Exploring Criminal Justice in * Rick Ruddell, University of Regina, and Jean Sauvageau, St Thomas University

This supplement to Exploring Criminal Justice in provides additional content about crime and the responses of the police, courts, and corrections that is specific to New Brunswick, including issues related to urban and rural crime, and managing the crime-related challenges that are distinctive to the province. In addition, examples are provided of miscarriages of justice and issues related to the increase in crime between 2014 and 2015. Altogether, these cases, events, and information specific to New Bruns- wick enable readers to better understand the provincial context that can’t be covered in a textbook that focuses on the entire nation.

NEW BRUNSWICK: CRIME AT A GLANCE of crime in the nine largest cities in . Figure 1 shows the homicide rate per 100,000 residents for 2015 and Of the 10 provinces, New Brunswick falls below the national the New Brunswick rate of 1.46 (all numbers are rounded in average in terms of the Crime Severity Index (CSI). In 2015 the figures) is somewhat less than the national average of 1.68 the CSI for New Brunswick was 63, which was less than the per 100,000 residents. Of the nine largest cities in Atlantic national average (69.7) and about one-half as high as that of Canada, Figure 2 shows that there were no homicides at all (135.8). Like the rest of Canada, rates of crime in four cities, including Fredericton, while the highest rate reported to the police have been dropping since the 1990s and was in Saint John. One has to be fairly careful in interpreting the rate of violent and offences per 100,000 these results, especially in less populated towns and cities residents reported to the police in New Brunswick is lower where adding even one homicide offence might make places today than rates in the 1970s. Information from the General with a low population appear very dangerous. Social Survey (GSS) shows that residents of New Brunswick The National Inquiry into Missing and Murdered Indigen- had levels of violent victimization (including physical and ous Women and Girls initiated in 2016 has brought renewed sexual and ) that were almost the same as the attention to the issue of violence towards women. According rate for the entire nation (Perreault, 2015). to the Chief Public Health Officer of Canada (2016) more While Exploring Criminal Justice described the interprov- than 200 men and women are victimized every day and most incial differences in the CSI, the following figures show differ- of these individuals are women, and a woman is killed by a ences in the rates of homicide in the provinces as well as levels 3.5 4.0 3.8 3.6 3.0 3.5 3.2 2.5 2.4 3.0 2.1 2.0 1.9 2.5 1.7 2.0 2.0 1.5 1.5 1.0 1.5 1.3 1.3 1.0 1.0 0.9 0.7 0.5 0.6 0.5 000 0 0.0 0.0 n

NL PEI NS NB QC ON MB SK AB BC Halifax St John’s Moncton Homicide rate Canadian Average Saint John Fredericton Summerside Cape Breton Corner BrookCharlottetow FIGURE 1 Provincial Homicide Rates (per 100,000 residents), 2015 FIGURE 2 Homicide Rates, Largest Cities in Atlantic Canada, 2015 Source: Adapted from CANSIM Table 252-0051. Source: Adapted from CANSIM Table 252-0075.

*The ten provincial summaries follow a common template and although the examples presented in this supplement differ from the other nine, some of the content is very similar or will have identical text. Exploring Criminal Justice in New Brunswick member every four days in Canada. With respect to 10,000 9,244 family violence, risks of victimization increase for women, 9,000 8,672 7,458 Indigenous women, people with disabilities, and those who 8,000 7,505 identify as lesbian, gay, bisexual, trans, or questioning (Chief 6,530 7,000 6,269 Public Health Officer of Canada, 2016, p. 6). Self-report sur- 5,997 6,000 5,354 5,427 veys such as the GSS show that most cases of family violence 5,000 are never reported to the police. The Canadian Centre for 4,000 ­Justice Statistics (2016, p. 3) analyzed the 2014 GSS results and reported that “4 per cent of in the provinces with 3,000 a current or former spouse or common-law partner reported 2,000 having been physically or sexually abused by their spouse 1,000 during the preceding 5 years.” Figure 3 presents the findings 0 from the GSS about self-reported violence and reveals that n New Brunswick residents had the fifth highest rates of vic- Halifax St John’s Moncton timization in the nation. Saint John Fredericton Corner Brook Summerside Cape Breton There is also increased attention being paid to the issue of Charlottetow sexual violence since the trial and acquittal of Jian Ghomeshi, FIGURE 4 Total Crime Rate (per 100,000 residents), Largest Cities in Atlantic the CBC broadcaster, in 2016. The Ghomeshi trial further Canada, 2015 highlighted issues related to reporting sexual , such as Source: Adapted from CANSIM Table 252-00775. when reports are made to the police and re-victimization. As noted in Exploring Criminal Justice, sexual offences are among were relatively close to the New Brunswick average of 5,518 the least reported crimes. Perreault (2015, p. 3) ­analyzed the per 100,000 residents (that total includes traffic offences). The results of the 2014 GSS and estimated as few as 5 per cent of all crime rate per 100,000 residents in Moncton, for instance, is sexual offences are actually reported to the police (and only about 50 per cent higher than the New Brunswick average a fraction of those cases result in convictions). Allen (2016, rate, although Moncton had no homicides in that year. One p. 45) reports that the number of sexual assaults reported question that criminologists like to ask is why crime differs so to the police in New Brunswick falls somewhat below the much between these places. national average (58 and 60 offences per 100,000 residents, With respect to youth involvement in crime, Allen and respectively). Although crime statistics show that New Superle (2016, p. 45) found that the number of youth crimes Brunswick has rates of sexual violence less than the national (persons aged 12 to 18 years) reported to the police in New average we do not know the true number of these offences. Brunswick in 2014 (5,030 offences) was greater than the na- Figure 4 shows the total crime rates for the largest cities tional average of 4,322 (see Figure 5). When these researchers in Atlantic Canada for 2015, which indicate some variation in examined the types of crimes carried out by New ­Brunswick the amount of crime occurring in these places, although all youth they found a higher involvement in (a) ,

6.0 14,000 5.5 5.3 13,084 4.9 5.0 4.7 4.6 4.5 4.2 12,000 4.5 3.7 4.0 3.5 10,000 3.3 3.5 7,798 3.0 8,000 2.5 6,020 2.1 6,000 5,380 2.0 4,710 5,030 1.5 3,459 3,456 4,000 3,295 3,071 1.0 0.5 2,000 0.0 NL PEI NS NB QC ON MB SK AB BC 0 NL PEI NS NB QC ON MB SK AB BC Percentage Canadian Average Youth Rate Canadian Average FIGURE 3 Victims of Self-Reported Spousal Violence (%) in the Past Five Years, 2014 FIGURE 5 Youth Crime Rate (per 100,000 residents), by Province, 2014 Source: Adapted from Canadian Centre for Justice Statistics (2016). Source: Adapted from Allen and Superle (2016).

