory. Further, before such renewal is approved, the inmate must report in person to a Correctional Institution as indicated to him at time of release.

All applications for Temporary Absence are reviewed by an Institutional Review Committee and a recommendation made.

When Institutional staff deem a candidate suitable for community release (for employment or educational purposes), the Community Release Unit of Community Corrections is notified in order that a Community Investigation can be conducted.

The Community Investigation is done to determine if his abode is conducive and police sentiment to his release is supportive.

Those who are released to a Community Residential Centre must abide by the regulations of the Centre and are under the supervision of the Community Release Unit.

In smaller urban or rural areas, supervision is provided

by a Probation Officer.

The participant must be in receipt of a Temporary Absence • Permit.

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Standard conditions of Temporary Absence would include:

(a) the participant will be of good behaviour and will obey the law during the period of his absence;

(h) the use or possession of alcohol is forbidden;

(c) the use or possession of drugs is forbidden unless prescribed by a legally qualified medical practitioner;

(d) no agreements and/or contracts shall be entered into without approval of the Director/Community Supervisor;

(e) the participant is to be under the supervision of a Community Release Officer.

An individual who does not abide by the conditions of his/her permit may be subject to immediate recall to a Correctional Institution for either internal disciplinary action or to a charge of Unlawfully at Large under the Criminal Code.

It should be understood that the T.A. program is not intended to interfere with sentences handed down by the courts. The program tries to provide some alternatives to prison confinement for people who impose no serious threat to the community and need not be confined.

Community Release Program

All inmates are assessed by Institutional staff to determine who is a suitable candidate for release to the community for educational or employment purposes and for humanitarian reasons.

When an individual is deemed worthy, the Community Release Unit of the Community Corrections Branch is notified so that a Community Investigation may be conducted. If the Community Investigation shows that the inmate will be living in a suitable environment and that the police support the inmate's release, the Institutional staff through the mechanism of the Temporary Absence will provide the inmate with a Temporary Absence Permit.

While in the community, Community Corrections staff provide supervision.

Alberta Community Residential Centre Program (C.R.C.)

A C.R.C. is a facility operated by non -profit organizations which are contracted by the Community Corrections Branch to:

(a) provide a supervised residence in the community;

(h) provide required counselling and assistance;

(c) provide necessary referral services.

Seventh Step Society Community Residential Centre - Calgary

Community Residential Centres top left - Poundmaker's Lodge top right - Howard Manor

bottom leh - Recovery Acres bottom right - Kindred House

- 114 -

•

Agencies which refer individuals to a C.R.C. include:

- Institutional Services; - Community Services; - National Parole Service; - Canadian Penitentiary Service; - Courts.

When a referring agency has identified a possible candidate for a C.R.C. and the candidate has expressed an interest in the program, then a joint meeting between the residential staff, the referring agency, and the prospective client should occur.

The purpose of this joint meeting is to allow the individual to obtain first-hand knowledge of the C.R.C. program and to allow the C.R.C. staff the opportunity to assess the possible resident.

At this time certain expectations are stated by all parties concerned.

When an individual enters a residential program, a contract is considered.

The contract usually includes such items as:

(a) Rules and regulations must be abided by the individual (eg: curfew);

(b) Privileges are explained and are not to be abused;

(c) The type of involvement and co-operation expected of the resident;

(d) The resident's personal objectives are stated and how they might be obtained during the course of his/her involvement in the program.

The type of individual referred to a C.R.C. is one suitable for a Temporary Absence, a Parolee, a Probationer, a Post-Release or a Remand.

The length of stay at a C.R.C. ranges between 30 and 90 days.

Some of the programs offered at a C.R.C. facility include:

- alcohol and drug abuse counselling; - individual and group counselling; - employment counselling; - life skills instruction; - volunteer involvement; - recreational activities.

• There are 22 Community Residential Centres throughout Alberta which are set up to accommodate males only, females only, and in some instances, a co-ed environment is provided.

- 115 -

Fine Option Program

It is estimated that over Fifty percent of persons admitted into Provincial Correctional Institutions in the Province of Alberta

are there for non-payment of fines.

The average fine for which time is being served is approxi-mately $172.00, with the average time served in default being Thirty-three

(33) days.

Individuals who are unable to pay a fine may contact the

Fine Option Program prior to the due date for payment at the Clerk's office.

Instead of making cash payments, individuals satisfy payment by performing community work service.

There are two phases in which an offender who has been fined may enter into the Fine Option Program.

Pre-Institutional Phase - When the allotted time period to pay the fine expires, the Clerk of the Court notifies the Fine Option Program.

They send a letter to inform the offender of the program and to offer him/her the option of participating in a community service "work program" as opposed to being incarcerated.

Institutional Phase - An offender who has been imprisoned for non-payment of his fine is identified by institutional staff as still being a possible candidate for the Fine Option Program.

If the offender does not wish to participate, he must serve his time in the institution. However, if he agrees to participate and the fine is totally satisfied by the community work service, the employing agency notifies the Fine Option Program staff in writing. The Fine Option Program staff then record the information and satisfy . . the Clerk of the Court. The Clerk's office credits the account and considers the fine paid in full, being satisfied by the voluntary work service.

If the volunteer participant fails to report to the agency for work service, the Fine Option Program is advised immediately and in turn advises the Clerk's office.

The Clerk of the Court will then have the warrant executed.

At this point, the Fine Option Program will consider the case closed.

The individual may decide to pay the outstanding amount of the fine off in full or partially and not take part in the program. In the event of partial payment, the warrant is issued and the person

serves the pro-rated amount of time incarcerated.

In both instances, the Fine Option Program staff advise the community agency to cancel the individual from the work service program.

For those individuals who wish to participate in the Fine Option Program but are considered to be a high security risk, the opportunity of working off their fine is provided within the confines of the institution.

Individual satisfies fine with cash payment

11--_-_

Individual defaults fine and warrant executed

is interviewed Program

Individual not suitable for program

pleted and to Clerk fine Combination,/ forwarded to of Court Of options Fine Option

Program

Partial satisfaction of fine and warrant executed

FINE OPTION PROGRAM

CHART A

PRE-INSTITUTIONAL PHASE

Paid employment and makes cash payment

Entry of Fine imposed by Individual Individual Community \

Fine Option Vouchers Individual Individual -----) Court with time ---------3

de contacts serviZe'■.. Voucher corn=----iforwarded ----4satisfied

to pay and default - Fine Option in the Fine time A Program and Option

1

•

FINE OPTION PROGRAM

CHART B

INSTITUTIONAL PHASE

Entry of Individual Interviewed Suitable Participates in / Community Individual ----4 incarcerated -----i'and screened -----'and granted ----4 Fine Option

for defaulting to determine a Temporary Program on a fine suitability of Absence NxCombination

involvement in of options community program

Not suitable and is placed in Institutional work placement

work se work servicè

on

Fine Option Individual Release of Voucher ccm-->satisfied ---,Individual pieced and fins forwarded to Fine Option Program and then to Clerk of Court

Paid employment d makes cash

<'.71

payment

Communi

Combina

Community Correctional Centre (C.C.C.)

There is presently only one Community Correctional Centre in Alberta which is known as Belmont and is.located in Edmonton. There are, however, plans for another C.C.C. in the City of Calgary.

This Centre is directly operated by Correctional Services Division of Alberta Solicitor General.

It is designed to aid in the gradual release of inmates requiring a greater degree of control than is available in a Community Residential Centre, private residence, boarding house or men's hostel.

In view of the large number of minor offenders in custody in Alberta Correctional Institutions, it is desirable to utilize a facility for inmates who cannot receive a . full release, and require a reduced form of further institutional control, life skills programming or supervised treatment, prior to full release.

The services available to Belmont residents are consistent witj) and, in fact, based upon the philosophy of community corrections. Grounded in this philosophy is the practice of selecting candidates for Belmont who are not considered to constitute an undue threat to the community. As may be expected, the consideration for the community release of criminal offenders requires the application of stringent control and responsible screening.

program

The program, basically, is composed of two phases. The first phase constitutes an "orientation and assessment program". This component of the program, while serving as a controlling screen, also provides staff with an opportunity to assess the adequacy of residents' skills and apparent needs in the education, residential, employment and/or treatment areas.

During this first phase, all candidates are assessed at the conclusion of the one—week program and unsuccessful candidates are returned to the parent institution. The one—week "orientation and assessment program" is mandatory for all candidates received at the Centre.

Successful candidates are graduated to Phase II of the program which consists of two components (Level I and II). Level I constitutes the pre—release component and residents in this level are provided with an intensive program aimed at their particular skill deficiencies. The ultimate goal of Level I is to adequately prepare the individual for the community—based programs of Level II. It is important to note that it is possible for graduates of the "orientation and assessment phase" to move directly to the release program without the Level I component.

Admission day is scheduled for Mondays and new candidates for the Belmont program are received only on this day of each week.

'Phase I — Orientation and Assessment •

Objectives

(a) Inmate resident adaption to the open milieu of a Community Correctional Centre;

(b) To prepare inmates for community directed programming;

(c) To determine inmate skills or lack of, with a view to re—entry to the community;

(d) To provide information to the inmate essential to release planning;

• (e) To provide a mechanism of controlled and gradual release.

Content

(a) Orientation to B.C.C.C. programs generally and familiarization with

— facility;

(b) Personal growth groups focusing on the use of interpersonal skills;

(c) Alcohol and Drug Information Series with a view to identifying the need for more intensive addictions exposure in the pre—release program of Phase II;

(d) Employment and vocational counselling designed to evaluate the - inmates' skills and needs in this area;

(e) Information sessions where residents will be made aware of various community resources;

(f) Participation and planning in the constructive use of leisure time.

Phase II — Pre—Release and Release Programs

Level I — Pre—Release

Objective

(a) The provision of a meaningful program which serves to prepare and assist Community Correctional Centre residents for successful reintegration with the community.

