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JustResearch no. 12
Current & Upcoming Research from the Research and Statistics Division
Inter-Jurisdictional Support
Inter-Jurisdictional Support Orders (ISO) legislation is being passed in all jurisdictions to facilitate obtaining and enforcing support orders when parties live in different jurisdictions. All provinces and territories have either passed or introduced this legislation, and there was widespread acceptance that this had improved the processing times. Three provinces collected pre-ISO data in order to compare with post-ISO processing times. This report analysed the pooled dataset to determine what improvements there were. This report will be available upon request.
Small, Jane. (2004) The Impact of Interjurisdictional Support Orders Legislation on Case Processing Times. Ottawa, ON: Research and Statistics Division, Department of Justice Canada.
Contact: Catherine Thompson, Senior Research Officer
International Crime Victimization Survey, 2004 (ICVS)
The International Crime Victimization Survey (ICVS) is a survey on criminal victimization conducted in many different countries across the world. Four previous cycles of the survey were conducted in 1989, 1992, 1996 and 2000. Over 70 countries have participated in at least one of the cycles. Canada has participated in all four cycles, sponsored by the Department of Justice. At least 55 countries will participate in the fifth cycle in 2004. The present cycle is being coordinated by the United Nations Office on Drugs and Crime (UNODC) in Vienna, Austria. In Canada, the survey will be conducted from late September to November 2004.
Victimization surveys have been found to be of great value in criminal justice research. In contrast to official crime statistics reported by the police, victimization surveys are able to provide information about so-called "unreported" crimes as well, and to identify the reasons given by respondents for failing to report such incidents to the police. Past data reveal that about half of all crimes were never reported to the police. The survey also provides information about fear of crime, the perceived seriousness of crime, possession of firearms, attitudes toward the police, and opinions about crime prevention. Furthermore, the use of the same survey questionnaire and survey methodology in all participating countries allows for international comparisons. Results from the survey will be available in mid-2005.
Contact: Dr. Kwing Hung, Statistical and Methodological Advisor
Youth Pre-Trial Detention Practices
This study analysed data on pre-trial detention and bail proceedings in five large urban areas from the last years of the Young Offenders Act . A random sample of 1,843 youth court cases with a first appearance date between April 1, 1999 and March 31, 2000 was obtained from Halifax-Dartmouth, Toronto, Scarborough, Winnipeg, Edmonton, Vancouver, and Surrey.
The objectives of this research were to:
- describe the pre-trial detention practices of the police and youth courts;
- identify factors that affect the pre-trial detention practices of the police and youth courts; and
- examine the relationship between pre-trial detention practices and both guilty pleas and youth court sentencing decisions.
Moyer, S. (2004). Pre-trial Detention Under the Young Offenders Act : A Study of Urban Courts. Ottawa, ON: Research and Statistics Division, Department of Justice Canada.
Contact: Jeff Latimer, Senior Research Officer
Crown Decision-Making in the Youth Criminal Justice System
Crown decision-making was examined in five youth courts in British Columbia and Saskatchewan in the summer of 2003, three to four months after the proclamation of the Youth Criminal Justice Act . The main decisions described in the research are :
- the decision to approve charges in British Columbia (also known as Crown screening);
- the decision to divert a young person from the court process to Extrajudicial Sanctions (EJS);
- whether to release a police-detained young person from pre-trial detention "on consent" and,
- the contents of the submission to sentence.
The research combined observation, interviews and review of case files. It was prospective in nature in that the researcher asked Crown attorneys about their decisions at the time that they were being made, or very soon thereafter. The main emphasis was on the collection of qualitative information, but statistical analysis of file data was also undertaken.
Moyer, S., & Basic, M. (2004). Pre-trial Detention Under the Young Offenders Act : A Study of Urban Courts. Ottawa, ON: Research and Statistics Division, Department of Justice Canada.