2 Exploring Criminal Justice in New Brunswick

(b) property offences, and (c) “other criminal code” offences, people are moving to the cities for better opportunities. such as public order crimes like mischief, but these youth Given the sparse populations, some residents feel vulner- were less likely to be involved in drug offences (Allen & able and fearful. Mandryk (2016) reports that “rural people Superle, 2016, p. 45). are all too aware that their remoteness” and that the “scar- city of police makes them much more vulnerable.” The Royal Canadian Mounted Police (RCMP) detachments serving rural CRITICAL THINKING QUESTIONS New Brunswick are often spread thin and response times can be lengthy, given the large areas that need to be patrolled, and 1. Why are rates of youth crime rates in Saskatchewan­ bad weather increases response times. As a result, when one more than two times higher than those in New calls 911 in a city the police can usually respond in minutes, Brunswick? but in the countryside a response might take an hour or much 2. What factors explain why some cities in Atlantic longer and especially if the weather conditions are poor. Canada have higher crime rates than other places in Chapter 2 in Exploring Criminal Justice addresses some neighbouring provinces? 3. What factors would contribute to New Brunswick specific types of rural crime. During tough economic times having higher rates of family violence than Newfound- some New Brunswick farmers and landowners supplement land, , , , or ? their incomes by growing marijuana. Police raids on these grow-operations (grow-ops) usually occur in the fall when the plants mature. In September 2016, for example, a mari- juana grow-op was discovered by the police in Tabusintac RURAL CRIME (in the northeastern part of the province) (CBC, 2016), and police removed over 9,000 marijuana plants throughout the We tend to think of rural areas as having relatively low rates of province in 2015 that would have produced 4.5 million joints crime and violence, but as noted in Chapter 2 of Exploring Crim- (Marshall, 2015). While most grow-ops are located in wooded inal Justice, some rural places have higher levels of property and areas, some are carried out in homes; in 2013 a grow-op was violent crime than any city. According to located in the basement of a Clarks Corner nursing home (2011), 356,692 New Brunswick residents (48 per cent of the (Bissett, 2013). One problem dating back to the 1990s is when population) live in the countryside, which is more than twice someone plants marijuana in a farmer’s corn field without the the national average (19 per cent of Canada’s population live landowner’s knowledge. A Globe and Mail (2004) article de- in rural areas). Table 2.2 in Exploring Criminal Justice reports scribes how one farmer found 220 marijuana plants secretly the results of research carried out by Allen and Perreault (2015) growing in his field. indicating that the overall CSI in New Brunswick cities is higher Although marijuana is expected to be legalized in 2017, than in rural areas (58.1 and 44.9, respectively) and the violent a number of problems associated with grow-ops are likely CSI is also higher in urban areas (57.9) than in the countryside to continue. First, these operations can attract criminal or- (43.9). Like other crime statistics, however, those averages will ganizations or outlaw motorcycle gangs, such as the Hells mask the fact that some rural New Brunswick communities Angels, who distribute the drugs throughout Atlantic Canada have very high levels of crime while others are peaceful. (Cherry, 2014). Moreover, hikers are sometimes at risk when One factor that differentiates urban and rural people is they stumble across these grow-ops, as some growers “booby that rural residents are sometimes hesitant to report their trap” their crops. Marshall (2015) and Dooley (2015) point out victimization to the police because they don’t want to be that some of the fields raided by the New Brunswick RCMP the topic of gossip. Writing about rural residents, Smith and used beaver traps (spring-loaded iron traps that can kill small ­McElwee (2013, p. 116) noted that “many victims of crime animals) to deter people coming across these crops from suffer in silence feeling a pressure to conform, ‘keep the peace’ stealing the marijuana. and avoid making accusations.” In addition, rural residents Some crimes occur alongside the coasts and at sea, includ- tend to be more conservative and independent than their ing overfishing or poaching. As the value of seafood increases city counterparts, and may be more likely to retaliate against and the economic downturn in Canada continues, a growing someone who has caused them harm (Clairmont & Thomson, number of individuals may be motivated to engage in illegal 2003). Resolving crime-related conflicts without involving fishing to sell their catch to consumers (Payette, 2016). The the police can sometimes lead to feuds between individuals, commercial fishing industry is tightly regulated and in the , and entire communities. At some point the police case of lobsters, for example, the length of the fishing season, become involved in these conflicts, but they are sometimes the minimum sizes that can be kept, daily quotas, restricting too late to prevent violence. areas that can be fished, and the types of equipment that can Life in the countryside presents some challenges, es- be used are all specified. Some fishers do not abide by these pecially since the rural population is decreasing as young regulations, and a review of the Fisheries and Oceans website

3 Exploring Criminal Justice in New Brunswick shows that every month a large number of recreational and TABLE 1 Changing Crime Severity Index (CSI) in Canada, 2014–2015 commercial fishers are convicted of violating the Fisher- Violations Driving the ies Act in Atlantic Canada (see: http://www.dfo-mpo.gc.ca/ % Change Change in CSI media/charges-inculpations/mar-eng.htm). In some cases, Canada +5 Fraud, B & E, robbery, compliance with commercial fishing regulations contributes homicide Newfoundland and +5 level 1, to conflict between the police and different groups. Labrador robbery, violent firearms There is a history of the police having to respond to protests offences related to natural resources and the environment in the prov- Prince Edward –10 of $5,000 or under, ince. Between 1999 and 2001, for example, Mi’kmaq lobster Island homicide fishers, non-Indigenous fishers, the RCMP, and Fisheries and –7 B & E, theft of $5,000 or under Oceans officers clashed over the enforcement of regulations re- New Brunswick +12 B & E, fraud lated to commercial fishing in what is called the Burnt Church Quebec –3 B & E crisis. Obeidi, Hipel, and Kilgour (2006) observe that the con- Ontario +2 Fraud flict involved Indigenous fishers who felt that federal fishing Manitoba +8 B & E, mischief, fraud regulations limiting harvests infringed on their treaty rights, Saskatchewan +10 B & E, homicide, fraud non-Indigenous fishers who felt economically threatened, and +18 B & E, theft of $5,000 fisheries officers who were trying to prevent overfishing. These or under, vehicle theft protests led to threats of violence, injuries, arrests, and the seiz- British Columbia +4 Fraud, theft of $5,000 ure of thousands of lobster traps. In some cases the authorities or under, robbery engaged in questionable conduct, and Fisheries and Oceans –2 Homicide Northwest +10 Homicide, B & E, assault officers were videotaped ramming their boats into the boats level 3 of the protestors, which could have had tragic consequences. –4 Homicide Another incident related to environmental legislation oc- Source: Adapted from Allen (2016). curred in 2003 and involved Shippagan crab fishers who rioted after their quotas were reduced. The CBC News (2003) reports how protestors burned about 100 crab traps on a Friday night of cases of fraud, breaking and entering (B & E), robbery, and but their protest continued the next day as the size of the group homicide (Allen, 2016, p. 3). Of special interest was a 15 per had increased to about 250 persons. They burned four boats cent increase in homicide offences, and Allen (2016, p. 3) re- and several buildings, and attempted to burn down the Fish- ports that growth was primarily due to increases in Alberta, eries office. There were no immediate arrests but after carrying Saskatchewan, and Ontario. The violations driving the one- out about 1,200 interviews over the next three years, the police year changes in provincial CSI are shown in Table 1. ultimately charged 28 protestors. One of the distinctive aspects All of the provinces except for Nova Scotia, Prince Edward of policing environmental crimes such as fishing regulations is Island, and Quebec showed an increase in the CSI in 2015 that governments must try to balance the long-term sustain- (Nunavut and Yukon also decreased). With respect to New ability of Canada’s natural resources while respecting the ef- Brunswick, the 12 per cent increase in the overall CSI is due forts of poor rural peoples to work and feed their families. to a greater number of break-and-enter and fraud offences. In regard to the province’s violent CSI, an increase of 4 per cent was driven by a greater number of and vio- CRITICAL THINKING QUESTIONS lent firearms offences, but that growth was offset by a lower 1. How can rural New Brunswick residents reduce their number of murders and assaults (Allen, 2016, p. 13). Most risks of victimization? criminologists would agree that we shouldn’t be too alarmed 2. Can you think of any reasons why the amount of mari- by a one-year increase in the national crime rate as there are juana grown in the countryside will either increase or often yearly fluctuations. decrease after the drug is legalized?