Content

Program specifically designed to prepare residents for Level II release programs. This level.will provide the following services:

•

(a) Employment and vocational counselling:

- intensive ten-day program utilizing Temporary Absence for the purpose of job search;

- this program is designed to be flexible and can be adjusted to fit the individual resident's needs;

(b) Life Skills sessions (suggested duration - 4 weeks) designed for residents identified in Phase I as being deficient in this area;

(c) Alcohol and drug groups (15-day addiction program);

(d) Progress groups (conducted by caseworkers);

(e) Self-help groups:

- utilization of volunteers;

(f) Structured recreational and leisure time activities in the community.

Level II - Release Program

Objective

(a) The responsible reintegration of the offender with the community.

Content

As a result of Level I, the resident is now prepared to re-enter into the community. Some residents will be released on 1-15 Temporary Absence. Other residents will be released more gradually on Employment and Education Temporary Absences prior to being granted a full release. The decision of whether a full Temporary Absence is granted depends on these factors:

- success of inmate on prior passes to the community;

- behaviour and attitudes exhibited by resident at B.C.C.C.;

- suitability of release plans;

- stability and problem-solving abilities of inmate.

The utilization of community resources will be individually directed. As mentioned previously, some community resources will be utilized by individuals residing at B.C.C.C. while other resources will be utilized by the individual as part of his release plan while residing in the community.

Belmont Correctional Centre - Edmonton

Scale Model of Edmonton Corrections Centre Due to be completed in 1979

Community Supervision of B.C.C.C. Inmates

The community supervision of inmates will be according to the policy and procedures of the Community Release Program.

Individuals residing in C.R.C.'s and private residences and individuals on Employment and Education Temporary Absences will be supervised by a Community Release Officer. Individuals when released to the community will be classified as "intensive". At the end of thirty days, the classification will be reviewed and, if appropriate, the case can be reclassified to diversified.

In Phase II of the B.C.C.C. program, it is necessary for regular inter-face between B.C.C.C. and the Community Release Unit in the community. Progress reviews will occur on a weekly basis between the B.C.C.C. caseworker and Community Release office and will continue until the inmate is given a full release to the community. It is believed that while the inmates are residing at B.C.C.C. and utilizing community resources, these joint progress review sessions can be pro-ductive.

. As of September 1, 1977, Belmont can accommodate 104 males and 32 females with separate living and eating areas. All inmates must be serving between 1 and 6 months.

Additional Note

Belmont Community Correctional Centre also has a Fine Option Program for those offenders incarcerated as a result of non-payment of fine. Fine defaulters are provided with an opportunity to apply for a Temporary Absence Permit and work off the fine in the com-

munity through community work service. Fine defaulters may also seek gainful

employment if arrangements are made to pay the defaulted fine. In

cases where a need for treatment is identified, fine defaulters may alternatively agree to undergo treatment in lieu of fine payment or

incarceration.

•

- 123 -

Pro-Trial Release Program

• Inmates are identified by a Pre-Trial Release Unit located in the Calgary Remand and Detention Centre and, upon release, are supervised in the community by Community Corrections workers of the Community Services Branch. •

Purpose

(a) to selectively reduce the inmate population of the Calgary Remand and Detention Centre, as institutional count often exqeeds bed space capacity;

(h) to abrogate the detrimental effects of incarceration upon alleged offenders;

(c) to assist the Courts by providing factual personal information and individual assessment.

Selection

(a) individuals are interviewed upon admission to Calgary Remand and Detention Centre;

(b) a police check is done to determine if there are any outstanding warrants or a history of violence;

.(c) if interview and police check are positive, then a Community Investi-gation (C.I.) is requested of Community Services.

If the C.I. is positive, the Crown Prosecutor's office is given the report. It is then forwarded to the Court to assist in making a decision as to whether or not the individual should be released to the Pre-Trial Release Program.

Release to Program

Upon release to fhe program, the participant must abide by strict conditions and is under the supervision of a Community Corrections worker from Community Services.

•

— 124 —

EXERCISES AND STUDY QUESTIONS

1. What kind of training do institutional staff have to take?

2. What facilities are there for education and recreation in Alberta Correctional Institutions?

3. What new methods have been introduced to aid in the rehabilitation process?

4. List ways in which the public becomes actively involved with the rehabilitation process.

5. What is probation?

6. What are the primary functions of the Probation Officer?

7. What is a Pre—Sentence Investigation?

8. What function does the Pre—Sentence Investigation Report serve?

Q. How does the Judge use the Pre—Sentence Investigation in the sentencing procedure?

10. Describe the process of supervision of probationers.

11. What are the four general principles frequently used by the Probation Officer to determine the balance between control and treatment of the probationer?

12. How can the family be used in the supervision process?

13. What is the process in a,Breach of Probation?

- 125 -

BIBLIOGRAPHY

Adult Probation Orientation Manual, Alberta Solicitor General.

Allmand, Warren, The Criminal in Canadian . Society: A Perspective on Corrections, Ottawa: Information Canada, 1973.

Bricker, Roy, Adult Probation Research Study, Edmonton: Queen's Printer, 1973.

Canadian Committee on Corrections, Toward Unity: Criminal Justice and Corrections, (Roger Ouimet, Chairman. Ottawa: Information Canada, 1969).

Canadian Journal of Criminology and Corrections, by Canadian Criminology and Corrections Assoc., Vol. 16, No. 3, July, 1974.

Chapman, F., Issues in Canadian Law, Toronto: McGraw-Hill Ryerson Ltd., 1973.

Chapman, F.A.R., Fundamentals of Canadian Law, Toronto: McGraw-Hill Book Company, 1965.

Chapman, F.A.R., The Law and You; a Layman's Guide to Canadian Law, Toronto: McGraw-Hill Book Company, 1970.

Clenmer, D., The Prison Community, New York: Rinehart & Co., 1958.

Ellis, A., in Journal of Psychology, 1959, 23, p. 538-540, "Requisite Conditions for Basic Personality Change."

Ellis, A., Reason and Emotion in Psychotherapy, New York: Lyle Stuart, 1962.

Glaser, D., The Effectiveness of a Prison and Parole System, New York: Bobbs-Merrill Co. Inc., 1969.

Glaser, W., Reality Therapy, New York: Harper and Row, 1965.

Goffman, E., "The Characteristics of Total Institutions", in Symposium on Preventative & Social Psychiatry, Washington: Walter Read Army Institute of Research, 1957, p. 43-84.

Hardy, Richard and Cull, John, Introduction to Correctional Rehabilitation, Springfield, Illinois: Charles C. Thomas, 1973.

Hart, J.E., "Correctional Trends in Alberta", Address to meMbers of John Howard Society, April 27, 1962.

Hàrtinger, Walter, et al., Corrections: A Component of the Criminal Justice System, Pacific Palisades, California: Goodyear Publishing Company, 1973.

International Encyclopedia of Social Sciences, Vol. II - Penology, p. 512-22, Vol. 8 - Internment & Custody, p. 138-147.

Jaffary, S.K., Sentencing of Adults in Canada, Toronto: University of Toronto Press, 1963.

Jennings and Zuber, Canadian Law, Toronto, McGraw-Hill Ryerson, 1972.

Johnston, Savitz and Wolfgang, The Sociology of Punishment and Correction, New York: Wiley, 1970.

Kay, Barbara and Vedder, Clyde, Probation and Parole, Springfield, Illinois: Charles C. Thomas, 1974.

Kidman, J., The Canadian Prison, Toronto: Hyerson Press, 1947.

Kirkpatrick, A.A., W.T. McGrath, Crime and You, Toronto: MacMillan 1976.

Lawrence, Mix and Wilkie, Our European Heritage, Toronto: Dent and Sons Ltd., 1967.

Lurie, H.L., ed., Encyclopedia of Social Work, Fifteenth Issue, Albany, New York: Boyd Printing Company, Inc., 1968.

MacLeod, A.J., "The Changing Canadian Prison", An address delivered on

March 29, 1962, in London, Ontario, to members of John Howard Society.

Martin, J.C. et al., Criminal Code, Agincourt, Ontario: Canadian Law

Book Limited, 1974.

Matthews, Victor, Socio-Legal Statistics in Alberta: A Review of Their

Availability and Significance, Human Resources Council, 1972.

Merkl, P.H., Political Continuity and Change, New York: Harper and Row, 1972.

Monger, Mark, Casework in Probation, second edition, Toronto: Butterworth

and Company (Canada) Ltd., 1973.

National Association of Social Workers, Encyclopedia of Social Work,

' Fifteenth Issue, New York, 1968.

National Association of Social Workers, Encyclopedia of Social Work,

Volumes I and II, Sixteenth Issue, New York, 1971.

National Association of Social Workers, Encyclopedia of Social Work,

New York, 1971, p. 186.

Newman, Charles L., Sourcebook on Probation, Parole and Pardons, Springfield, Illinois: Charles C. Thomas, 1972.

Report on Child Foster Care, Alberta Committee on Child Foster Care,

1972.

Report of the Task Force on Community-based Residential Centres,

published by the Solicitor General of Canada, 1972.

Richmond, M.S., Prison Profiles, New York: Oceana Publications, Inc., 1965.

Salhany, Roger, Canadian Criminal Procedure, second edition, Toronto, 1972.

Sills,David, ed., International Encyclopedia of the Social Sciences, Volumes III and XI, Macmillan Company and Free Press, 1968.

Sutherland, Edwin and Cressey, Donald, Principles of Criminology, New

York: J. B. Lippincott Company, 1966.

Sykes, G., The Society of Captives, Princeton: Princeton University Press, 1958.

Topping, C.W., Canadian Penal Institutions, Toronto: Ryerson Press, 1929.

Tuppan, Paul, Crime, Justice and Correction, Toronto: McGraw Hill Book

Company Inc., 1960.