Contact: Jeff Latimer, Senior Research Officer
Costs of Crime in Canada an Update
Crime in Canada cost an estimated $70 billion in 2003, a majority of which, $47 billion or 67%, was borne by the victims. Victim costs include the value of property stolen and/or damaged, pain and suffering, their lost output, and health services. The costs of crime remaining were loosely divided between Criminal Justice System (CJS) expenditures, at $13 billion or 19% of the total, and $10 billion (14%) on defensive measures such as security devices and protective services. CJS costs include costs of police, courts, prosecutions and corrections. When examined by type of crime category, property crimes cost Canadians the most, at $40 billion, while violent crimes cost $18 billion and other crimes $12 billion.
While it is rather straightforward to calculate the justice system expenditures and some direct costs such as the value of goods stolen, it is impossible to put an accurate price on the loss of social cohesion in a high-crime community, or the impact on the life of family members of homicide victims, or the suffering of children who grow up with their parents incarcerated. Admittedly, no study has ever been able to fully account for the cost of crime.
Nonetheless, it is important to attempt to recognize the magnitude of the cost of crime. The cost of crime highlights the impact of crime on the society and the potential gains from crime prevention and reduction strategies. It is also essential for evidence-based criminal justice policy developments as it provides the needed context to make effective cost-benefit analysis possible. Despite good efforts, it is impossible to include all cost estimates as many are unknown or simply too difficult to attach a dollar figure to them. For that reason, the information provided here is solely for some sense of scope. While the true total cost of crime in Canada may be incalculable, we do know that this updated estimate is a conservative one, as the list of variables included are incomplete.
Contact: Dr. Kuan Li, Research Analyst
Fig 1 - Costs by Sector (Billions of Dollars $)
Fig 2 - Costs by Crime Category (Billions of Dollars $)
Litigation ′Drivers′ and Factors: What is distinctive about litigation involving the Crown?
Recently initiated research will conduct a survey of literature and data on litigation trends in order to provide an up-to-date overview of what is known. The starting point is a reflection upon our assumptions about litigation and litigiousness and questioning of the evidence. For example, when we say a society is litigious, does that imply an over-reliance on litigation as opposed to using other available means? Is there really evidence that compares the use of different alternatives that are equally accessible and similarly effective? Do we really have the evidence to show that the use of civil litigation is higher in comparison to past decades? Much of the scholarship about the ′turn to law′ relies on questionable proxy measures such as the number of lawyers or of pages of legislation but what do these indicators actually establish? Research that compares the use of the courts in different countries tends to conclude that the choice is based on the costs and benefits of the available institutional options rather than being a matter of attitudes or preference. Perhaps, then, the use of litigation is commensurate with the opportunities the courts provide.
The ongoing study will also investigate whether there is evidence of distinctive drivers and trends for litigation involving the government and whether any of the established trends are occurring internationally.
Contact: Valerie Howe, A/Principal Researcher
Profiling Canada's Families III, Vanier Institute of the Family.
The Vanier Institute of the Family released the third edition of their "Profiling Canada's Families III" in November 2004. The Research and Statistics Division of the Department provided funding for this overview (in partnership with Social Development Canada). This publication builds on their earlier publications (I & II) that analysed Statistics Canada data on families, including the 2001 Census and other important household and personal surveys. Information reported included, basic demographics, incomes, immigration, family justice (marriage, divorce, etc.) and criminal justice (crime rates, family violence) issues and sociological issues related to labour force participation, sharing of work in the household, etc.
Contact: Jim Sturrock, Research Manager
Implementation of the "New" Survey of Divorces
The Research and Statistics Division is currently working on the conversion of the former Survey of Child Support Awards to the "Survey of Divorces". Work has been completed on a revised website application to collect information on finalized divorce cases in the selected family courts (at least one per province and territory). The revised Survey of Divorces will provide more complete information from family court files on finalized divorces (with and without children) on related issues of parenting arrangements, that is: the nature and extent of physical custody of the children, decision-making responsibilities, child support obligations and terms of access. Also, more information will be collected on spousal support, and some basic demographic information as well, age and sex of parties, etc. This project is to be completed in early 2005.
