Key Concepts in Canadian Criminal Justice and Policing Terminology

Canadian Criminal Justice and Policing Terminology

Foundational Legal Concepts

Criminal Code

Federal legislation that sets out criminal law procedures, rules for prosecuting federal offenses, and sentencing guidelines.

Canadian Charter of Rights and Freedoms (Charter)

A fundamental component of the Constitution Act that guarantees basic rights and freedoms to individuals in Canada.

Constitution Act, 1867

The constitutional authority defining the division of legislative responsibilities between the federal and provincial governments.

Rule of Law

The foundational principle of the Canadian Legal System, ensuring that all persons are subject to and accountable under the law.

Stare Decisis

The legal principle by which higher courts set binding precedents that the lower courts must follow.

Discretion

The freedom granted to legal actors (e.g., police, judges) to choose between different options when confronted with the need to make a decision.

Categories of Law and Legal Systems

Criminal Law

The body of law dealing with conduct considered so harmful to society that it is prohibited by statute and punished by the government.

Civil Law

The category of law relating to private matters such as contracts, torts, inheritances, and divorce.

Adversarial System

A legal system in which advocates for each party present their case before a neutral judge or jury.

Hybrid (Elective) Offenses

Offenses that can be prosecuted either summarily or by indictment; the decision regarding the method of prosecution is made by the Crown prosecutor.

Models of Justice and Social Order

Value Consensus

A commonly held view within society of what is acceptable behavior and what is not acceptable.

Conflict Model

The view that crime and punishment reflect the power certain groups have to influence the formulation and application of criminal law.

Crime Control Model

A justice model emphasizing that the protection of the community and the efficient apprehension of offenders are paramount goals.

Due Process Model

A justice model emphasizing that the legal rights of individual citizens, including those suspected of crime, against the state are paramount.

Restorative Justice

A system based on the principle that criminal behavior injures the victim, the offender, and the community, focusing on repair and reconciliation.

Policing and Administration Terms

RCMP Act

Federal legislation providing the framework for the operation and governance of the Royal Canadian Mounted Police (RCMP).

Contract Policing

An arrangement where the RCMP or provincial police forces provide provincial and municipal policing services under contract to those jurisdictions.

Division Representative (DivRep) Program

A formal program providing RCMP members with a structured way to express their concerns to management.

Interoperability

The ability of hardware and software systems from multiple agencies (e.g., police, fire, EMS) to communicate and exchange information with one another.

Restitution

A court order requiring the offender to compensate the victim, often financially, for losses incurred due to the crime.

RCMP Applicant Qualifications

Basic Qualifications

• Must be a Canadian Citizen.
• Minimum age of 19.
• Meet physical fitness standards.
• Possess a Grade 12 education (or equivalent).

Preferred Qualifications

• Post-secondary education.
• Ability to speak a second language (bilingualism).
• Relevant volunteer experience.