— 128 —

SOLICITOR GENERAL CANADA

FEDERAL INSTITUTIONS IN ALBERTA

Introduction

The Federal Government is responsible for the care and custody of adults sentenced to more than two years' imprisonment. In Alberta, there are two larger institutions known as penitentiaries and three smaller institutions referred to as Community Correctional Centres.

All of these function under the Penitentiary Act.

The penitentiaries include Drumheller and Bowden while Grierson Centre, Scarboro Centre and Altadore Centre make up the Community Correctional Centres.

..

ti

Drumheller Institution

Type of Institution: Medium Security

Capacity: 432

Present Population: 480 (including Trailer Annex)

% Indian (Treaty & Metis): Approximately 30%

Age Categories: 16-20 years - 55% 21-30 years - 30% 31+ - 15%

(Average age is 25 years)

Length of Incarceration: Under 2 years 6%

2 yrs. to under 5 yrs. 70% 5 yrs. to under 20 yrs. 17%

20 yrs. to life 7%

Date Institution Built: 1967

Subsequent additions - Trailer Annex

Total Staff: Established Strength 312

Accommodation Setup: Recreation Unit accommodates 33 inmates Four Living Units of 102 cells each Annex which accommodates 35 inmates

Psychiatrist: None resident. One from Calgary every second Thursday.

Psychologist: One presently on strength and recruiting a second.

Full-time Social Workers: 13

Part-time Social Workers: None

Recreational Programs:

- Inmates have opportunity to take part in all recre-

ational and leisure time activities ranging from basketball and hockey to chess and bridge.

- Academic classes in recreational subjects.

- Recreation clinics.

•

- 130 -

Temporary Absence Program:

- Approximately 50 inmates leave Drumheller Institution each week for visits with family, friends, etc., and Recreational and Work Programs. The purpose of the Temporary Absence Program is to facilitate and enhance a man's preparation for his return to the community through maintaining contact with it.

Life Skills Program:

- The Life Skills Course represents a serious attempt to integrate educational and psycholtherapeutic principles and techniques for the development of personal competence in many aspects of life. The Life Skills Course represents, therefore, not only a promising training/counselling technique, but also a new model for human and social development programs. Life Skills currently emphasizes the problem-solving process and the use of skill training techniques. It deals with problem-solving skills to manage the inmate's personal affairs as suggested by the terms; self, family, leisure, community and job. Each Life Skills class consists of 12-14 inmates of various educational and ethnic backgrounds and runs for a period of 10-12 weeks, depending on the needs of the students.

Hobbycraft Section:

- Ceramics, painting, leathercraft, macrame, batik, lapidary, petit point, rug-making, etc.

Other Programs and Activities:

- Inmates have built and continue to operate the town golf driving range.

- The Entertainment Group - The Indian Pow Wow Group, goes outside the Institution to provide entertainment in the community (involves approximately Six inmates).

- Summer campsand Nature Exploratory Groups, (seasonal).

- Nature Trail Beautification Project. Construction of pathway along the Red Deer River.

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Bowden Instoution

- 131 -

Education Facilities

Technical Training:

- Full-time apprenticeship training is offered in the following technical areas: Auto Body, Barbering, Carpentry, Welding, Motor Mechanics, Offset Printing and Plumbing, all supervised by the Apprenticeship and Tradesmans Qualifications Breach of Alberta, Advanced Education and Manpower. Additional short-term courses are offered in Electricity, Driver Training, Vocational Upgrading and First Aid. Correspondence courses in a large variety of technical disciplines are also sponsored by the Institution.

Staff

Two of the technical teachers are contract employees; the balance are CPS staff.

Academic Training:

- All academic education is done at Hilltop Education Centre, a fully accredited private school in Alberta.

Programs

BLADE - Basic literacy for adult development courses the grades 0-4 range.

A.L.S. - Advanced Literacy Skills covers the area from grades 5-8. Basically dealing with upgrading skills in reading, writing and mathematics.

Grade 9 - Half day spent on skills development (reading, writing, math); half day spent on social/ personal development through social science courses. This is either a terminal program or can lead to entry into secondary program.

Secondary - This program offers a large number of courses which lead to either Grade 10 qualifications or a Grade 12 High School Diploma. In order to obtain the Diploma a student must accumulate at least 100 credits. Since all inmates at Hilltop Education Centre are classified as adults they are eligible to receive retro-active credits (for example, credits for Grade 10 and 11 simply by obtaining a mark of at least 50% in the Grade 12 level course.) •

University

Each semester, four first-year Arts and Sciences courses carrying credit to Mount Royal College and the University of Calgary are offered. This means a total of 12 M.R.C. courses through the year, the semesters running from September to December, January to April, and May to August. Students registered in the University program are required to take all four courses.

Those wishing to take the M.R.C. courses are generally expected to have had some Grade 12 experience but it is not considered an essential pre-requisite. Those lacking Grade 12 may register in the University program for general interest or as mature students. Those in the latter category must personally contact the University of Calgary to see that they are acceptable to the University as a non-matriculated student.

Music - The Music Workshop offers an area where an inmate can work at his own level of speed with the opportunity for a high rate of success and personal pride in his own achievements, with work conditions similar to earning a living as a musician on the street. The Program Offers the following courses: 1) Rudiments I (Music 1100)

2) Rudiments II (Music 1200)

- Also available through Mount Royal College are courses in harmony and history.

- Lessons are available pn all brass and wooded instruments as well as piano. Special instructors are sent into the Institution to assist these musicians. Guitar lessons are available and one inmate helping another inmate is the method used. Each month an attempt is made to hold a workshop at which time specialists are brought to the Institution to work with the workshop personnel.

Staff

The Principal is a CPS employee; all other teachers are contract employees of Mount Royal College, Calgary, with whom CPS had an educational services contract to supply academic education.

Grierson Centre

Type of Institution: Minimum Security — Community Correction Centre

Capacity: 70

Length of Incarceration: Usually 4 to 8 months

Correctional Staff: 1 Director 1 Senior Counsellor 2 Supervisors

10 Counsellors

Accommodation Setup: Large rooms with 2-4 beds, no locked doors, kitchen, lounge, activity rooms and gymnasium

Vocational and Education Facilities: Since the inmate lives right in the community, he can work or study anywhere. He can obtain employment or participate in an appropriate education program.

General Description: Grierson Centre was opened in 1972 as a Federal Community Correctional Centre. Its basic role is to enable offenders from Federal Penitentiaries to be gradually released into the Community prior to their Mandatory Release Date. Most of the residents have Day Paroles and spend an average of four to six months at the Centre.

Every inmate has an individualized program which .

he designs together with a Counsellor and a Parole Officer. The most common program objective is to find employment and earn money so the resident can leave the Centre with a solid financial base. Thus, part of the program plan would specify a budget. The program team is also concerned that the inmate use his leisure time effectively and continuous interaction occurs to make sure the resident is meeting his commitments and is getting help with any problems that are affecting him.

Each inmate spends his first two weeks on an orientation program; during this period, he becomes familiar with the operation of the Centre and devises a specific program plan.

No Temporary Absences or Leisure Passes are permitted the first two weeks but a resident can go out into

- 134 -

the Community to seek employment during his second week. After orientation, a resident becomes eligible for up to five Plesure Passes a week which would last from 6:00 p.m. to midnight. Residents also become eligible for overnight weekend passes after three weeks and can have a maximum of one weekend pass in the first and second month here, two in the third, three in the fourth and every weekend in the fifth month. All passes however, are re-garded as privileges which must be earned through commitment to one's program. If a resident fails to perform or behave in an appropriate manner, efforts will be made to assist him - this may involve a change of program or, if necessary, dis-ciplinary action in the form of loss of certain privileges. In extreme cases, the inmate may have his Day Parole terminated and returned to the penitentiary from which he came.

The real dynamics of the operation of the Centre, is the interaction between the individual resident and his Counsellor. Residents also meet weekly with the Director to discuss any problems or pro- posed policy changes which either the administration or the residents want. The residents also have a formally elected committee to deal with the resident funds and to meet regularly with the Director and staff.

Wherever possible, the Centre encourages residents to meet their needs in the Community - it is not the aim of Grierson to become a self-contained institution, but rather to provide men with the opportunity to reintegrate themselves into the Community while maintaining some degree of structure and providing appropriate support systems.

Grierson Centre operates in close liaison and harmony with the Parole Service to ensure the maximum opportunity for offenders to re-establish themselves while maintaining the appropriate degree of supervision and control to protect the Community.

•

- 135 -

Bôwden Institution

Type of Institution: Medium Security

Capacity: 152 (will be increased to 200)

Present Population: 135 (including trailer annex)

% Indian (Treaty & Metis): 30%

Age Categories: 16-21 - 28%

21-30 - 60%

30 - 12%

Length of Incarceration: 2 yrs. to 5 yrs. - 90% 5 yrs. to 20 yrs. - 6% 20 yrs. to life - 4%

Date Institution Built: 1952

Correctional Staff: 175 -

Accommodation Setup: Two living units, 76 cubes each

Psychiatrist: None - one in Red Deer at our disposal

Psychologist: 1

Industrial Facilities:

- Industries at Bowden Institution consist of cabinet, paint, sheet metal, welding and upholstery shops.

- Each shop offers on the job training and continued application of skills previously attained in order that inmates may keep abreast of new techniques in their respective field.

- Each shop, supervised by qualified instructors, present the basics to novice workers engaging in a particular shop program for the first and further training to advanced standards whereby inmates can become proficient in that field.

- Work undertaken in industrial shops is gathered from Federal, Provincial and Municipal Government agencies and non-profit and service club organiz-ation. •

- 136 -

- Products manufactured range from steel and wood office furniture, to repair and refinishing and re-upholstering of existing items.