CRITICAL THINKING QUESTIONS THE 2014–2015 CRIME INCREASE 1. What are some possible reasons for an increase in One of the key themes in Chapter 2 of Exploring Criminal Jus- the number of break-and-enter offences in New Bruns- wick and six other provinces and territories in 2015? tice in Canada is that crime has been decreasing, and police re- 2. Were there factors specific to New Brunswick in 2015 ported crime in 2015 was lower than in the 1970s. Between 2014 that might explain the increased number of attempted CSI and 2015, however, the national increased by 5 per cent. murders and firearms offences? Most of the national-level increase was due to a greater number

4 Exploring Criminal Justice in New Brunswick PORT SECURITY: firms provide security within strict legal limits on dock premises. . . . Managing security at dockside and CHALLENGES FOR NEW BRUNSWICK along the rest of the Canadian shoreline in our post About 80 per cent of the worldwide trade in goods arrives 9/11 world is being recognized as equally important in by ships that dock at 4,000 ports. According to the World protecting Canadian interests. Port Source (2016) there are 239 ports in Canada, although most shipments pass through the 18 largest port authorities Ports are vulnerable to a number of threats. One of the fore- in cities such as . The Saint John Port Authority most is the possibility that a nuclear bomb placed in a ship- in New Brunswick is the busiest port in Atlantic Canada ping container will be detonated in a port, although this is and “handles in excess of 28 million tonnes of cargo annu- very unlikely to happen in small Canadian ports. Eski (2011) ally” and “is a leading Canadian cruise destination for more also notes that shipping containers could contain biological than a quarter of a century that has hosted more than 1,000 agents or terrorists—in addition to human smuggling or con- ship calls from 12 cruise lines, carrying more than 2 million traband items such as drugs, weapons, or counterfeit goods. guests” (Association of Canadian Port Authorities, 2016). While the possibility of terrorist acts being carried out in Ports have always been “hot spots” of crime given the move- New Brunswick ports exists, it is more likely that smuggling ment of goods and people, and the possibility of smuggling, of persons and illegal goods into the country will continue. theft, and corruption. The members of ships’ crews on shore This is due to inadequate security at ports, a lack of police, leave and visitors from cruise ships have also contributed to inadequate screening of containers (which could be bring- local crime, although most of their offences tend to be minor ing drugs or other contraband into the country), and a lack and related to alcohol use. Today, however, one of the foremost of Canadian intelligence officers at foreign ports (Standing problems is organized crime. The Standing Senate Commit- Senate Committee on National Security and Defence, 2007). tee on National Security and Defence (2007; called the Kenny As the goods, money, and people flowing through ports in- Report) observed that “it is no secret that Canada’s ports are rid- crease, so does the involvement of organized crime. dled with organized crime, and nobody seems to be doing much Presidia Security Consulting (2011, p. 22) reports that about it” (p. 2) and that “security forces at seaports and airports “smaller ports in New Brunswick have also been used for are under-staffed and ill-prepared to deal with organized crime smuggling by the Montreal mafia and the Nova Scotia and and terrorism” (p. 18). In order to reduce the number of persons Quebec chapters of the Hells Angels.” The RCMP reports that involved with organized crime in the nation’s transportation the Hells Angels are returning to New Brunswick. Doucette industries “all 193,000 workers with access to restricted areas at (2016) writes that “the gang has begun to re-assert itself, ce- Canada’s sensitive airports and seaports are being quietly run menting its presence mainly through affiliate or so-called through a police database each and every day—a new system ‘puppet clubs’ in Nova Scotia, New Brunswick and P.E.I.,” and called ‘perpetual ­vetting’—in a push to extinguish ‘the inside cites a gang expert as saying the move into Atlantic Canada threat’ of criminal infiltration” (Humphreys, 2016). “is the gang’s latest attempt to ensure they control the drug From 1843 until 1997 when they were disbanded, Ports market from coast to coast.” Canada Police responded to ordinary crimes, such as theft occurring in the ports, as well as organized crime, fraud, and NEW BRUNSWICK’S JUSTICE SYSTEM white-collar offences. The RCMP is responsible for protecting AT A GLANCE the Halifax, Montreal, Hamilton, and Vancouver ports through its National Port Enforcement Teams. To carry out this role, the RCMP partners with the Canada Border Services Agency, The Police in New Brunswick provincial police in Ontario and Quebec, and regional and The previous pages described how New Brunswick’s crime local police services. The St. John Port Authority partners with rates are quite close to the national average. On 1 July 2015, the police, Transport Canada and the Canada Border Services 1,278 police officers were employed in New Brunswick, or 1.70 Agency to ensure security. But smaller ports, such as the Ports officers for every 1,000 residents, which is slightly less than of Dalhousie and Belledune in New Brunswick, do not share the national average of 1.92 officers (Mazowita & ­Greenland, those higher levels of enforcement, and often rely on private 2016). Several municipalities, such as Saint John, Fredericton, security such as Commissioners. Lynch (2007, p. 22) observes: and Edmundston, have their own municipal police services while the Beresford, Nigadoo, Petit-Rocher, Pointe-Verte­ When we approach any port authority property on (BNPP) police service is a regional force that serves four land we are confronted with steel fencing or some other northern New Brunswick communities. The remainder of security perimeter until we reach the gates that permit the province, including rural areas, is policed by the RCMP access. These gates are guarded 24/7, either manually “J” Division. Altogether, the Mounties patrol an area of about or electronically and dock access is controlled. Private 72,000 square kilometres.

5 Exploring Criminal Justice in New Brunswick

With respect to the number of officers employed by dif- Cotter (2015) reports that 79 per cent of New Brunswick ferent police services, the RCMP deployed the most officers residents have some or a great deal of confidence in the on 1 July 2015, with a total of 841 officers; the remaining 437 police, which is greater than the national average (76 per officers worked for municipal police services. More than half cent). Although the police in New Brunswick have a good of the municipal officers worked in Fredericton or Saint John. deal of public support, they have also been asked to manage Figure 6 shows the number of officers employed in different very difficult situations, including protests in October 2013 New Brunswick police services, including several smaller over “fracking” an unconventional technique of drilling for agencies, such as the BNPP—with only 13 officers in 2015— natural gas that has been criticized due to its effects on the and the Woodstock department, which deployed 15 officers. environment. RCMP officers were required to enforce a court Smaller police services throughout the nation have been injunction to end protests organized by members of the El- disbanding and the towns or cities contract with larger police sipogtog First Nation, and in that confrontation five RCMP services (such as the RCMP) to provide policing. In ­November vehicles were “set ablaze and at least one shot was fired by 2012 the mayor of Perth, Ontario—a city with a 15-officer someone other than a police officer at the site of the protest” police service—remarked that “I truly think that small-town (Canadian Press, 2013). The Canadian Press (2013) reports municipal police forces are an endangered species” (Mills, that “at least 40 people were arrested for firearms offences, 2012). New Brunswick is no exception in that regard, al- threats, intimidation, mischief and violating the court-­ though the question of who can offer the best services at the ordered injunction.” These types of confrontations over the lowest cost resurfaces regularly, especially, it seems, when environment are likely to continue given the international policing contracts need to be renegotiated. attention that has been placed on protests over fracking and In addition to providing rural and small-town policing, the pipeline construction in North Dakota throughout the fall RCMP contracts with larger cities such as Moncton to provide months of 2016. municipal policing services (i.e., the Codiac region, which in- Table 2 shows the provincial police strength and the 2015 cludes the cities of Dieppe, Moncton, and the town of Riverview). CSI and violent CSI for the provinces. Although the number The RCMP (2016, p. 19) also carries out policing in Aboriginal of police officers for every 1,000 provincial residents is simi- communities and reports that officers policing Aboriginal com- lar across the nation, crime rates and responses do vary. For munities in New Brunswick have engaged in some distinctive example, while New Brunswick had the fifth lowest CSI and programs, including participating in a moose hunting training the third lowest violent CSI, the province deployed the third camp for youth so they could learn traditional hunting meth- lowest number of officers per capita for the provinces. As ods. This project brought youth who had been in conflict with noted in Exploring Criminal Justice (pp. 131–132), there is no the law and the police together in an activity intended to in- clear relationship between crime and the number of police crease communication between these parties (RCMP, 2016). that a community employs: wealthier cities, as well as cities

