JustResearch Edition no. 11
7. Current & Upcoming Research from the Research and Statistics Division
A One-Day Snapshot of Aboriginal Youth in Custody Across Canada: Phase II
Contact: Jeff Latimer, A/Principal Researcher
Although many studies contend that Aboriginals are over-represented at all stages in the criminal justice system, there is little empirical data to support this contention. Furthermore, no research has been completed specifically on the over-representation of Aboriginal youth in the Canadian criminal justice system. The central objective of this study was to provide accurate incarceration rates for Aboriginal and non-Aboriginal youth in Canada.
Using a Snapshot method, which counts all youth in custody on a specific day, data were collected across Canada, with the exception of Quebec. The data collected included socio-demographic data (e.g., age, gender), offence information, custody types (e.g., open, secure, or remand), and sentence lengths. Additional data were collected on Aboriginal youth in custody including Aboriginal identity, social service involvement (e.g., child protection, social assistance), criminal history, and information on mental health issues (e.g., substance abuse, suicide).
As part of the study, qualitative data collection with Aboriginal youth in custody was completed using a Sharing Circle method. During the Sharing Circles, topics were introduced by an Elder and then each youth was passed a 'talking stone' and provided with time to share their experiences on the particular subject. The participants were asked to discuss topics such as alcohol and drug use, home life, experiences in custody, and ideas for effective programming to promote rehabilitation. The Sharing Circle Research Team collected the opinions and experiences of more than 250 Aboriginal youth in 11 custody facilities across Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, and the Northwest Territories.
Research on Compliance with Child Support Orders and Agreements in Prince Edward Island
Contact : Jim Sturrock, Research Manager
The project was conceived as an analysis of compliance in Prince Edward Island, and a test to help assess the methodologies for studying compliance in other provinces. The research in P.E.I. included: information extracted from a sample of cases registered at the province's Maintenance Enforcement Program (MEP); interviews with paying parents and recipients of child support; and interviews with family law lawyers, judges, court workers, mediators, court-appointed social workers and maintenance enforcement officers. Ultimately, the objective was to collect and analyze sufficient information to provide a national perspective on compliance with child support orders and to lay the groundwork so that the research in other provinces, with larger numbers of interviews to work with, will be able to explore how the key determining factors interact with each other over time.
Linking Family Change, Parents' Employment and Income and Children's Economic Well-Being: A Longitudinal Perspective (An Analysis of the National Longitudinal Survey of Children and Youth)
Contact: Catherine Thomson, Senior Research Officer
The study is based on analyses of Cycles 1 (1994 95) and 2 (1996 97) data from the Family History and Custody section of the National Longitudinal Survey of Children and Youth (NLSCY). Having these two cycles of data allows the examination of cases in which families had broken apart between 1994 95 and 1996 97. This enables, for the first time, analyses based on the situation "before" and "after" certain family transitions, such as parents' separation or family re-composition, thereby providing new insight into the relationship between family change, income and labour force participation. It also makes possible the examination of how custody (viewed as physical custody), father-child contact and child support payments change over time for those parents who were already separated at the time of Cycle 1.
Report on Family Law Research in Nunavut
Contact: Cherami Wichmann, A/Senior Research Officer
This paper describes family law research carried out by Nunavut Justice representatives. Four projects were undertaken, including: an overview of existing family and family-law statistics from various sources; an inventory of family law services available across Nunavut; focus group meetings in select Nunavut communities with elders and the general public concerning family law issues; and, a family law survey involving face-to-face interviews with residents of Nunavut on a wide range of family law matters. The report provides both qualitative and quantitative research results across a range of issues including family structure and trends, views and understanding of family law, use of and access to family law and family law services, as well as information and other needs.
The Survey of Child Support Awards: Analysis of Phase 2 Data Collected through January 31, 2002
Contact: Cathy Thomson, Senior Research Officer
This paper provides an updated examination of child support amounts, and some of their characteristics in cases where there were children involved in a divorce in selected courts across Canada.
Managing Contact Difficulties: A Child-Centred Approach
Contact: Cherami Wichmann, A/Senior Research Officer
This paper examines the utility of parental alienation syndrome (PAS) and other formulations that have been proposed to explain alienation. Drawing on a literature review and consultation with key informants in Canada and abroad, the authors put forward several critical questions concerning contact difficulties. The paper discusses how contact benefits children, factors that influence contact, the child's experience of contact, prevalence of difficulties and variables related to undermining and obstructing child-parent relationships. The implications for managing contact difficulties are also presented, along with possible directions for a child-centred response to contact difficulties.
Child Custody Arrangements: Their Characteristics and Outcomes
Contact: Cherami Wichmann, A/Senior Research Officer
This project involved a review of available literature to summarize existing knowledge concerning different types of custody arrangements, focusing mainly on shared custody. As part of the project, the researcher was asked to identify research methodologies and research instruments that could be used in developing the project to interview parents with shared custody arrangements.
Voice and Support: Programs for Children Experiencing Parental Separation and Divorce
Contact: Cherami Wichmann, A/Senior Research Officer
This project augments legal research on the voice of the child previously undertaken by the Department of Justice Canada, which focused on the benefits and drawbacks of giving children a direct voice in the courts as custody and access decisions are being made. The purpose of this project was to investigate similar issues but with a view to providing children with opportunities that allow them to voice their wishes and concerns outside of the courtroom. This paper also covers programs and services that address children's needs in dealing with and adjusting to family breakdown.