- As mentioned earlier in this handbook, all hours worked in a trade area can be credited to an appren-ticeship program. The Co-ordinator Inmate Employment maintains liaison with the Provincial Apprenticeship Board in Red Deer.

Educational Facilities:

- A limited school program is offered at Bowden Insti-tution. The major emphasis is on correspondence or other individualized instruction, although some general interest courses are offered from time to time by instructors from local colleges or other sources.

- For inmates with little or no academic background, the BLADE program is available, covering the basic mathematics and English usually covered in grades one to four. This program, which is generally well known, makes extensive use of cassette tapes which are tied in with work booklets.

- No organized upgrading program is currently offered for those in the grade five to nine level, although correspondence courses for adults in this level are available.

- The largest number of correspondence courses is at the High School level. Over fifty academic courses carrying official High School credits are available from the Alberta Correspondence School. In addition, courses are sometimes obtained from other Provinces.

— Technical courses such as Power Engineering, Blueprint Reading, Air Navigation, Frame House Construction, Basic Building Operation and other are available from various technical or other schools.

— University courses by corresponderce are available in almost all areas including psychology, sociology, English, history, economic, mathematics and others. Some universities require that these courses begin at

the same time and progress at the same rate as regular

day students. In these cases, courses can be started at only two or three times during the year.

— A few students are doing college courses by directed

study under the tutoring of a particular professor who outlines the work to be done and monitors its

progress. Because this arrangement usually requires

a series of passes to confer with the professor, courses taken by this method are restricted.

- 137 -

- In general, Bowden is best suited to those who prefer to work independently and are able to proceed with a minimum of supervision.

- The classroom is located at the south end of the main building, across from the V & C area. For information on availability of specific courses you should arrange for an appointment with the Supervisor of Academic Training, Mr. L. Edwards.

Labour Opportunities:

- A variety of Institutional Work Placements exists at Bowden, in the Socialization, Industries, and Technical Services Divisions. 'A breakdown of training employ-ment programs within each of these divisions is as follows:

Socialization - Academic Training, Life Skills, Canteen Operator, Wellcon Store Operator, Librarians, Chapel Clerk, Recreation Crew and Unit Cleaners.

Industries - Carpentry, Sheet Metal, Welding, Paint and Graphic Communications and Upholstery.

Technical Services - General Cleaning, Ornamental Grounds, Food Service, Laundry, Incinerator, Barbering, Boiler House, Maintenance Areas include Motor Mechanics, Carpentry, Plumbing, Electrical, Painting and Service Crew.

- In addition to the above, one inmate is usually employed as a Hospital Cleaner and an inmate with considerable accounting experience may be employed as a clerk in the Finance Office. Any inmates who are employed in trade

areas are able to have hours credited through the Apprenticeship Board and also have the opportunity to write Provincial examinations when sufficient time-credit is documented.

- Those inmates who are granted Day Parole from this Institution have an excellent opportunity to secure employment in the local area. Employment is restricted to within a 25-mile radius of the Institution which includes the towns of Olds, Bowden, Innisfail, Penhold, and the City of Red Deer. Transportation is provided

by the Institution for Day Parolees working in Innis-

fail, Penhold and Red Deer. At the present time, those

who secure employment in Bowden, Olds, or perhaps local

farmers, have to arrange for their employer to provide transportation. Any inmates with specialized skills have no difficulty in securing employment and con-

struction work in the area provides a variety of oppor-

tunities for semi-skilled and unskilled people.

•

- 138 -

- Periodically, contractors working at the Institution require men and anyone who does not have a Day Parole has the opportunity to work for these people. When opportunities exist, the Living Unit is contacted to access individual needs for employment. For example, an inmate who was being released shortly and had very little money would receive priority over another individual who still had considerable time to serve.

- Questions regarding employment within or outside the Institution should be directed to the Co-ordinator, Inmate Employment, Mr. G. Patnoe, whose office is presently located in the Chapel. Appointments may be made through the Living Unit Officers.

Pre-Release Assistance & Classification:

- When an inmate arrives at Bowden he is assigned a Living Unit Development Officer or L.U.D.O. This is a new name for a Classification Officer. The L.U.D.O. with a Parole Officer and a Living Unit Officer or L.U. work with the inmate to help him establish a program for his release. The L.U.D.O. and L.U. prepare reports and make recommendations for inmate applications in areas such as Temporary Absences, Parole, Work Place-ment, Return of Statutory Remission, etc. The inmate will be interviewed at least once a month by the L.U. assigned to him and by his L.U.D.O. The L.U.D.O. also maintains contact with Community resources who are willing to assist the inmate for Temporary Absence and for his release.

Inmate Program:

- An inmate program is an unique program designed especially for each individual inmate. The program is established by the inmate, his L.U.D.O., L.U., and in some instances his Parole Officer. A program can involve Temporary Absences, recreation, some form of work and recreational programs in the Institution.

- The inmate coming into the Institution should contact his L.U. for information about what is available to him.

Parole:

- When an inmate becomes eligible for parole there are several options open to him depending on his program which is established for him.

Day Parole

- Maximum of five days per month to work in the Red Deer-Bowden area.

- 139 -

- This can be increased to 10 days or 15 days depending on the inmate's progress and his program.

- Full day parole out of Bowden.

- Full day parole out of à Community Correctional Centre located in Edmonton or Calgary.

- A Five and Two - This means the inmate works and lives in the Community five days per week and returns to the Institution for 48 hours.

- A Six and One - This means the inmate works and lives in the Community for six days and returns to the Institution for 24 hours.

Full Parole

- The philosophy of Bowden is that the inmate becomes involved in a gradual release program initially involving Day Parole prior to consideration of a Full Parole. But this again depends on the program, the Living Unit team and inmate establish.

- There is approximately 35 inmates to every L.U.D.O. In Unit One there is one L.U.D.O. assigned for each wing North and South. In Unit Two there is one L.U.D.O. assigned for each floor.

- Offices for the L.U.D.O.'s are located in the Living Unit Officer's office in each unit. In most instances, there is no need to put in a request to see the L.U.D.O. There is an open door policy.

Miscellaneous Activities:

- The Social Development Department at Bowden Institution is designed to promote and encourage social, cultural, recreational and self-help interests and activities among the inmate population.

- Social Development includes the following areas:

Recreation

- The recreation areas at Bowden incliide a gymnasium, auditorium (also used as a gamesroom), weight-lifting room and two multipurpose rooms. These are all located in the old hanger. There is also a hockey rink and sports field. These areas are open for use seven days per week, afternoons and evenings. New facilities are planned for the near future.

- Staff includes a Recreation Supervisor as well as one Recreation Instructor.

Hobby Crafts:

— The Hobby Crafts Shop is located in the North end of the gym area. It is open five days per week for instruction and for ordering of materials. Certain approved hobbies may be done in the living unit.

Library:

— The library is located on the top floor of the main building and lower floor of Building #5 are presently open for use seven days per week, mornings, afternoons, and evenings.

— The librarian is on duty Monday through Friday to offer assistance. Her schedule for each library is posted.

Visits and Correspondence:

— The visiting area and visits and correspondence office is located on the main floor of the main building, south wing. Inmates and visitors should make themselves aware of visiting policies, procedures and hours of operation by consulting the regulations available through the visits and correspondence offices.

Life Skills:

— Life Skills courses run mornings for twelve to fourteen weeks. Requests for information about this Life Skills Program may be given to the Life Skills coach who is located in Building #5.

Other Group Programs:

— Anyone interested in any of the following groups that are active in Bowden should contact the Head Social Development for meeting times, locations, contact persons, etc.:

Drama Club (Papillon Players) Seventh Step Society A.A. Native Brotherhood Community Interest Group Jaycees Music Groups

•■ •

•

Type of Institution:

Capacity:

Length of Incarceration:

Staff:

Accommodation:

Vocational and Education Facilities:

General Description

— 141 —

Scarboro and Altadore Centres

Scarboro Centre Altadore Centre

Community Correctional Community Correctional Centre Centre

14 18

6 months 8 months

6 counsellors 6 counsellors

2 per bedroom with common kitchen and living room

Residents are encouraged to utilize community facilities to achieve such goals.

The Scarboro and Altadore Centres are . pre—release homes with the objective of assisting residents to the transition from the Institution to the Community.

Through gradual release, the individual is exposed to certain responsibilities which must be handled satisfactorily before he is ready to return to the community. Such responsibilities include: employment, education, family commitments, constructive social activities, the formation of new associations, and the acceptance of therapy for identified

problems of a specific social nature.

2-3 per bedroom with common kitchen and living room

•

91111•■

, .11111111 IL4111i11 d

• •

Scarboro Centre - Calgary

Altadore Centre - Calgary

pegmeuellIble•

Gnerson Centre - Edmonton

— 142 —

ARRANGEMENTS FOR FEMALE INMATES

Females in the Province of Alberta who have been sentenced by the Courts to terms of two years or more are generally housed at the Provinciallyoperated Fort Saskatchewan Correctional Institution as an interim measure pending transfer to Kingston Prison for Women, Kingston, Ontario. Kingston Prison for Women is the only Federal Institution for females in Canada. Escort arrangements for the transfer of females to Kingston from Fort Saskatchewan are handled by the Drumheller Institution.

However, through a reciprocal arrangement between the Federal and Provincial Governments, some women may for compassionate reasons serve their time in a Provincial Correctional Institution.

•

.

-143-

PAROLE

A. Introduction

In the past, incarcerated offenders were required to remain in an institution for the entire sentence of the court before being released back into the community. Today, parole provides for the possi-bility of the early release of inmates from prison so offenders may serve the balance of their sentence under supervision in the community.

Parole is often best defined by stating what it is not. It is not a procedure for changing the sentence of the court; rather it is a treatment-oriented correctional method. Parole is not designed to shorten the sentence; the parolee still serves the remainder of the sen-tence under supervision in the community rather than confined in a cell. Parole is not an act of leniency; if the parolee does not obey the con-

' ditions of parole he may be returned to a penal institution to complete his sentence.

