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ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. Report of the Canadian Committee on Corrections RARY - MINIs THE SO LICITOR AL R C:3 3 ci699 'IA tirt 23 190(11 BIBLIOTHÈQUE MINISTÈRE DU SOLLICITEUR GÉNURAL eeeeo" ‘oç etee ffic\e\veedeigeee% e‘s<be etodleow Pçoe epee eee• deuce eet\‘ ele epee zee 21.\e0. ■sdau1,20 e civzi\ ■e \.6\sedn eeee à.‘2X.lou \ paseceeeee zeeie Report of the Canadian Committee on Corrections, Toward Unity: Criminal Justice and Corrections March 31, 1969 1 Crown Copyrights reserved Available by mail from the Queen's Printer, Ottawa, and at the following Canadian Government Boolcshops: HALIFAX 1735 Barrington Street MONTREAL lEterna-Vie Building, 1182 St. Catherine Street West OTTAWA Daly Building, Corner Mackenzie and Rideau TORONTO 221 Yonge Street WINNIPEG Mall Center Building, 499 Portage Avenue VANCOUVER 657 Granville Street or through your bookseller Price: $5.00 Catalogue No. J552-1-1968 Price subject to change without notice The Queen's Printer Ottawa, Canada 1969 Ottawa, March 31, 1969. The Honourable George J. McIlraith, P.C., Q.C., M.P., Solicitor General of Canada, Sir Wilfrid Laurier Bldg., 340 Laurier Avenue West, Ottawa, Ontario. SIR: The Canadian Committee on Corrections appointed "to study the broad field of corrections, in its widest sense and to recommend. what changes, if any, should be made in the law and practice relating to these matters", has the honour to submit the attached Report of its findings and recommendations. We would like to take this opportunity to express appreciation to the mem- bers of the Panel of Consultants for the invaluable assistance they gave us. Responsibility for the Report rests, of course, only with members of the Committee and not with the members of the Panel of Consultants. Respectfully yours, ŒA,t ROGER OUIMET, CHAIRMAN G. ARTHUR MARTIN, VICE-CHAIRMAN elAre ae-e J. R. LEMIEUX, MEMBER DOROTHY MCARTON, MEMBER W. T. MCGRATH, MEMBER AND SECRETARY CONTENTS PAGE Chapter 1. PROCEDURES AND BACKGROUND 1 Committee meetings. Visits. Interviews. Conferences. Briefs. Special studies. Questionnaire. Panel of Consultants. Special assignments. Historical perspective. Acknowledgements. Chapter 2. BASIC PRINCIPLES AND PURPOSES OF CRIMINAL JUSTICE.... 11 Investigation of offences. Procuring the attendance of a suspect in court. Representation of a suspect. The judicial function. Conviction. Sentenc- ing. Correctional services. Chapter 3. THE INCIDENCE OF CRIME IN CANADA 2 1 Chapter 4. TRENDS AND DEVELOPMENTS IN CANADIAN CORREC- TIONS 31 Public interest and participation. Leadership in correctional planning Inter-disciplinary cooperation. Research and statistics. Correctional legislation. Staff development. Police. The courts. Probation. Prisons. Parole. After-care. Conclusion. Chapter 5. THE INVESTIGATION OF OFFENCES AND POLICE POWERS.... 39 Role of the police in a democratic society. The police and the public. Police-community relations. Police training. The police and the offender. Police discretion not to invoke the criminal process. The prevention of crime. Police powers and the investigation of offences. A survey of police powers in Canada. Police power to question. Interrogation to obtain information. Admissibility of confessions obtained by police questioning. Interrogation before a judicial officer. Power to arrest. Detention on suspicion. Whether a person should be required to identify himself. Universal fingerprinting. Entry without warrant to prevent crime or to effect arrest. Use of firearms in prevention of flight to avoid arrest. The power to search. Power to search the person as an incident of arrest. Search of premises as an incident of arrest. Search of premises under a search warrant. Extraordinary powers of search. Writs of assistance. Indirect investigation of offences through administrative tribunals. Admissibility of evidence obtained by illegal means. Canadian and English rule. American exclusionary rule respecting evidence illegally obtained. Scots law respecting the admissibility of evidence illegally obtained. Conclusions and recommendations. Police intelligence. In- PAGE