Conclusion

In Canada, as of August, 2022, there were over 4 million confirmed cases^Footnote61 of COVID-19 and more than 43,000 deaths reported to the World Health Organization (World Health Organization n.d.). The pandemic, as well as the collective responses to it, significantly influenced Canadian society in all of its spheres.

The pandemic substantially altered the way the CJS operates and has had a profound effect on the people in contact with the system. In the midst of social unrest related to the social movements advocating against systemic racism and in favour of “defunding the police,” the discovery of thousands of unmarked graves at former residential schools, and the increased harassment and hate crimes, notably toward Asian people—Canadians’ confidence in the CJS declined. Additionally, Canadians’ perceptions of safety and well-being were being tested; among key concerns was a heightened fear of family violence brought on by the stress of the pandemic, which was compounded by stay-at-home orders and the significant reduction in services and support for victims.

The pandemic also brought about changes to the trends in criminal activities. Despite a decrease in overall police-reported crimes, changes to Canadians’ way of life gave rise to an increase in specific types of offences including identity theft, child pornography, opioid-related offences and hate crimes. While some of these crimes may be the result of spending more time at home and online, others may be reflective of increased stress and isolation brought on by the pandemic, paired with xenophobic narratives.

The pandemic highlighted how police take on roles that go beyond enforcement. Police officers as well as by-law officers were required to continuously educate and inform citizens as public health measures and emergency orders were routinely updated. Police officers were also called on to respond to an increasing number of mental health and wellness check calls. This increase in calls for service related to mental health highlights the importance of what academics and advocates have been requesting for years: mandatory training for all officers related to de-escalation techniques as well as having mental health professionals more widely available to respond to these types of calls. Ensuring access to mental health care to individuals in crisis, including by way of referral to appropriate social services, may help reduce the likelihood of further involvement with the CJS (Centre for Addiction and Mental Health 2020b).

The pandemic also significantly changed, at least temporarily, the way courts operated. After initial temporary and partial shutdowns, courts were required to embrace technology and adapt outdated processes. Purely paper-based processes were digitized, virtual hearings became a more common practice, and safety measures were put in place to protect individuals who were required to appear in person. Despite these efforts, during the first year of the pandemic, there was a substantial decline in the number of completed cases, an increase in the time it took to complete cases as well as an increase in the percentage of cases that exceeded the ceilings set out by the Supreme Court of Canada in the Jordan decision.

In addition to the financial impact caused by these delays, victims, accused persons and their families were also adversely affected. During a time of crisis, when mental and physical health are already at risk, excessive delays, reduced use of diversion and restorative justice programs and processes, decreased numbers of approved criminal legal aid applications, and a substantial reduction of services further exacerbated the negative impact of the pandemic on individuals interacting with the CJS, particularly the most vulnerable. While the use of technology did allow matters to proceed during the pandemic, justice system officials will need to assess the efficiencies and challenges brought about by these changes and determine how best to manage the backlog of cases while balancing the needs of all individuals, including those without access to technology or who face difficulties in using existing technologies.

The pandemic resulted in significant and temporary decreases to the in-custody population in the first months following onset. Recognizing the risk posed to individuals living in correctional facilities without appropriate safeguards, steps were taken at the outset of the pandemic to reduce the size of the custodial population while balancing public safety. As of June 2021, the in-custody population had not reached pre-pandemic levels. Access to various services including educational and vocational training, and other correctional programs was greatly reduced. This, coupled with limited employment options in the community due to business closures, may have hampered opportunities for successful community reintegration of offenders. The increasing number of parole reviews for individuals under federal correctional responsibility, but declining parole grant rates during this time may be evidence of this.

The COVID-19 pandemic has brought about temporary and possibly permanent changes in how the CJS operates. Though many of these changes have helped modernize the CJS, the long-term impacts of COVID-19 on the CJS are not yet known. Moving forward government and judicial officials, academics and community leaders will grapple with a new set of challenges, including: how to better prepare for such an event in the future; how to pivot the criminal justice modernization efforts to address lessons learned during the pandemic and capitalize on efficiencies gained; and, how to gather the appropriate data required to make evidence-based decisions. These challenges will need to be addressed in tandem with existing and ongoing issues of systemic racism, the overrepresentation of Indigenous, Black, racialized and marginalized populations in the CJS, staffing shortages, system inefficiencies and court case backlogs.

The challenges brought on by the COVID-19 pandemic are unmatched in recent history; however, they now provide the opportunity to examine the ways in which the CJS can further become accessible, fair and efficient to better meet the needs of Canadians.