Parole provides a transitional stage between the highly con-trolled life of prison and the relative lack of restrictions of free citjzenship, and focuses on social re-education rather than punishment. Parole, simply defined, is the release of an inmate from a penal insti-tution, under certain conditions, so that he can serve the remainder of his imprisonment term in the community. Every parolee then is a prisoner who is serving his sentence "on the street" and the parole system operates

as a helping agency for those who want to help themselves.

Probation is often confused with parole, as probation provides

a means of placing the offender in the community while still serving a sentence. However, probation is a decision by the court at the time of

sentence, rather than part way through a period of incarceration.

B. History

Parole originally was based on an act of clemency or mercy and

the concern was one of humanitarianism. Today, parole is conceived of

as the continuation of sentence served outside the institution and its

focus is two fold: the reformation of the offender, and the protection

of society.

The concept of releasing inmates of penal institutions into

the community in Canada dates back to the 1800's. Before 1898 some

prisoners were unconditionally released from institutions through the

Royal Prerogative of Mercy which rested with the Governor-General.

Parole began to follow its present course as early as 1898 with the

passage of the Ticket of Leave Act. There were no statutory limitations

on eligibility and the Act, in effect, made all sentences indeterminate

with the maximum to be served set by the court. The Governor-General

could grant a conditional release to any prison inmate under the terms

of this Act. It is interesting to note that Prime Minister Sir Wilfred

Laurier, in speaking of the Act, realized that an individual in a

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Correctional Institution faces the problem of re-adjustment to the free community when he is released, long before there was a general consensus for social reform with regards to the implementation of a parole system.

The Department of Justice in Canada organized a separate Remission Branch (later the Remission Service) which had the responsibility of administering the Ticket of Leave Act as well as maintaining the Royal Prerogative of Mercy. It was rather difficult to develop a system of close parole supervision in Canada as it was still a new and sparsely populated country. During this period a volunteer organization, the Salvation Army Prison Gates Section, had its great period of growth and involvement in corrections in Canada. It greatly assisted the Remission Branch in the selection of remission candidates under the new Act and undertook the task of interviewing inmates, checking character references and prospective employment opportunities for prisoners who were applying for Ticket of Leave, as well as supervising some of the prisoners after release. By comparison with today's standards, very few inmates were re-leased under Tickets of Leave.

During the years of the depression both the number of individuals in prison and the Tickets of Leave granted increased. Selected prisoners were released to join the Armed Forces or work in industry under the "Special War Purposes Ticket of Leave" during World War II.

In the immediate post-war years, there was significant develop-ment in the area of social services and in new resources both inside and outside the Correctional Institutions that enabled greater utilization of the Ticket of Leave. Statistics show that in 1949 there were only 80 parole cases under supervision; by 1955 this number increased to 768 cases and four years later there were 1,773 cases.

As a result of this growth and the development in the social service field, the Minister of Justice in 1953 appointed a "Committee to Inquire into the Principles and Procedures followed in the Remission Service of the Department of Justice in Canada". In 1956 this Commission introduced the Fauteux Report that recommended legislation to create a National Parole Board. On February 15, 1959,these recommendations were incorporated into the Parole Act which provides for the system of parole presently in operation in Canada.

C. Philosophy and Aims of Parole

Parole developed out of the change in the point of view of penal philosophy from one of retribution to one of reformation. The emphasis is on the protection of society through the rehabilitation of the offender. Parole is to provide controls on the offender's behaviour and allows the offender a steadily increasing amount of freedom to enable him to develop the required self-control and responsibility to function within the com-

munity as a law-abiding citizen. Parole is, then,the testing period of

the whole correctional-treatment process.

The National Parole Board has a firm policy that sets out its rehabilitative philosophy. It emphasizes that the route to making an

offender into a law-abiding citizen lies in reform and rehabilitation

rather than punishment. The Parole Act (Section 10) states that parole

may be granted to an inmate if:

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1) The inmate has derived the maximum benefit from imprisonment;

2) The reform of the inmate will be aided by granting parole;

3) Release on parole will not present an undue risk to society.

Based on this philosophy, the Board is trying to focus on the offender, not the offence: to deal with the offender as an individual rather than as a group member, to focus on the future rather than on the past, to provide adequate supervision to ensure both the protection of the community and assistance to the offender, and to emphasize that the purpose of punishment is correction rather than vengeance.

If an individual does not show such indications he would then remain in custody until his expiry date. Parole is granted as a privilege and not a right. Therefore, it is those individuals who seem sincere in trying to change and lead law-abiding lives that are granted parole.

Unfortunately, some parolees do commit criminal offences while on parole. The Parole Board knows of this possibility every time they release another prisoner on parole; however, they believe the short-term risks are preferable to the alternative of allowing the inmate to return to society without help to adjust between the sudden contrast of incar-ceration and total freedom.

The general function of the Parole Board is to determine the portion of the sentence to be spent in the community as well as the kind of controls and supervision that will be required for each individual who is considered for parole. After this decision has been made, parole has two additional major purposes. One purpose is to assist in the rehabilitation of an offender so that he may be re-integrated into the community as a law-abiding citizen. The second purpose is to ensure that there is no excessive risk to society in allowing an offender to complete his prison term at large in society. The method of attaining these purposes is through parole supervision which entails guidance and assis-tance for the individual as well as a certain amount of surveillance to ensure the parole conditions are properly met. Parole of the offender is then an opportunity to test his self-control and ability to abide by the standards of the law-abiding community. Parole for society offers a form of protection through a degree of surveillance and control over the parolee's behaviour.

D. Organization

Since 1974 there have been a number of significant changes in

the organization and structure of Canada's parole system. A number of

additional changes are proposed through legislation that may be introduced in Parliament during the present session.

Prior to 1974, the National Parole Board was based in Ottawa.

With the addition of ten members to the Board in that year, the Board was

able to be regionalized; five regions were established (British Columbia,

Prairies, Ontario, Quebec, Atlantic Provinces) and two Board members were

placed in each regional office. The Prairie Regional Office is located

in Saskatoon.

The National Parole Service (which collects the necessary material for the Board, and is also responsible for the supervision of persons under the jurisdiction of the Board) and the Canadian Penitentiary Service have also regionalized their operations, with the Prairie head-quarters also located in Saskatoon.

The National Parole Board no longer has administrative

authority over the National Parole Service. Rather, the National Parole

Service and Canadian Penitentiary Service are being organized into a

single Federal Corrections Agency, and will be under the authority of a

Commissioner of Corrections. Services for inmates inside and outside

institutions will be provided by a single organization rather than two separate ones. The Parole Board will maintain its decision making authority to grant or not grant an early release from an institution.

•••

•

•

1. National Parole Board

(a) Structure

The National Parole Board, first established in 1959, was originally composed of five members appointed for a ten-year period. From 1959 to 1969 the Board worked entirely from its Ottawa office. In 1969 the Board was increased to nine members and this permitted the in-troduction of parole hearings in which two-member panels of the Board met with parole applicants of Federal Institutions. However, the volume of work became excessive and visits to institutions by the Board were discontinued in April 1973.

In 1974, the Parole Act was amended, expanding the Board to • 19 members to include ten new members who are based in five regional

offices. The regional divisionsare again visiting Federal Institutions on a regular basis for parole hearings. Applications from inmates in Provincial Correctional Institutions are referred to the Ottawa-based Board members for decision.

•••

(h) Jurisdiction and Authority

The National Parole Board receives its authority and juris-diction from the Parole Act and was officially brought into operation on February 5, 1959. Substantial amendments were made to the Act in 1969 and again in 1974.

The National Parole Board has "the exclusive jurisdictio n . and absolute discretion to grant, refuse to grant, or revoke parole". (Parole Act, Section 6). The jurisdiction applies to any adult inmate serving a sentence under any Federal statute (such as the Criminal Code or Narcotic Control Act). Thus, the Board has parole authority over inmates in both Federal and Provincial Institutions. The jurisdiction does not apply to inmates serving sentences under Provincial statutes, such as the Liquor Control Act, or to municipal by-laws.

The decision of the Parole Board is final, and is not subject to appeal in any court in Canada. Consequently, its powers are very wide-sweeping.

2. National Parole Service

(a) Function

The National Parole Services is responsible for the operation

of the parole system. Parole Officers are responsible for gathering

together the data on which the Parole Board makes its decisions. In

addition, the officers are responsible for the supervision of all persons

released under the jurisdiction of the Board.

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The National Parole Service will become the "community arm" of the proposed "Federal Corrections Agency" when full organizational integration between the National Parole Service and the Canadian Peni- tentiary Service is achieved. Consequently, Parole Officers are gradually assuming functions in addition to the traditional parole activity. The staff are now often involved with inmates and their families shortly after sentencing occurs, and that contact is maintained through incar-ceration and following release. Parole Officers conduct community assessments on behalf of inmates applying for a Temporary Absence from the institution and at times supervise the person on a Temporary Absence.

(h) Structure

Although a central administration exists at the Ottawa Head-quarters, the major responsibility for day-to-day operation rests with the field staff in the individual offices. Programs are co-ordinated on a regional basis, and the Regional Office is also responsible for . over-all policy and direction.

The Prairie Region includes the Provinces of Alberta, Saskatchewan and Manitoba, together with North-Western Ontario and the Northwest Territories - the largest of the five regions.

The Regional Director is the senior administrator for the region. He is assisted by three co-ordinators: Co-ordinator of Operations; Co-ordinator of Community Resources; and Co-ordinator of Quality Control.

Offices in Alberta are located in Calgary, Edmonton and Red Deer. Calgary currently has a staff of 25 Parole Officers and supervisors, Edmonton has 19, and Red Deer has 5. Red Deer is a sub-office of Edmonton, as is Yellowknife in the Northwest Territories.

