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Date: November 25, 2024 Mon
Time: 8:02 pm
Time: 8:02 pm
Results for administrative detention
1 results foundAuthor: Skinnider, Eileen Title: Canada’s Approach to Minor Offences, Behavioural Problems and Administrative Detention Summary: In the past few years, the Government of China has been reviewing and revising various forms of administrative detention that continue to be used in parallel to the criminal justice system. The “Re-education Through Labor” (laodong jiaoyang) permits the detention for up to four years of people who are not formally regarded as “criminals”. This form of administrative detention applies to people who are accused of minor offences which are not considered to amount to “crime” in China. For example, this can include people who are deemed to disturb public order, such as prostitutes and people who engage in fights and petty theft. Detention for these groups of people is usually decided by the public security alone, without much judicial supervision or review, without charge or trial, with no right to counsel and no opportunity to defend themselves. The re-education through labour process does not proceed under the Chinese criminal justice system, however people receiving such a term can be detained for one to three years, which can be further extended by one year. With the signing of the International Covenant on Civil and Political Rights, China is preparing to change the Re-education Through Labour system to ensure the compatibility of the Chinese legal system with the provisions in the Covenant. This paper is meant to assist our Chinese partners in such a review by providing some information on the Canadian approach to minor crime and problem behaviour as well as the use of detention outside the criminal justice system. In Canada, a crime involves socially proscribed wrongdoing that have been “agreed” by society as conduct that goes against not only the victim but also the community. Even “minor offences” are dealt with in the criminal justice system, whether this is through the traditional or community based approach. The traditional criminal model puts the State in charge; the case is investigated by the police, the charge is brought by the prosecution and it is up to the State as to how far it will proceed. With the recent concern of the overburden in and cost of the justice system5, as well as the shifting emphasis on restorative justice principles, many countries including Canada, are introducing various measures or alternatives to deal with minor offences. Such alternatives may be based on the restorative justice model which creates greater opportunities for involvement by the victims and more substantial connection between victim and offender. Our criminal justice system focuses on specific acts defined as crimes in the Canadian Criminal Code. Of course these specific acts may be manifestations of underlying behavioural issues. Our system does not criminalise “behavior” per se, nor do we generally detain people who are seen as exhibiting problem behaviour that does not amount to a specific criminal act. There are other State mechanisms that address social ills, such as drug addiction, poverty, child neglect, but these do not generally include detention. However, administrative detention, or the use of forcible confinement for non-criminal matters, is used in a number of situations such as immigration and refugee claims, mental health issues and youth protection. Part II of this paper serves as a review of the Canadian criminal justice system and the international norms pertaining to restorative justice and administrative detention. The importance of ensuring adequate safeguards, fairness and due process in administrative detention proceedings provided by international law is reflected in the Canadian laws on administrative detention. In addressing detention within the criminal justice system, Canada has played a significant role in promoting the importance of restorative justice around the world. The recent United Nations recommendations reflect the growing tendency by countries to seek alternatives to the traditional punishment discourse. Part III examines the history and evolution of the various forms of punishment and incarceration in Canada particularly dealing with minor offences and problem behaviour. Part IV provides an overview of non-custodial measures currently in place in Canada to deal with minor offences. Underlying many of these measures are the principles of restorative justice, providing the victims and the community the opportunity to have a voice while holding the offender accountable for his or her actions. Part V looks specifically at how the Canadian system deals with vagrancy, prostitution, drug addiction, and child abuse or neglect. Part VI examines the procedural fairness that applies to administrative detention situations in Canada. Lastly, Part VII introduces some interesting alternatives to incarceration being undertaken by other countries. While each of these topics could easily be the subject of lengthy discussion, the modest purpose of this paper is to provide an introductory exploration of the legal framework relating to each. Details: Vancouver, BC, Canada: International Centre for Criminal Law Reform and Criminal Justice Policy, 2005. 54p. Source: Internet Resource: Accessed November 5, 2012 at: http://www.icclr.law.ubc.ca/publications/reports/china_re-education_through_labor.pdf Year: 2005 Country: Canada URL: http://www.icclr.law.ubc.ca/publications/reports/china_re-education_through_labor.pdf Shelf Number: 126875 Keywords: Administrative DetentionAlternatives to IncarcerationCriminal Justice Systems (Canada)Minor OffensesMisdemeanors |