160 TABLE 2 Police Strength, Overall and Violent CSI, 2015 149 145 140 Police Officers 120 per 1,000 110 residents Total CSI Violent CSI 100 (2015) (2015) (2015) Newfoundland and Labrador 1.68 65.6 66.4 80 1.54 49.7 40.8 60 Nova Scotia 1.97 61.9 67.5 39 New Brunswick 1.70 63.0 60.4 40 33 33 33 Quebec 1.94 55.7 65.8 15 20 13 Ontario 1.90 50.6 59.2 0 Manitoba 2.01 104.3 135.9 Saskatchewan 2.02 135.8 134.8 Alberta 1.71 102.3 96.5 Bathurst FrederictonMiramichi Saint JohnWoodstock British Columbia 1.85 94.7 83.0 Edmundston Regional Kennebecasis BNPP Regional Codiac (RCMP) Yukon 3.47 183.6 207.7 4.56 319.0 357.7 FIGURE 6 Officers in the Largest New Brunswick Municipal Police Nunavut 3.55 270.2 380.5 Services, 2015 Canada (Average) 1.92 69.7 74.5 Source: Adapted from CANSIM Table 254-0004. Source: Adapted from Allen (2016); Mazowita & Greenland (2016).

6 Exploring Criminal Justice in New Brunswick with their own police services, tend to deploy more officers paired with a field training officer who provides instruction per 1,000 residents. on how to apply their academic training “to the streets”. Once officers have successfully passed their probationary Police Training in New Brunswick period they will participate in ongoing training, paid by their The pathway for most municipal police officers in New employers, for the remainder of their careers. Many officers Brunswick starts with graduation from the Atlantic Police aspire to promotions through the ranks (e.g., to corporal Academy Police Science Program at Holland College near or sergeant) and they may take leadership courses offered Summerside, Prince Edward Island. That facility provides by their employer, or attend post-secondary coursework. In training for all prospective police officers in the Maritime addition, while all officers spend their first few years on patrol, Provinces (prospective officers from Newfoundland and many will be employed in special assignments throughout Labrador are trained at Memorial University). The program their careers, such as major crime investigation, canine unit, starts every January and each year about 75 to 80 cadets start emergency response, or public relations, and they will require the 35-week program. There is a fairly long list of minimum specialized training to act in these roles. requirements for taking this program, including being 19 Most police officers in New Brunswick work for the RCMP years of age or older and a Grade 12 graduate, although many and all of them are trained at the “Depot” in Regina, which cadets have some post-secondary education. In addition, all was established in 1885. RCMP training lasts for 26 weeks applicants must pass vision and physical health tests, a crim- and the cadets do not have much exposure to the community inal records check, and a full background check (including a prior to their graduation. Once recruits graduate from the polygraph or “lie detector” examination), and all candidates academy, they are required to complete a six-month Field must complete physical and psychological testing (Holland Coaching Program, where they receive on-the-job training College, 2016a). The total costs for the cadet program for the from experienced field training officers, who are called field 2016–2017 academic year are $30,170, which includes tuition coaches. Table 4 summarizes the specific training areas. and uniforms, books, and living expenses (accommodation and meals). According to Holland College (2016b), cadets are New Brunswick’s Courts required to pass the courses listed in Table 3. Like most provinces, there are three levels of courts in New Upon graduation from Holland College the individual is Brunswick, although most people who are arrested make qualified to be a police officer, although graduates have to go their first appearances in one of 14 New Brunswick’s prov- through an additional application process when they apply incial courts (that are staffed full-time). Provincial court to work with a police service. Once hired, officers may be re- judges hear most matters related to summary and indict- quired to attend some additional orientation training, and able offences for adults and youth. New Brunswick Justice all newly appointed constables serve a probationary period, (2016) reports provincial court judges “issue search war- usually lasting 12 months. During this time, officers are often rants, summonses, and subpoenas, warrants of arrest, and conduct bail hearings of accused persons who appear before TABLE 3 Police Training: Holland College the court in custody.” In addition to hearing cases during weekdays, there is also a remand court where the cases of Hours Course of Training persons arrested over the weekend and statutory holidays Crisis intervention and de-escalation 15 are heard (e.g., decisions to grant bail or remand individuals 90 into custody until their next court date) (New Brunswick Principles of traffic services 45 Justice, 2016). Psychology: police-applied social sciences 45 The Court of Queen’s Bench of New Brunswick sits in Sociology: police-applied social sciences 45 eight locations, and has two components. The Trial Division Criminal investigations 90 Police vehicle operations and speed measurement devices 30 TABLE 4 RCMP Recruit Training Workplace communications 30 Topic Hours Occupational safety for police 30 Applied police sciences 370 Professional patrol tactics 60 Detachment visits, exams, etc. 112 Intervention and use of force: restraints and intermediate weapons 60 Firearms 104 Judgmental use of force simulation training 30 Police firearms proficiency and tactical training 60 Police defensive techniques 99 Police physical abilities development 45 Police driving 67 On-the-job training/workplace experience program 300 Fitness and lifestyle 46 Ethics and professionalism 9 Drill, deportment, and tactics 43 Total 984 Total 841 Source: Adapted from Holland College (2016b). Source: Adapted from RCMP (2017).

7 Exploring Criminal Justice in New Brunswick hears serious criminal matters, and all cases of homicide are of the courts due to delays caused by underfunding and the automatically heard in these courts. In addition to hearing increasing complexity of criminal cases” (Lupton, 2016). criminal matters, the Queen’s Bench has a Family Division While the number of criminal cases has been decreasing, that “deals with all family matters such as marriages, divor- New Brunswick’s prosecutors drop fewer charges than those ces, adoptions, division of marital property, claims for spousal in any other province except for Quebec. Figure 8 shows that and/or child support, guardianship and custody and access” 20 per cent of all charges in New Brunswick were withdrawn (New Brunswick Justice, 2016). With respect to criminal mat- or stayed in 2013–2014. Reevely (2016) believes that a reason ters, all jury trials (and trials by judge) are conducted in the for a high number of withdrawals (such as Ontario, with Court of Queen’s Bench. These courts can also hear appeals 44 per cent) is that police might overcharge some suspects related to summary offences, such as theft or impaired driving. (there is an example on p. 266 of Exploring Criminal Justice The Court of Appeal is the highest level of court in the where a “street person” was charged with nine offences for a province and usually sits in Fredericton (although it sat in single incident) and then some of those charges are later with- other communities upon direction of the Chief Justice). Most drawn. One negative outcome of having a large number of matters are heard by three judges, although in exceptional charges is some suspects are kept in jail awaiting court dates cases five judges can sit on a case. These appellate courts and this might contribute to overcrowding. If overcharging hear matters related to appeals of criminal convictions and is occurring, it shows how decisions in one part of the jus- offenders or from the Crown, which can appeal the severity tice system (the police) can have an impact on the courts and of a sentence. corrections. The court statistics presented in Figure 8 suggest The number of adult criminal cases heard by New that overcharging is not a serious problem in New Brunswick. ­Brunswick courts decreased 24.2 per cent between 2000– Ensuring the security of the courts is an important but 2001 (8,783 cases) and 2014–2015 (6,657 cases); that total does often overlooked aspect of the justice system. In the past, not count youth or traffic court cases. This decrease, shown court security was carried out by sworn police officers, in Figure 7, is similar to what is happening in most provinces. but these officers were gradually replaced with sheriffs in The case processing time (from the person’s first appear- most provinces. In New Brunswick, the officials providing ance until the case is closed), however, has been increasing. court security are sheriffs hired as special constables (who The median case processing time increased from 64 days have limited police powers) and are based in eight regions in 2001–2002 to 109 days in 2014–2015, which is somewhat throughout the province. Sheriffs provide court security for less than the median of 121 days for the entire nation (see all three levels of courts (Provincial, Queen’s Bench, and the CANSIM Table 252-0055). Those delays may have a significant Court of Appeal) and are responsible for transporting pris- impact on the administration of justice given the decision oners from places of detention to courts and from courts to of the ­ in R. v. Jordan mandating provincial or federal correctional centres (and ensuring their that criminal cases be resolved within 18 months (provincial safety while in court). Some sheriffs also serve legal docu- courts) or 30 months (superior courts such as the Court of ments such as “summonses, subpoenas, and notices or pe- Queen’s Bench). As a result of this decision, the prosecution titions issued under various legislation for individuals and of “thousands of criminal cases are at risk of being tossed out 50 45 44 10,000 40 36 9,000 35 33 31 8,000 30 29 28 7,000 25 25 22 20 6,000 20 5,000 15 4,000 10 8 3,000 5 2,000 0 1,000 NL PEI NS NB QC ON MB SK AB BC 0 Charges Stayed Canadian Average 2001 2003 2005 2007 2009 2011 2013 2015