Parole Officers require a minimum of a Bachelor's Degree and preferably a Master's, with specialization in social science, social work or criminology. In addition, experience in a corrections related field is beneficial.

•

E. Parole Application Process

1. Time Eligibility Regulations

All adult offenders pentenced to any penal institution in Canada are eligible for parole consideration under the Parole Act when a certain portion of their sentence has been completed. The following chart explains how the concept of time eligibility usually operates:

Sentence

Under two years

Provincial Institutions

Eligible After Serving

One-third of sentence

Federal Institutions

Sentence

1. Two years or more

2. Life as a maximum sentence

3. First Degree Murder (Life)

4. Second Degree Murder (Life)

5. Preventive Detention for indeterminate period: a) habitual criminal h) dangerous sexual offender

Eligible After Serving .

One-third of sentence or seven years, whichever is less; minimum of nine months

Seven years

25 years *After serving 15 years, may apply to the Chief Justice to have eligibility reduced to 15 years

10-25 years - determined by the court *After serving 15 years, may apply to the Chief Justice to have eligibility reduced to 15 years

Subject to annual review

6. Parole forfeiture One-half of new term

Under parole regulations, an inmate serving two years or more

in a Federal Institution must serve nine months before parole can be granted. Those serving three years or more must serve one-third of their

sentence or seven years, whichever comes first. For example, inmates with sentences of 21 years must serve seven years before parole will be granted.

The above time rules are normally followed. The National

Parole Board does have flexibility and may make exceptions to its time

rules (except for those serving Life for murder), if it believes the case

in question is a deserving one and if it feels it would be in the best

interests of the community and the inmate to allow an early release.

Some reasons for allowing early parole releases are:

— 150 —

1) A death or similar tragedy in the offender's family;

2) Special representation by the Judiciary or Crown Prosecutor;

3) Seasonal employment;

4) Schooling, especially in the case of examinations.

These regulations allow for maximum flexibility in granting parole at an appropriate time, yet provide some order and method for the process of granting parole. The time eligibility regulation is designed to preserve the sentence passed by the court for both its punitive and rehabilitative value. This time eligibility concept protects the parole authorities from the charge that they are assuming a function similar to an appeal court. The time rule also brings order and a measure of equity which reduces the effect of personal whims or undue influences.

2. Applying for Parole

Applying for parole is a fairly simple matter. Inmates merely fill in application forms which are kept at the institutions. The appli-cations are sent to the National Parole Board where the process of in-vestigation of the application begins. Because the investigation procedure can -take between three and five months, inmates are generally encouraged to apply about five months before their actual eligibility date.

There is a difference between the handling of parole appli-cations in Federal and Provincial Institutions. In a Provincial prison, an inmate will not be automatically considered for parole, but must either apply or have someone apply for him. The case of every inmate in a Federal Penitentiary is automatically reviewed within six months of his entry into the institution and a date for parole eligibility is set.

Then, unless the National Parole Board is informed in writing that an inmate does not want parole, the case will be reviewed according to the

time rules and every two years thereafter until parole is granted or the sentence has terminated.

The following are the type of questions inmates answer on the application form:

1) Give reasons for making this application;

2) Give your plans for the future, stating where and with whom you will live (give name and address) and how you will care for your dependents, if any;

3) What is your trade or occupation? State briefly your experience, and give names of previous employers;

4) Give names and addresses of anyone willing and able to employ you;

5) Give names and addresses of any relatives, friends or organizations

willing and able to assist you following your release.

3. Process of Assessment for Parole

After the National Parole Board receives the application for

parole an investigation is conducted to determine whether or not parole

— 151 —

should be granted. The National Parole Board's granting or refusing of parole is a matter of their judgement based on investigations and personal interviews with the candidate and his family. Reports from the Court, Police, Correctional Institutions, any other social agencies who may have dealt with him and whatever other information that can be gathered about the candidate constitute the investigatory reports.

In a general way, the question the Board is trying to answer is twofold:

— Is the inmate ready for release? — Is the community ready for his release?

To this end, a considerable amount of data is gathered by the Parole Officer for the Board.

(a) At admission to the institution:

— Admission Report prepared by institutional staff, covering social and criminal history as well as plans while incarcerated;

— Pre—Sentence Report (if available) prepared by Probation Officer to assist the judge at time of sentencing;

— Police Report containing a factual account of the offence including effect of the crime upon the victim, role of the subject in relation to accomplices, prior reputation of the subject and opinions on parole;

— Previous criminal record.

(h) At the time of the parole application:

— Institutional assessment which covers a description of the subject's involvement in institutional programs, behavioural problems encountered and assessment for release;

— Parole Officer's assessment based on knowledge of case from the data gathered as well as personal interviews with the subject;

— A Community Investigation which involves interviews with family members, prospective employers and other persons who may be a help to the subject.

4. Selection for Parole

(a) Criteria

The following list contains some of the criteria looked at by the Board when assessing the various reports submitted in order to select

an individual for parole:

— The nature and gravity of the offence and whether or not he is a repeater;

— Past and present behaviour;

— The personality of the inmate;

•

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- The possibility that on release the Parolee will return to crime and the possible effect on society if he does so;

- The efforts made by the inmate during his imprisonment to improve himself and how well these demonstrate his desire to become a good citizen;

- Whether there is anyone in the community who can - and will - help the inmate on parole;

- The inmate's plans and whether they are realistic enough to aid in his ultimate rehabilitation;

- What employment the inmate may be able to arrange; steady employment must be maintained if at all possible as one of the more important factors in his rehabilitation;

- How well the inmate understands his problem; whether he is aware of why he got into trouble initially, and how well he understands his strengths and weaknesses.

(b) Procedure

In the majority of cases, two out of three Board members can reach a decision to grant, deny or defer parole. Longer sentences require voting by a lârger number of Board members, which is a reflection of the severity of the offence.

Regional Board Members visit Federal Institutions and conduct hearings with parole applicants. Prior to the hearing, they are able to read the data submitted to them by the Parole Officer. The Parole Officer and Institutional Classification Officer are present at the hearing as resources to the Board members. During the hearing, the Board members discuss with the inmate his offence, the use made of his institutional time, and his plans for the future.

The Board members, after consulting among themselves, then tell

the inmate the parole decision, and the reason for that decision, unless it is the kind of case that requires additional votes, and unless the two members fail to agree on a decision. In either of those circumstances, the decision is "reserved" pending review by other Board members.

Provincial inmates have their cases reviewed by Ottawa Board

members only; no hearings are conducted and decisions are based entirely

upon file material.

(c) Decisions

1) Parole granted: The inmate is able to be released as soon as arrange-

ments can be made. Parole will last until the end of the sentence.

2) Parole denied: The inmate will not be released on parole at any time

during his sentence. He is able to apply again but the decision is

likely to remain the same. Reasons for the decision are given.

- 153 -

3) Parole deferred: The inmate is unable to be released immediately, but he will be considered again at a later date. Reasons for the deferral are given, in order that the inmate understands what he must accomplish by the next review date.

4) Day Parole: The inmate is released on a .daily basis to give him the opportunity of working or attending school in the community. Day

parole provides for a gradual transition to full release.

5. Effect of Parole

At the time of admission to an institution (either Provincial

or Federal), each inmate is granted statutory remission which amounts to . one-quarter of his sentence. In addition, the inmate is able to receive

earned remission at the rate of three days per month. The combined re-

mission amounts to approximately one-third of the sentence.

If parole is granted, the parole includes the remission

portion of the sentence.

If a person loses his parole through revocation or forfeiture,

he needs to serve the total time of the parole from the date it was

granted, regàrdless of the portion of time he had already been on parole.

•

- 154 -

F. Parole Supervision

1. Elements of Supervision

When an individual is released on parole he reports to either a Parole Officer, member of an after-care agency, Probation Officer or a private citizen who is responsible for the supervision of the individual until the expiration of his sentence. A Parolee usually meets with his supervisor once a week or more often for the first month, then once every two weeks thereafter, and if there are no problems the visits may eventually be reduced to one per month. This procedure varies according to the individual and his difficulties. During these interviews the supervisor assists the Parolee by utilizing an appropriate combination of service, treatment and control. These concepts are felt to be the three major elements of parole supervision.

(a) Service

As all Parolees have been deprived of their liberty, most need practical assistance when they are released. This assistance may take the_form of helping him find employment, arranging for welfare services, financial assistance, lodging, hospitalization coverage and other related services. The supervisor however does not do the things the Parolee is capable of completing himself. Generally, the Parole Supervisor supplies the knowledge of the community resources and the special services available to these individuals.

(b) Treatment

The treatment element of supervision is concerned with counselling the Parolee about his personal problems. The supervisor,

through the utilization of casework techniques, attempts to discover

the underlying social and emotional problems and then guides the Parolee

in resolving these conflicts. The supervisor aims at helping the Parolee increase his understanding of himself, acquire self-respect and

a sense of responsibility. If the supervisor is not equipped to solve

the Parolee's problems, he will obtain specialized professional assis-

tance for the individual.

(c) Control

Surveillance may be used to keep the supervisor informed of

the Parolee's activities and conduct. For example, some inquiries may

be made to find out if the Parolee is associating with known criminals. The police force co-operates by advising the Parole Service whenever a

Parolee is checked or observed in questionable circumstances. The

supervisor may then face the Parolee with the facts and take some form

of action that may help to change his behaviour and attitudes.

2. Conditions of Parole

There are certain basic restrictions or conditions that every

Parolee must observe while on parole. The parole document contains the

- 155 -

basic parole conditions, a detachable wallet-sized parole certificate, instructions for reporting to the supervisor and an acknowledgement of parole signed by the Parolee. The wallet-sized parole certificate is signed by the Parolee to show he understands that he must abide by all the parole conditions as well as any instructions given by the supervisor for the stated parole period. The normal conditions of parole printed on the document are:

1) To remain until expiry of sentence under the authority of the desig-nated Representative of the National Parole Board.