Contact: Cathy Thompson, Senior Research Officer
Court Files Review Pilot Project
This project will collect detailed information from family court divorce files involving children in a selection of family courts across Canada. Information to be collected includes: the types of documents that are typically in court files; determine how "best interest of the child" are utilized; the language of parenting arrangements; children's voices; how often and why are their voices being heard in court; the clarity of information provided on the disposition of parenting time for each parent (are parenting plans or schedules used; how often does domestic violence appear in court cases; what types of orders (support, access, custody) are applied for how often are there provisions for: access enforcement, supervised visits, mediation or other ADR; time to resolve cases, etc.
This project would be a first of two or three projects to monitor changes and provide more detailed information with respect to the changes in the proposed divorce legislation. This project is scheduled to be completed by mid 2005.
Contact: Dr. Cherami Wichmann, A/Senior Research Officer
Exploiting data from the National Longitudinal Survey of Children and Youth (NLSCY).
The Department has already conducted four studies using the first three cycles of this survey (1994/95, 1996/97, 1998/99) and reported on those results. Cycles 4 (2000/01) and 5 (2002/03) are close to being finalized by Statistics Canada and available for analysis. Their availability will allow an update of various trends seen in the first three cycles with regard to changes in physical residence for children, contact by non-residence fathers with their children, regularity of child support payments; nature and extent of parenting arrangements between parents, number and type of transitions (changes in the makeup of their family structure) children go through and at what ages and circumstance for their parents.
Contact: Cathy Thompson, Senior Research Officer
Recidivism among Domestic Violence Offenders in Ontario Courts
A report entitled Recidivism among Domestic Violence Offenders in Ontario Courts is currently being completed in partnership with the Ontario Attorney General Domestic Violence Team. This project compares three types of recidivism in domestic violence cases that come before the specialized Domestic Violence Courts (DVC) in the province, as well as those that come before the non-specialized courts. The study sample includes 1,000 offenders whose cases were adjudicated in Ontario in 2001.
Contact: Fernando Mata, Senior Research Officer
Review of the Nunavut Community Justice Program
The Department of Justice Canada, in collaboration with the Nunavut Department of Justice, has undertaken a review of the Nunavut Community Justice Program. Through the Community Justice Program, the aim of the Nunavut Department of Justice is to support communities in taking greater responsibility for offenders and victims. The Department has also emphasized prevention and healing at the community level in an attempt to shift complete reliance away from the mainstream approaches involving formal charges, court appearances and incarceration
The Program review was undertaken in four of Nunavut's twenty-six communities and is based on in depth consultations with Community Justice Committees, Community Justice Specialists, RCMP, Justices of the Peace, and other key federal and territorial justice personnel. Findings show that although significant progress has been made since the implementation of the Program in 1993 in all four communities, regardless of the strength of the committee, there are challenges that require remedial action. The report makes a number of practical recommendations to address these.
Contact: Manon Harvey, Research Analyst
B-SAFER Pilot Project
The Department of Justice Canada contracted the British Columbia Institute Against Family Violence (BCIFV) to develop a tool for use by criminal justice professionals (for example, police and corrections officers, prosecutors, judges and parole boards) in their response to cases of domestic violence. Specifically, the purpose of this tool is to facilitate criminal justice professionals in their assessment of risk in spousal abuse cases, help victims plan strategies to increase their safety, and help in preventing further and more serious incidents of domestic violence.
Based on their Spousal Assault Risk Assessment Guide (SARA), a risk assessment tool developed for community-based prevention programs, the BCIFV developed the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER). B-SAFER includes a check list of risk factors, a manual, and a structured interview for use with victims. It was then pilot tested with five police services in three provinces; the report also includes the findings of the testing of a similar tool in Sweden.
Contact: Anna Paletta, Research Manager