FIGURE 7 Criminal Cases Heard in New Brunswick Courts, 2000–2001 to FIGURE 8 Percentage of Criminal Charges Stayed/Withdrawn by Province, 2014–2015 2013–2014 Source: Adapted from CANSIM Table 252-0055. Source: Adapted from CANSIM Table 252-0053.

8 Exploring Criminal Justice in New Brunswick other Government Departments” (New Brunswick Justice 350 and Public Safety, 2016). Many of the duties related to serv- 300 ing documents are the outcomes of civil court matters. Those interested in becoming a sheriff might consider taking the 250 24-week sheriffs and public safety officer course at Holland College in Summerside, Prince Edward Island. 200 150 Provincial Corrections Five adult correctional facilities are operated by the New 100 Brunswick government, and Table 5 shows their average daily 50 count in 2014–2015. Although these facilities hold persons re- manded into custody and offenders sentenced to serve terms 0 of incarceration of less than two years, lengthy sentences are 2001 2003 2005 2007 2009 2011 2013 2015 not the norm. A review of persons sentenced to provincial Sentenced Remanded corrections in New Brunswick in 2014–2015 shows that the median sentence was 21 days, and that of the 2,306 offenders FIGURE 9 Average Daily Population of New Brunswick Correctional Centres, sentenced to a term of provincial corrections, 1,327 of them Remand and Sentenced Inmates, 2000–2001 to 2014–2015 (57.5 per cent) had a sentence of one month or less and only Source: Adapted from CANSIM Table 251-0005. 158 (6.9 per cent) had sentences longer than six months (see CANSIM Table 251-0024). New Brunswick inmates serving a sentence can earn an early release (called an earned remis- more than the national average of $198.50. These costs, how- sion) if they obey the correctional centre rules and participate ever, are much less than that for housing a federal inmate, in the programs. The Canadian Association of Elizabeth Fry which was $301.94 in 2014–2015 (Reitano, 2016, p. 16). Phrased Societies (2010, p. 71) reports that female inmates can reduce another way, it costs $75,632 to incarcerate a New Brunswick their sentences by as much as 15 days for every month they inmate for one year in a provincial facility whereas it costs are in custody. In other words, an inmate sentenced to two $110,208 to house an offender in a federal prison. months might be released after one month if she demon- strates positive behaviour. Federal Offenders in the Correctional Figure 9 shows the average number of adults incarcerated­ each day (the average daily population) in New Brunswick­ Service of Canada Facilities provincial correctional facilities from 2000–2001 to Federal prisoners are serving terms of imprisonment of two ­2014–2015 increased from 275 to 408 (48.4 per cent). That years and longer and about one-quarter are “lifers” who will total includes remanded and sentenced inmates, and while be under correctional supervision for the rest of their lives. the number of sentenced inmates remained fairly stable, the There are five federal facilities in the Atlantic region. All number of remanded inmates doubled over this era. Accord- but one of the facilities—the Nova Institution for Women ing to Reitano (2016, p. 10), the incarceration rate is 66 inmates in New Brunswick—have all-male populations housed in for every 100,000 New Brunswick residents, which is lower minimum, medium, or maximum security settings. Table 6 than the national average of 85 inmates per 100,000 residents shows the rated capacity of these institutions in 2013–2014 (Manitoba leads the provinces with 240 inmates for every (four of these facilities were in the process of adding beds). 100,000 residents). Most of these prisons are medium security, although the Incarcerating inmates is an expensive undertaking. Dorchester Institution in Nova Scotia is a multi-level facility, Reitano (2016, p. 16) reports the average daily cost to house an inmate in New Brunswick was $207.21, which was somewhat TABLE 6 Federal Penitentiaries in the Atlantic Region

TABLE 5 New Brunswick Provincial Correctional Centres Bed Facility Capacity Average Atlantic Institution (Renous, NB) 235 Facility Daily Count Dorchester Penitentiary (Dorchester, NB) 644 Saint John Regional Correctional Centre (Saint John) 124 Nova Institution for Women (Truro, NS) 81 Southeast Regional Correctional Centre (Shediac) 143 Shepody Healing Centre (Dorchester, NB) 50 Dalhousie Regional Correctional Centre (Dalhousie) 64.5 Springhill Institution (Springhill, NS) 550 Madawaska Regional Correctional Centre (Saint-Hilaire) 63 *All of these facilities, with the exception of the Shepody Healing Centre, are scheduled New Brunswick Women’s Correctional Centre (Miramichi) 34 to expand capacity. Source: Adapted from Public Safety New Brunswick (2015). Source: Adapted from Correctional Service of Canada (2013).