2) To proceed forthwith directly to the area as designated in the instructions and, immediately upon arrival, report to the Parole Supervisor and after to the police as instructed by the supervisor.

3) To remain in the immediate designated area and not to leave this area without obtaining permission beforehand from the Representative of the National Parole Board through the Parole Supervisor.

4) To endeavour to maintain steady employment and to report at once to •the Parole Supervisor any change or termination of employment or any other change of circumstances such as accident or illness.

5) To obtain approval from the Representative of the National Parole Board, through the Parole Supervisor before:

- Purchasing of motor vehicle; - Incurring debts by borrowing money or instalment buying; - Assuming additional responsibilities, such as marrying; - Owning or carrying firearms or other weapons.

6) To communicate forthwith with the Parole Supervisor or the Repre-sentative of the National Parole Board if arrested or questioned by police regarding any offence.

7) To obey the law and fulfill all legal and social responsibilities.

The conditions of parole outline the behaviour the Parolee must avoid as well as the actions he must complete in order to maintain his freedom. For the Parole Supervisor, they provide the minimum behavioural requirements that the Board expects him to enforce.

Special conditions may be imposed by the Board in order to control particular problem behaviour. As an example, if a Parolee is prone to violence when drinking, the Board may direct him to abstain from the use of alcohol.

The District Director has the authority to modify the con-ditions of parole, except special conditions which can only be changed by the Board. Conditions are usually modified only when the Parolee has shown through his behaviour that control can be relaxed.

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3. Parole Violations

The response to parole violations depends upon the progress the Parolee has made and the circumstances surrounding the violation. However, the Parole Officer does have a range of sanctions to utilize.

In some situations, a discussion may be the only thing required. In others, a direct warning may be needed so the Parolee clearly understands the consequences of further similar behaviour. Special in-structions can be imposed, limiting the Parolee's sphere of activities.

(a) Suspension

If other sanctions have failed to correct negative behaviour, the Parolee can be suspended whereby he is returned to custody temporarily. Senior staff of the National Parole Service have the authority to issue a suspension warrant. The Parolee is arrested by the police (usually the R.C.M.P.) and remanded in custody.

Within 14 days, the suspension may be cancelled allowing the Parolee to return to the community. Prior to release he is interviewed by his supervisor, family members are seen, his employer may be contacted, and an assessment is made as to the likelihood of further serious diffi-

• culties.

(h) Revocation

In the event of serious violation or repeated violations, the Parole Board May revoke the parole. Revocation normally occurs only in exceptional circumstances and when all else has failed. If parole is revoked, the Parolee is returned to serve his full parole term.

(c) Forfeiture

Forfeiture occurs if a Parolee is convicted of an indictable offence punishable by two years or more. The offence needs to have occurred some time during the parole; conviction may take place after parole expiry date.

The Parolee is returned to custody to serve a new term made up of his parole remanent (his full parole term) plus any new sentence given by the court. For example, if his parole was 12 months and he received 6 months on the new charge, he would have a new term of 18 months

to serve.

4. Supervising Agencies in Alberta

Approximately 65 percent of the cases under supervision in Alberta are supervised by the staff of the National Parole Service. The remaining cases are supervised by various organizations under contract.

The John Howard Society is utilized in a number of cases, particularly in those instances where their caseworkers have maintained contact with the inmate and his family.

The Community Services Branch of Alberta Solicitor General is used particularly in smaller centres in the Province. In larger cities, Community Services Branch may be used to supervise those cases where probation follows incarceration.

The Native Counselling Service now has staff located through-out the Province, and are particularly equipped to supervise the Native offender both in urban areas and on reserves.

Approximately 700 people are under supervision in the Province.

G. Mandatory Supervision

Mandatory supervision applies only to inmates serving sentences of two years or more. If an inmate is denied parole, he will be released on mandatory supervision amounting to his remission time, roughly one—third of his sentence.

Mandatory supervision carries conditions identical to parole. Special conditions may be imposed by the Board and instructions may be added by the supervisor. The same sanctions can be applied including suspension and revocation.

Approximately one—third of the persons under supervision in the Province are persons on mandatory supervision.

If those inmates who are selected for parole need assistance through supervision and guidance, then those who are not selected should need even more support. Mandatory supervision then provides for an opportunity to help all inmates released from Federal Institutions. Thus, every Federal inmate will be under some form of surveillance and guidance throughout his total sentence through either custody, parole or mandatory supervision.

•

.

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JUVENILE DELINQUENCY

A. Introduction

Alberta Social Services and Community Health is the Department responsible for service to juvenile delinquents in this Province.

This responsibility implies:

(a) Effective control and rehabilitation of all young offenders (Juveniles);

(h) Protection of society from their actions;

(c) Protection of the young offender from society.

In order to assist in carrying out this correctional function with young offenders, a correctional rehabilitative orientation is employed.

The program stresses an effective community—based treatment design, as opposed to the traditional "training school" model. Because delinquency is a product of child—community based conflict, total rehabili-tation can only be affected when the conflict is resolved. It can only be resolved through involvement of the conflicting parties. Involvement cannot become a reality if the parties are isolated from each other.

Young persons who commit delinquencies are to be seen as persons in conflict with the community, including parents, school, authority, etc. They are products, for the most part, of faulty social-ization and/or cultural conflicts. They do not share all common values of the community or society, they commit delinquencies and official action is therefore brought to bear against them, and official sanctions imposed (eg: Probation, Temporary Wardship, Fines).

B. Statutory Authority

(1) Juvenile Delinquents Act of Canada, 1929

The Juvenile Delinquents Act of Canada is a Federal Statute, enabling Provinces to establish legislation to deal with Juvenile Delinquency within the broad framework of that Act.

Subsection 2(1) defines "Juvenile Delinquent" as:

"juvenile delinquent" means any child who violates any provision of the Criminal Code or of any Federal or Provincial statute, or of any by—law or ordinance of any municipality, or who is guilty of sexual immorality or any similar form of vice, or who is liable by reason of any other act to be committed to an industrial school or juvenile reformatory under any Federal or Provincial statute;

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In Subsection 3(1) the commission of any of the above acts constitutes an offence to be known as delinquency:

The commission by a child of any of the acts enumerated in the definition "juvenile delinquency" in subsection 2(1), constitutes an offence to be known as a delinquency, and shall be dealt with as hereinafter provided.

Further 3(2) indicates how this child shall be dealt with:

Where a child is adjudged to have committed a delinquency he shall be dealt with, not as an offender, but as one in a condition of delinquency and therefore requiring help and guidance and proper supervision R.S., C. 160, s.3.

(2) The Juvenile Court Act of Alberta, 1975

This provides for:

(a) The establishment of Juvenile Courts;

(h) The appointment of Juvenile Court Judges; and

(c) Generally facilitates the ability of the Provincial Authority to carry out the provisions and intent of the Juvenile Delinquents Act.

(3) Child Welfare Act of Alberta, 1975

(a) Part 4 of the Act gives the Department and the Director of Child Welfare the authority and responsibility for Juvenile Delinquency within the Province of Alberta;

(h) It gives the Director (Section 69) the authority to appoint Probation Officers and to assign to them duties;

(c) Power of Probation Officers

Section 70 establishes a Probation Officer appointed pursuant to the Child Welfare Act:

(i) An Officer of the Court; (ii) The powers of a Peace Officer for the purposes of performing

and discharging his duties of a Probation Officer.

(Section 31 of the J.D.A. defines the duties of a Probation Officer).

C. Age Limits and Restrictions by Age for Young Offenders

The Criminal Code of Canada established that no child under the

age of Seven years can be charged with the commission of a delinquency,

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Sections (12) and (13). The Child Welfare Act of Alberta establishes that no child under the age of 12 years, except with the consent of a Judge, may be so charged (Section 75 of the Child Welfare Act).

The upper age limits for Juveniles in Alberta was established by proclamation of the Governor in Council, 1951, at:

(a) Any male, apparently or actually under the age of 16 years;

(b) Any female, apparently or actually under the age of 18 years.

In other words, every child who has attained the age of 12 years or from 7-12 years, subject to the consent of the Judge of the Juvenile Court, and until he or she has reached the age of 16 or 18 years respectively, shall be dealt with as a Juvenile in the Province of Alberta.

There is one exception to these provisions. Section (9) of the Juvenile Delinquents Act provides that a child who is 14 years of age at the time of the commission of the alleged delinquency and where the offence was indictable may be waived to the Adult or Ordinary Courts, at the -discretion of the Juvenile Court Judge if the Judge deems that course of action is in the best interest of the child concerned and the community at large.

D. Juvenile Institutions

The range of services and placement resources available to delinquent youth covers a broad spectrum. More young persons involved with Alberta Social Services and Community Health because of delinquency (either Probationers or those with Wardship status) receive services while living in their own home than in any other placement resource. Beyond home placements the range goes from foster homes, to group homes, to open institutions, to those institutions that are closed and have intensive, highly structured programs.

The nature of the service delivery system for juveniles is an integrated one and as such few facilities are provided for "delinquent" youth only. Most facilities provide services to children with a variety of backgrounds and problems. The needs of the child determine his placement rather than his legal status. At this point detention facilities are the only ones whose function is defined in terms of delinquency and specific charges.

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JUVENILE COURT

A. History

In earlier times, the concept that juveniles who broke the

law required care and education was not considered. Very young children were subjected to all adult criminal procedures and were sentenced as

adults with all the formalities of the criminal law. Numberless juveniles

were imprisoned in reformatories and penitentiaries with adult criminals.