formers and undercover agents. Official instigation of crime. Defence of entrapment in the United States. Wiretapping and electronic sur- veillance. Canadian legislation. Use and control of wiretapping and electronic surveillance by law enforcement officers. Judicial or minis- terial control of wiretapping and electronic surveillance. Views and con- clusions respecting wiretapping and electronic surveillance. Admissi- bility of conversations obtained through wiretapping and electronic surveillance. Supression of invasions of privacy for criminal purposes. General conclusions with respect to police powers. Chapter 6. ARREST 91 Increased use of summons as an alternative to arrest without warrant Increased use of summons as an alternative to arrest under warrant Police power to summon. Penalty for failure to obey a summons. The Identification of Criminals Act. Chapter 7. BAIL 99 Use of bail to reduce pre-trial detention. Bail, corrections and human rights. Present law and practice in Canada with respect to bail. Power to admit to bail. Conditions upon which accused may be admitted to bail. The practice of requiring security in advance. Principles which should govern pre-trial release. Empowering police to release pending trial. Measures supplementary to bail system. Professional bondsmen. Bail on appeal to the court of appeal and to the Supreme Court of Canada. Right to appeal. Appeal to court of appeal from conviction for an indictable offence. Appeal to the Supreme Court of Canada by a person convicted of an indictable offence whose conviction has been attained by the court of appeal. Appeals to the court of appeal and to the Supreme Court of Canada in summary conviction offences. Appeals under Section 37 of the Juvenile Delinquents Act. Appeals to the court of appeal from sentences passed by the trial court upon conviction for an indictable offence. Jurisdiction and procedure as to bail on appeal. Jurisdiction to grant bail on appeal to the court of appeal and the Supreme Court of Canada. Absence of jurisdiction under the present law to admit to bail, where leave to appeal is necessary, prior to granting of leave to appeal. Jurisdiction to grant bail on appeal to the court of appeal against sen- tence. Precedure with respect to admitting to bail pending appeal. Bail pending appeal to the Supreme Court of Canada. Principles which should govern bail on appeal. Legal aid. Bail on appeal to summary con- viction appeal court. Doubt as to power to admit to bail pending appeal from sentence only. Chapter 8. REPRESENTATION OF THE ACCUSED 131 Legal representation at trial and corrections. Legal representation as a human right. Legal representation before trial. Right to counsel while in police custody. Police attitudes. Right in other jurisdictions. Right to counsel in Scotland. Judges' rules in England. The United States. Right to counsel in continental European systems. Notification of right to counsel. Recommendations with respect to the right of an arrested person to consult counsel. Function of counsel when consulted by a person in police custody. Effect on law enforcement. Legal aid at the police station. Legal representation on appeal. Legal aid in Canada at the present time. Public defender system. Recommendations with respect to legal aid. Annex A. Instructions to members of the Royal Canadian Mounted Police Force with respect to advising prisoners of their right to counsel. vi PAGE Annex B. Criminal Procedure (Scotland) Act, 1887. 50 & 51 Victoria, Chapter 35. Summary Jurisdiction (Scotland) Act, 1955, Chapter 48. Annex C. Illinois Criminal Law and Procedure. Chapter 9. THE CRIMINAL COURT 165 The judge. The court: its location and construction. The ancillary services. Conclusion. Chapter 10. USE AND PROTECTION OF INFORMATION ACQUIRED THROUGH A CONFIDENTIAL RELATIONSHIP 175 Rights and duties of citizens generally. Privilege arising from particular relationships. State privilege. Statements without pre- judice. Confidentality with respect to corrections. Pre-disposition. Post-disposition. Supervision of probation or parole conditions. Treat- ment under probation,
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