9 Exploring Criminal Justice in New Brunswick meaning that there is more than one security level. The At- Youth Corrections lantic Institution in Renous, New Brunswick, is a maximum security facility and any offender convicted of homicide Youth aged 12 to 18 years who have been remanded or sen- will automatically spend his first two years in custody in tenced to custody are placed in youth facilities operated by that facility. provincial governments. These facilities are either secure The Correctional Service of Canada CSC( ) also operates (which are often larger high security facilities) or open cus- three community correctional centres (CCCs) in Atlantic tody, which are usually smaller community-based low sec- Canada, and these are low security community-based fa- urity operations. The programs offered to the residents will cilities that house offenders released on either day parole or differ in that the open custody youth will be held in less re- conditional releases. Most CCC inmates are working or are strictive conditions and they may have more access to com- attending school and/or rehabilitative programs in the com- munity activities, such as attending a community school or munity during the day and return in the evenings. These working. Youth sentenced to secure custody, by contrast, facilities are located in Saint John (Parrtown CCC), Halifax have generally pleaded guilty to more serious offences, or (Carlton CCC), and St John’s (Newfoundland and Labrador they have histories of escapes from custody that make them CCC). The CSC also contracts with non-governmental agen- less suited for a community-based open custody program. As cies, such as the St Leonard Society, to provide low security a result, most of the rehabilitative and educational programs housing for offenders who have been conditionally released for these youth will occur within the facility. or paroled to one of the community-based residential facili- In New Brunswick there are two open custody options: ties shown in Table 7. Like the CCCs, most offenders in these placement in an addictions facility (designated as open cus- facilities are working, attending school, or participating in tody) or in a unit attached to the New Brunswick Youth rehabilitative programs. Centre (a secure custody institution). The Office of the Child and Youth Advocate of New Brunswick advocates on behalf of youth, and one of their priorities is to reduce the use of TABLE 7 Community-Based Residential Facilities, Atlantic Canada youth incarceration. The Office of the Child and Youth Advo- New Brunswick Fredericton cate (2015, p. 6) notes that • Island View House Moncton • Atlantic Human Services Far too often it is the most vulnerable youths who • Greenfield House (Salvation Army) are caught in the system—youths with mental health Saint John • Hart House (John Howard Society) disorders, youths with addictions issues, youths with • Coverdale backgrounds as victims of abuse and neglect; homeless Newfoundland and St John’s youth; youth with intellectual disabilities; youth from Labrador • Emmanuel House marginalized or minority identity groups. • Howard House (John Howard Society) Stephenville • West Bridge House (John Howard Society) The observations about the groups vulnerable to youth Happy Valley-Goose Bay incarceration are consistent with the adult correctional • Labrador Friendship Centre populations described in Chapter 9 of Exploring Criminal Nova Scotia Dartmouth • Railton House Justice. Figure 10 shows that the average number of youth Halifax held in custody decreased significantly between 2000–2001 • Sir Sanford Fleming House—St Leonard’s and 2014–2015: from a daily average of 146 to 37 youth Society • Marguerite Centre (a 75 per cent decrease). This decreased number of incarcer- • Nehiley House—St Leonard’s Society ated youth is consistent with what happened in other prov- Sydney • Howard House Association of Cape Breton inces after the introduction of the Youth Criminal Justice Act • Elizabeth Fry Satellite Apartment and more youth were diverted from the formal court system. Truro Table 8 shows the community services delivered to New • Lavers House—Dismas Society Brunswick youth in 2014–2015. All of the services reported Prince Edward Island Charlottetown • Lacey House below are included in the online chapter on youth justice, • Addictions Services—Queens Region but are briefly described here. First, Table 8 shows that in (detox) • Addictions Services – Queens Region 2014–2015, 368 youth were formally diverted from the formal (rehab) youth justice system such as appearing in court. These youth • Talbot House are generally non-violent first-time offenders and extrajudi- • Mt Herbert Addiction Treatment Facility • St Eleanor’s House cial measures might involve verbal or written warnings or Source: Adapted from Correctional Service of Canada (2013). require the youth’s participation in a program intended to

10 Exploring Criminal Justice in New Brunswick

160 describes the youth’s strengths and weaknesses and the po- 140 tential for rehabilitation given his/her involvement in crime. In 2014–2015, 368 of these reports were prepared. Based on 120 the recommendations of the community youth worker, the 100 judge will sentence the youth, and as shown in Table 8, those sentences are primarily community-based and the most 80 common is probation. As the table shows, a smaller number 60 of youth who may require a greater degree of supervision or 40 have specific unmet needs (e.g., addictions) are placed on in- tensive support programs or in treatment. 20 Most Canadians have engaged in some minor crimes 0 when they were young, but a smaller number of us continue 2001 2003 2005 2007 2009 2011 2013 2015 to engage in crime as we age. Crime prevention programs FIGURE 10 Average Daily Population of Youth in Custody, New Brunswick, and timely interventions can reduce the amount of youth 2000–2001 to 2011–2012 crime, and these actions reduce victimization and are less Source: Adapted from CANSIM Table 251-0008. costly to society. A research report, Tyler’s Troubled Life (the summary is two pages), shows the benefits to society from saving a youth from a life of crime: The summary, written by TABLE 8 Youth Community Services, 2014–2015 Community Safety and Countering Crime Branch, Research Youth Community Services Services Division (2016), is available at https://www.publicsafety.gc Pre-sentence reports ordered 346 .ca/cnt/rsrcs/pblctns/2016-s005/index-en.aspx. Extrajudicial sanctions program 368 Readers interested in youth justice are encouraged to Fine option program 1 review the Child and Youth Advocate New Brunswick report Community service work program 93 entitled More Care, Less Court, which is available at http:// Placed on probation 200 www.cyanb.ca/images/MoreCareLessCourt.pdf. Intensive support program 22 Deferred custody program 45 Portage substance abuse treatment program 34 Report Card on New Brunswick’s Source: Adapted from Public Safety New Brunswick (2015). Criminal Justice System Perrin and Audas (2016) graded the effectiveness and efficiency reduce future risks (e.g., addictions treatment). Without of the justice systems in each of the provinces and territories these options, more youth would be placed in custody, which and their results are presented in Table 9. New Brunswick ranks is both expensive and may contribute to future incarceration. third highest in this rating, and the province gets good marks For youth appearing in court, most judges require that a for costs and resources and public safety, but ranks lower in pre-sentence report be written by a community youth worker support for victims. Table 10 shows the different objectives of (who has a job similar to a probation officer for adults) that the criminal justice system and how they were measured.

TABLE 9 Report Card on Provincial and Territorial Justice Systems

Public Support Cost Fairness Overall Province Rank Safety for Victims and Resources and Access Efficiency Grade PEI 1 B+ B+ B+ B A B+ NL 2 B B+ C+ B+ B B NB 3 B+ C+ B+ B B B QC 4 B C+ B B+ C+ B NS 5 B B C+ B+ C+ B AB 6 C+ B B+ C C+ C+ ON 7 B B B C+ C C+ BC 8 C+ C B C+ B C+ SK 9 C C+ C C+ B C+ NU 10 C F F A+ A C+ NWT 11 C+ F F B+ A C MN 12 C+ C D C+ C C YK 13 C F F B+ B+ C Source: Adapted from Perrin and Audas (2016).