The first Juvenile Court was established in Chicago in 1899. Canada had laws that mitigated the severity of the juvenile laws before this time. In Alberta, Juvenile Courts as they exist today were established in 1952 in Edmonton and Calgary. In other centres, magistrates had the power of a Juvenile Court Judge and handled juvenile cases. Circuit Juvenile Court systems presided over by Juvenile Court Judges from the main centres have since been adopted.

B. -Juvenile Court Concept

The Juvenile Court is that Court which has special jurisdiction of a parental nature over juvenile offenders and neglected children. These juveniles are generally excluded from the legal machinery provided for adults.

The Juvenile Court concept is based on two principles: social protection of children and the legal protection of children. The State undertakes to oversee the children's social needs and interests. While the Court is concerned with these social needs, the Court is also concerned with laws that afford protection to and for the child.

Insofar as all delinquencies are concerned, the Court has as its chief purpose the philosophy to deter juveniles from further delinquencies through rehabilitation. To serve this purpose, the Court has a system of educational and preventive social agencies at its disposal. The expertise of Probation Officers and social workers enable the Judge to make decision about different cases by relying on investigatory reports as to the juvenile's social background and personal needs.

The treatment philosophy of the Juvenile Court is based on

the idea that forces within or beyond a juvenile's control may contribute to delinquency. The Court attempts to assess the nature of these forces in each individual child's life and to modify them in ways that would be most beneficial to the circumstances of a case. It is expected that the Juvenile Court Judge will consider each offender individually. The flexibility in Juvenile Court allows the Court to inquire into the con-ditions, background, surroundings and personality and character of a juvenile to enable the Court to render appropriate decision as to the

child's social welfare. Judicial treatment attempts to provide an adequate

degree of social control that may be lacking in the juvenile's personality

or environment. A juvenile may be placed under close surveillance and is

warned that further delinquency could result in stricter controls.

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.The Juvenile Court has statutory duty to provide that every Juvenile Delinquent shall be treated, not as a criminal but as a mis-

directed and mis-guided child, and one needing aid, encouragement, help

and assistance.

Not only must the Juvenile Court consider what is best for

the child, it must also take into account what is in the best interest of

the community. Accordingly, the Juvenile Court takes into account more

than just the nature of the offence, but also considers what is in the

best interests of the juvenile and the community.

C. Juvenile Court Procedure

In Alberta, the Juvenile Court is concerned primarily with two Acts: The Federal Juvenile Delinquents Act and the Provincial Child Welfare Act.

(a) Under the Child Welfare Act, if a child is suspected to be a neglected child, the Child Welfare Social Workers may apprehend the

child as a neglected child. Once a child is so apprehended, the Child Welfare must bring the child to Court within a certain length of time. The parents or guardians are notified of the time and the place of the hearing. While the child is under apprehension, the child becomes the responsibility of the Provincial Child Welfare authorities. At the Court hearing, the Court hears from all concerned parties and must make a decision as to whether or not the child is neglected. If the Court finds that a child is not neglected under the provisions of the Child Welfare

Act the child is returned to the parents. On the other hand, if the Juvenile

Court Judge finds that the child is a neglected child, the Court may

adjourn the matter for anywhere up to twelve months and during the period

of adjournment order the child to be returned to the parents or guardians

under the supervision of the Director of Child Welfare. On the other hand, the Court may commit the child to the care and custody of the Director of Child Welfare for a period of up to twelve months. During this period of committal the Director of Child Welfare may return the

child home, may put the child in a foster home, or may put the child into

an institution for treatment purpose. It might be noted that immediately prior to the conclusion of that period of time ordered by the Judge, Child

Welfare authorities may apply back to the Court asking for a further

extension of time regarding either committal or supervision.

It might be noted that usually a neglected child is one who

is beyond proper parental control or is one who is abused either mentally, physically or emotionally. At times, proceedings are . commenced under the

Child Welfare Act to prevent the child's drifting into a pattern of

delinquency.

(b) A child who commits a delinquency may be brought into the Court under the Juvenile Delinquents Act. A delinquency is a violation

of any Municipal, Provincial or Federal law. In Alberta a child under

twelve years of age may not be charged unless permission to proceed is

granted by the Juvenile Court Judge. At the other end of the age scale,

at the present time, a boy under sixteen is considered to be juvenile and

a girl under eighteen is to be considered as a juvenile.

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In Alberta, once a juvenile commits a delinquency the child may not necessarily be brought into Court as one charged with a delinquency. The discretion as to whether the juvenile . is charged is often exercised by the police and/or by social workers. If, for example, the offence and the circumstances do not appear to be serious and if it appears that the child will not likely commit another offence, the child may not be charged.

On the other hand if it appears that the offence is a serious one or where the child would benefit from appearing in Court, a charge may be laid against the juvenile. Once a charge is laid, the child and the parents are officially notified as to the date and time when they are

to appear in Court. Once the juvenile,and the parent appear in Court, the child and the parent are advised that the charge will be read to the juvenile and that either the juvenile or parent may request an adjourn-ment to obtain the services of a lawyer. Once the charge is laid, the juvenile may deny the allegation or admit to the offence. On an admission of guilt the Court then requests a report from a social worker as to how best to deal with the child in order to attempt to prevent the juvenile from committing further delinquencies.

If the juvenile denies the allegation, the Court then sets the matter down for trial. While the trial appears to be less formal than a trial in Adult Court, nevertheless the same strict observance of the rules of evidence are followed and at the conclusion of the trial the Judge must then decide on the guilt or the innocence of the child.

If the charge is not proven then that ends the proceedings against the

child under the Juvenile Delinquents Act.

On the other hand, if a juvenile is judged a delinquent

several dispositions are open to the Court.

(c) Sentencing: In Alberta the Court may do as follows:

(1) Suspend final disposition;

(2) Adjourn the hearing or disposition;

(3) Fine the child up to but not more than $25.00;

(4) Place the child on probation;

(5) Admonish the child;

(6) Commit the child to the Director of Child Welfare as a temporary

ward for not more than twelve months;

(7) Impose upon the child such further or other conditions as may be

deemed advisable;

(8) Grant an absolute discharge.

General Comments

Juveniles are protected from undue publicity. Court hearings are held in camera and there is a ban against publicity of juvenile cases in any publication, radio or television where the identity of the youth may be indicated. Further, the general public is not permitted to attend Court hearings but the Judge may permit any member of the public to attend if the Judge decides there is an important reason for such an attendance.

Once the juvenile is convicted of a delinquency he then has a record as Juvenile Delinquent. This rècord may be brought to the attention of other Juvenile Courts if the juvenile appears before these other Courts. However, in theory, the record is a private one and ought not to be used against the juvenile in Adult Courts. It is important to remember that although the record is confidential it may haunt a youth in later years. For example, some companies will not hire anyone with a record whether as a criminal or as a Juvenile Delinquent. As well, some countries will not permit a person on a work visa into their country if they have such a record. It is also worth remembering that in Alberta, since there are no training schools, the Court does not have the right to order the juvenile committed to a closed institution. Once a child is committed to the Director of Child Welfare, the child then becomes the responsibility of the Child Welfare authorities and by Alberta law the Court does not have the right to say what, if any, institution the child should be in attendance. However, if the delinquency is an extremely serious one or if the juvenile has a long recnrd of indictable offences the Judge may decide to hold a waiver hearing and if the Judge decides that it is in the best interest of the child and the community, the Judge may waive the child to Adult Court where he will be treated in the same manner as Adult Court would treat an adult. In this particular type of decision, the Judge may not waive the child, if the child is under fourteen and is not alleged to have committed an indictable offence.

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(JUVENILE) CRIMINAL JUSTICE PROCESS IN ALBERTA

Offence

Police Investigation

Informal Diversion (Warned)

ma,

Chrges

Denial of Del inquent

Trial

1 CCrown Attorney

Pre—displ (done bu . to Cour .

Pre—disposition Report (done but not supplied to Court)

1. Court

Admission of Del inquent

bee' Not D::::7--------+Adjudged Delinquent

' Pre—disposition Report (supplied to Court)

1 Disposition

Admonishmént Probation Commifted to Care and Custody of Director of Child Welfare, under the Juvenile Delinquents Act (maximum 1 year)

•

EXERCISES AND STUDY QUESTIONS

1. Is there a difference in philosophy between the Juvenile Delinquent Act and the Criminal Code?

2. Why is the public not allowed to observe Juvenile Court proceedings?

--y- . ' M '.'CS ' t,

S°1-1.CireCe

r 24

• • '

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BIBLIOGRAPHY

Canadian Committee on Juvenile Delinquency, Juvenile Delinquency in Canada. The Report of the Department of Justice Committee on Juvenile Delinquency, (Ottawa: R. Duhamel, Queen's Printer and Controller of Stationery, 1967).

Canadian Corrections Association, The Child Offender and the Law, a Brief Presented to the Department of Justice Committee on Juvenile Delinquency, Ottawa, Canadian Welfare Council, 1963.

Cavenagh, W. E., Juvenile Courts, the Child and the Law, England: Penguin Books, 1967.

Coffey, Allan, Juvenile Justice as a System: Law Enforcement to Rehabilitation, New Jersey: Prentice-Hall, 1974.

Fox, S.J., The Juvenile Court: its Context, Problems and Opportunities. Submitted to the President's Commission on Law Enforcement and Administration of Justice, Washington, 1967.

Lerman, P., ed., Delinquency and Social Policy, New York: Praeger, 1970.

Loble, L. and Wylie, Max, Delinquency can be Stopped, New York: McGraw-Hill Book Company, 1967.

Nettler, Gwynn, Explaining Crime, New York: McGraw-Hill Book Company, 1974.

Steiner, L.R., Understanding Juvenile Delinquency, New York: Chilton Company, 1960.

Tunley, R., Kids, Crime and Chaos: A World Report on Juvenile Delinquency, New York: Harper and Brothers, 1962.

SUPPLEMENTS

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Information guide on

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