11 Exploring Criminal Justice in New Brunswick

TABLE 10 Objectives of Criminal Justice Systems overturned, before Innocence Canada was formed (or they relied on other lawyers for help). The University of New Public Safety • The fundamental purpose of the justice system is to protect society by holding offenders Brunswick Faculty of Law, in partnership with the Associ- accountable, but also by providing supports to ation in Defence of the Wrongly Convicted (now Innocence rehabilitate offenders. • Measured by (a) crime and clearance rates; Canada), has offered a seminar on wrongful convictions for (b) public perceptions about police enforcing law students. Almost 100 prisoners have asked for help from the law, ensuring safety, and satisfaction with safety. Innocence Canada and 3 are from New Brunswick (Inno- cence Canada, 2016). Support for Victims • Victims have rights related to information, protection, participation, and restitution. While Canadians are familiar with the names of wrong- • Measured by (a) proportion of offenders given fully convicted persons such as David Milgaard from restitution orders; (b) referrals to victims’ services; and (c) public perceptions about police ­Saskatchewan or Donald Marshall from Nova Scotia (pro- supplying information and being approachable. filed on p. 2 of Exploring Criminal Justice), individuals who Costs and Resources • The justice system should be run in a cost- have been wrongfully convicted in New Brunswick are less effective manner while meeting its core objectives. well known, but one prominent case is Erin Walsh, a man • Measured by (a) per capita cost of public safety; who waged a 33-year fight to clear his name. Harland-­Logan (b) per capita cost of corrections; (c) average (2016) reports Walsh was an Ontario drug dealer who came daily inmate cost; and (d) number of police per capita. to Saint John with a friend to sell methamphetamine in Fairness and Access • The justice system must guarantee that the August 1975. These two men later met up with two local men to Justice constitutional rights of accused persons are and the group talked about selling drugs. Another local man upheld and provide them with fair and impartial trials, as guaranteed by the Charter. joined them the next day and together the five went to Tin • Measured by (a) legal aid expenditures per Cup Beach. crime; (b) percentage of trials with a guilty outcome; (c) proportion of Aboriginal persons Harland-Logan (2016) describes how the three New in custody versus their prevalence in the Brunswick men tried to rob the Ontario drug dealers at population; and (d) public perceptions about the gunpoint, and at one point in the incident Walsh escaped, police being fair. climbed an embankment, and asked some men working on Efficiency • A well-functioning criminal justice system should ensure prompt and thorough investigations and the railroad tracks to call the police. Walsh later rejoined the timely prosecutions and trials. group believing the threat was over, but the man with the • Measured by (a) Criminal Code incidents per police officer; (b) accused on remand shotgun pointed the gun at Walsh’s head and told him he was per 1,000 crimes; (c) average criminal case about to be killed. There was a struggle for the gun and in the processing time; (d) percentage of cases stayed or withdrawn; and (e) public perceptions about process Melvin “CheChe” Peters (the man who had pointed the police responding promptly. the firearm at Walsh) was shot in the chest. The police, who Source: Adatped from Perrin and Audas (2016, pp. 29–30). had been called by the track workers, arrived shortly after the shooting: Peters was still alive and sought their help but he later died in hospital. All four men at the scene were im- CRITICAL QUESTIONS mediately arrested and Walsh was charged with murder later that day. 1. Based on this report card, and your personal experi- On 17 October 1975, three months after the offence, ence, what does the justice system in New Brunswick Walsh was convicted of second-degree murder by a jury (who do well, or poorly? 2. What steps would you take to improve New Bruns- only required one hour—with a lunch break!—to make their wick’s justice system? decision) and he served 10 years in prison before being par- oled. In the subsequent years, Walsh was returned to prison several times for violating the conditions of his parole. Walsh always maintained his innocence and he appealed his con- WRONGFUL CONVICTIONS: ERIN WALSH’S viction, but the New Brunswick Court of Appeal upheld his 33-YEAR FIGHT TO CLEAR HIS NAME conviction. TheCBC (2010) reports that Walsh obtained new evidence When somebody is jailed, convicted, or punished for an of- in 2005 that cast doubt on his conviction (the two friends of fence he or she didn’t commit, it shakes the public’s faith in Peters had been recorded by police suggesting that Walsh did the entire justice system. Wrongful convictions date back not shoot Peters). The Crown prosecutor, however, did not to the start of justice systems, and since 1993, 21 Canadians give that evidence to Walsh’s defence lawyers. have been found to have been wrongfully convicted through The federal government reviewed Walsh’s case in 2006 the efforts of Innocence Canada (2016). Other individuals and the federal Minister of Justice referred the case back to have been released from prison, or had their convictions the New Brunswick Court of Appeal, which overturned his

12 Exploring Criminal Justice in New Brunswick

1975 conviction based on the new evidence. Roach (2012, Youth Centre in Saint John. For the next three years she had p. 1492) reports that “after hearing new evidence from a a number of admissions and discharges to youth custody and variety of witnesses and examining archival material that while incarcerated she was extremely disruptive and engaged should have been disclosed [the Court] entered an acquittal. in self-harming behaviours. The Ombudsman (2008, p. 19) It stressed that the prosecutor had agreed that the fresh evi- reports she had “upward of eight hundred documented in- dence should be admitted, that there was a miscarriage of cidents that took place at the NBYC over a three year span.” justice, and that a new trial was not feasible.” Harland-Logan Many of the incidents resulted in her placement in segrega- (2016) writes that Walsh was “convicted because he was never tion (a high-security locked cell). provided with the evidence that he needed to make his case.” The Ombudsman (2008, p. 21) reports Ashley was in- The importance of the police and prosecutor in making full volved in “over one-hundred and fifty self-harm related inci- disclosure of all evidence to the defence attorney was later dents in a span of three years.” Because she had been involved guaranteed by the Supreme Court of Canada in the 1991 in so many incidents she was placed in the Restigouche Hos- R. v. Stincombe decision (see p. 94 in Exploring Criminal Justice). pital Centre (RHC) for a court-ordered assessment that lasted The CBC (2010) reports Walsh sought $50 million in 36 days and was then returned to the youth facility. By this compensation from the provincial government, the Saint point Ashley was 17 years of age, and an application was John police, and the Crown prosecutor. Walsh did receive made to transfer her to a provincial correctional centre upon an undisclosed amount of compensation in October 2009 her eighteenth birthday. After court hearings that took place for the wrongful conviction and the time he spent behind over several days, this application was approved by a judge bars, but he died less than a year later from cancer at and she was transferred to the Saint John Regional Correc- 62 years of age. tional Centre (SJRCC). Ashley Smith was admitted to the SJRCC on 5 October 2006 and within a month she had accumulated 34 incident CRITICAL QUESTIONS reports, including several incidents resulting in criminal charges. Similar to her time in youth custody she had spent 1. Campbell and Denov (2016) estimate that about half most of her time in segregation (Ombudsman, 2008, p. 27). of one per cent of convictions in Canada are wrong- ful, or 1,640 cases in 2014–15. What are some out- On 24 October 2006 she appeared in adult court and was comes of those miscarriages of justice? sentenced on the charges stemming from the incidents at the 2. How can we hold accountable the persons who make SJRCC, and since this time was added to her existing sentence, miscarriages of justice, such as the police and pros- her total sentence now exceeded two years, which made it ecutors involved in a case? possible to place her in a federal prison. On 31 October­ 2006 3. What leads the police, prosecution, judges, and juries Ashley Smith, who was only 18 years of age, was admitted to find an innocent person guilty? Do factors such as to the Nova Institution in Truro. Within a year she would age, gender, race, and social class influence the deci- be dead. sions these stakeholders make? According to Howard Sapers (2008, p. 5), the Correctional Investigator of Canada, in the next 11 and a half months Ashley Smith was “involved in more than 150 security inci- ASHLEY SMITH: WHY DID THE SYSTEM dents, many of which revolved around her self-harming be- FAIL THIS YOUNG WOMAN? haviours. These behaviours consisted of self-­strangulation using ligatures and some incidents of head-banging and In 2007, Ashley Smith committed suicide in a Correctional superficial cutting of her arms.” Sapers (2008, p. 5) observes Service of Canada prison at age 19, while prison officers that “in the space of less than one year, Ms. Smith was moved watched because they had been ordered not to intervene. 17 times amongst and between three federal penitentiar- Ashley, who was originally from Moncton, had a troubled ies, two treatment facilities, two external hospitals, and one life. At 10 years of age she began displaying disruptive be- provincial correctional facility.” In this period of federal im- haviour at school and her conduct was getting worse as she prisonment she lived in facilities in Nova Scotia, Ontario, became more disruptive, disrespectful, and defiant. Accord- Quebec, and Saskatchewan. ing to a report written by the New Brunswick Ombudsman On 19 October 2007 Ashley Smith committed suicide & Child and Youth Advocate (2008, p. 8) (hereafter Ombuds- at the Grand Valley Institution in Kitchener, Ontario. The man), Ashley first entered the youth justice system at age 13 case drew national attention as policy-makers and the public “charged with assault and disturbance in a public place.” By questioned why a young person’s life could end so tragic- age 15 she had made 14 appearances in New Brunswick youth ally, given the resources of the provincial youth, social, and courts, and eventually she was placed in the New Brunswick health systems, as well as both the provincial and federal

13 Exploring Criminal Justice in New Brunswick corrections departments. Like other high-profile cases, there were a number of inquiries, reports were written, and CRITICAL QUESTIONS two inquests were held (in 2011 and 2012), and after hear- 1. If you were working in a youth facility, how would you ing testimony for 11 months, a 2013 coroner’s jury ruled that form a relationship with a resident who had been in- Smith’s death was a homicide due to the staff’s failure to act volved in 800 incidents and 150 acts of self-harm? (CBC, 2013). 2. How do we hold the persons who failed Ashley Smith Investigations by the New Brunswick Ombudsman (2008) accountable for her death? and Correctional Investigator (Sapers, 2008) provide us with a list of reasons as to why these systems failed Ashley Smith. The Ombudsman (2008, pp. 4–6) identified the following SUMMARY shortcomings, which are summarized as (a) a lack of mental health services, (b) the overuse of segregation, (c) the need to The amount and seriousness of crime varies across the coun- enhance legal advocacy and representation for youth, (d) a try and this supplement shows that New Brunswick has rates need to place more scrutiny on transfers of youth to the adult of property and violent crime that are about average for the system, and if transferred (e) the need to ensure that inmates nation. Those provincial averages, however, mask the fact under 19 years of age are held apart from older inmates and to that some places in the province have higher rates of crime restrict the use of force on these youth (including prohibiting and some people are at a greater risk of being victimized. the use of Tasers on youth). ­Although the province has a fairly low homicide rate, there The Correctional Investigator also made a number of rec- was an increase in the number of violent crimes in 2015. ommendations to improve the care for young persons in fed- Because every province has different histories, population eral prisons. Sapers (2008, pp. 19–24) identified the following characteristics, levels of economic development, political system failures: (a) inadequate mental health resources and values, and cultural beliefs, the crime control solutions will (b) the lack of external reviews of placing prisoners in segre- be different as well. As a result, the personnel working in New gation, and called for (c) strengthening the inmate grievance Brunswick’s adult and youth justice systems may respond to system, (d) changing the structure within the Correctional antisocial behaviour and crime in a slightly different manner Service to improve the treatment of women prisoners, and (e) from what occurs in neighbouring provinces or territories. ensuring that recommendations of investigators, coroners, A report card on the operations of the justice system de- and medical examiners are implemented. veloped by Perrin and Audas (2016) suggests that the prov- It is clear that Ashley Smith had a troubled life and that she ince does a fairly good job in responding to crime. This is one did not receive the help she needed. She is not the only case. reason why surveys of Canadians show that New Brunswick Another example of a person who “fell through the cracks” of residents have a greater amount of confidence in the justice the correctional and mental health systems is Edward Snow- system and courts than the national average (62 per cent of shoe, an Indigenous man from the Northwest Territories who New Brunswick residents said they had some or a great deal of killed himself in a federal prison in Alberta in 2010. While it confidence in the courts and justice system compared with the is too late to make any changes for Ashley Smith or Edward national average of 57 per cent). While the justice system will Snowshoe, we can learn from these tragedies and make chan- never eliminate crime, we can attempt to prevent crimes and ges to improve the justice system. For more information, a protect those most at risk of victimization, as well as better re- Fifth Estate documentary on Ashley Smith’s life can be ac- spond to the needs of offenders. Learning about the differences cessed online at http://www.cbc.ca/fifth/episodes/2009-2010/ in crime problems and how we respond to them makes explor- out-of-control. ing criminal justice in Canada an interesting undertaking.

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CANSIM Table 251-0008. (2016). Youth Community Safety and Countering Crime Retrieved from http://bigcountry969.com/ correctional services, average counts of Branch, Research Division. (2016). Tyler’s rcmp-remove-over-9000-marijuana-plants- youth in provincial and territorial programs. troubled life. Retrieved from https://www across-new-brunswick/ Ottawa: Statistics Canada. .publicsafety.gc.ca/cnt/rsrcs/pblctns/2016-s005/ Mazowita, B., & Greenland, J. (2016). Police CANSIM Table 251-0018. (2016). Adult index-en.aspx resources in Canada, 2016. Ottawa: Canadian correctional services, operating expenditures Correctional Service of Canada. (2013). Atlantic Centre for Justice Statistics. for provincial, territorial and federal region. Retrieved from http://www.csc-scc Miladinovic, Z., & Mulligan, L. (2015). Homicide programs. Ottawa: Statistics Canada. .gc.ca/institutions/001002-1000-eng.shtml in Canada, 2014. Ottawa: Canadian Centre for CANSIM Table 252-0051. (2016). Incident-based Cotter, A. (2015). Public confidence in Canadian Justice Statistics. crime statistics, by detailed violations and police institutions. Ottawa: Statistics Canada. Mills, C. (2012). Small-town police forces in services, Quebec. Ottawa: Statistics Canada. Dooley, R. (2015). Police dismantle booby- Ontario are giving way to the OPP. Toronto Star. CANSIM Table 252-0053. (2016). Adult criminal trapped grow op near Chipman, NB. Global Retrieved from https://www.thestar.com/news/ courts, number of cases by decision. Ottawa: News. Retrieved from http://globalnews. canada/2012/11/30/smalltown_police_forces_ Statistics Canada. ca/news/2241603/police-dismantle-booby- in_ontario_are_giving_way_to_the_opp CANSIM Table 252-0055. (2016). Adult criminal trapped-grow-op-near-chipman-nb/ .html courts, cases by median elapsed time in days. Doucette, K. (2016). “Little violence” as Hells New Brunswick Justice and Public Safety. Ottawa: Statistics Canada. Angels make their return to . (2015). Public safety: Annual report 2014–2015. CANSIM Table 252-0075. (2016). Incident-based CBC News. Retrieved from http://www.cbc.ca/ Fredericton, NB: Author. crime statistics, by detailed violations and news/canada/nova-scotia/hells-angels-make- New Brunswick Justice and Public Safety. police services, Atlantic provinces. Ottawa: return-to-maritimes-1.3913710 (2016a). The provincial court of New Statistics Canada. Eski, Y. (2011). “Port of call”: Towards a Brunswick. Retrieved from http://www.gnb CANSIM Table 254-0004. (2016). Police personnel criminology of port security. Criminology & .ca/cour/06PCNB/index-e.asp and selected crime statistics, municipal police Criminal Justice, 11(5), 415–431. New Brunswick Justice and Public Safety. services. Ottawa: Statistics Canada. (2016b). Sheriffs. Retrieved fromhttp://www Globe and Mail. (2004). Quebec Canada’s CBC. (2003). Police watch in horror as Shippagan .gnb.ca/content/gnb/en/services/services_ pot hot spot. 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Ruddell, R. (2017). Policing rural Canada: Police, Standing Senate Committee on National University of New Brunswick Faculty of Law. partners, and public safety. Whitby, ON: de Security and Defence. (2007). Seaports. (2009). Nexus. Retrieved from http://www Sitter Publications. Ottawa: Author. .unb.edu/fredericton/law/_resources/pdfs/ Sapers, H. (2008). A preventable death. Statistics Canada. (2011). Population, urban and nexus/nexussept09.pdf Ottawa: Correctional Investigator of rural, by province and . Retrieved World Port Source. (2016). Canada port index. Canada. from http://www.statcan.gc.ca/tables- Retrieved from http://www.worldportsource Smith, R., & McElwee, G. (2013). Confronting tableaux/sum-som/l01/cst01/demo62e-eng .com/ports/index/CAN.php social constructions of rural criminality: A .htm case story on “illegal pluriactivity” in the Statistics Canada. (2013). Aboriginal peoples in Cases Cited farming community. Sociologia Ruralis, 53(1), Canada: people, Métis and . R. v. Jordan 2016 SCC 27 113–118. Ottawa: Author. R. v. Stinchcombe [1991] 3 SCR 326

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