Shared Custody Arrangements: Pilot Interviews with Parents
Contact: Cherami Wichmann, A/Senior Research Officer
This paper presents the findings from a pilot test project of interviews with parents who had shared custody arrangements in Alberta, including matched pairs of parents. Respondents were drawn from cases identified in the "Survey of Child Support Awards", a Department of Justice survey of selected courts across Canada that collects information on child support awards in cases of divorce. Cases where shared custody was granted were randomly selected and parents were contacted and asked to participate in a telephone interview on the day-to-day workings of their arrangements. The research examined matters such as costs associated with shared custody, how shared custody actually works in terms of time spent with the children, schedules for sharing custody, arrangements concerning decision making and other matters.
High Conflict Separation and Divorce: Options for Consideration
Contact: Cherami Wichmann, A/Senior Research Officer
The purpose of this report was to build upon the results of a literature review on high conflict divorce undertaken by the Department of Justice Canada in 2001, reviewing and outlining options for reform to custody and access policy, including legislative and programmatic approaches. The author drew upon the report of the Special Joint Committee on Child Custody and Access, the federal government's response to the Committee's report, as well as legal approaches to high conflict cases internationally. The report offers various options for consideration in dealing with high conflict separation and divorce cases.
Legal Systems and World Competitiveness (Phase II)
Contact: Fernando Mata, Senior Research Officer
This research will examine the linkages between legal systems and world competitiveness among 51 countries surveyed by the World competitiveness Surveys between 1999 and 2003. Countries will be classified according to the University of Ottawa's Civil Law Department taxonomy of legal systems (common law, mixed systems and civil law countries). Annual indicators of word competitiveness comprise an average of 300 indicators, which include measures related to the performance of the domestic economy, government and business as well as infrastructure related indicators. In phase I of the project indicators for 2003 were analyzed. Through principal components analysis, more than half of the total variation in the data was reduced to the variation in 14 major domain scales. Country differences in domain scale scores by legal systems groups were examined in detail. Although the data analysis did not revealed any systematic relationship between legal systems and world competitiveness domains (due mostly to substantial intra-group variation), some characteristics such as taxation and energy levels were the most salient in separating countries with different legal systems. Canada's scores in world competitiveness domains revealed a good standing with respect to other mixed (bijural & multijural) legal system countries as well as with respect to common law and civil law countries.
Criminal Justice Outcomes in Intimate and Non-intimate Partner Homicide Cases
Contact: Nathalie Quann, A/Senior Statistician
The goal of this project is to enhance understanding of the criminal justice outcomes in cases of intimate partner homicides. This research will present an historical analysis using both qualitative (where available) and quantitative data sources to further examine the use of plea resolutions in intimate and non-intimate partner closed homicide cases in which an accused was identified (including first degree & second degree murder and manslaughter) in Toronto, Ontario. Data sources will include coroner records and prosecutor files (which include police summary reports, etc). Socio-demographic variables are to be included in the data collection for both victim and offenders, such as gender, age, employment, incident location and relationship of accused to victim. As well, case characteristics such as initial charge, plea, verdict at trial, conviction and length of sentence will be examined. Original data will be gathered from 1997 to 2002 with an estimated number of 240 homicides (intimate and non-intimate) over the 6 year-period. Analysis will also incorporate findings from previous years dating back to 1974 with an approximate sample size of 1,000 closed homicide cases where an accused was identified.
Measuring Recidivism in Domestic Violence Incidents in Ontario
Contact: Nathalie Quann, A/Senior Statistician
The purpose of the research is to explore and compare recidivism rates of domestic violence offenders whose cases have been processed through a Domestic Violence Court (DVC) and domestic violence offenders whose cases have been processed through a standard criminal court in Ontario. A Domestic Violence Court facilitates the prosecution of domestic assault cases and early intervention in abusive domestic situations, provides support to victims and strives to increase offender accountability. In a DVC court, teams of specialized personnel, including police, Crown Attorneys, Victim/Witness Assistance Program staff, probation services, Partner Assault Response program staff and community agencies, work together to ensure priority is given to the safety and needs of domestic assault victims and their children.
For the purposes of this study, recidivism is defined as a conviction for a new domestic violence offence. The follow-up period for measuring recidivism was been set at two years after the initial conviction in 2001. Criminal history for all offenders will be available for additional analysis. Demographic characteristics (gender and age) and conviction information will be analyzed and compared to the control group.
Both the Domestic Violence Evaluation System (DOVES) and the Canadian Police Information Centre (CPIC) databases will be used to identify a random sample of 500 offenders who have gone before the court and received a conviction for a domestic violence offence in 2001.
"Just Between You and Me" - The Delivery of Public Legal Education and Information via Peers
Contact: Susan McDonald, A/Senior Research Officer
The Public Legal Education and Information (PLEI) needs of women who experience family violence are well documented and immense. Women who experience family violence do so in the private and unsupported environments of their own homes. Thus reaching women with legal information, which they so often need, is very challenging. Research has shown that adults learn from one another, although in the case of legal information, the information passed on may be inaccurate, out-of-date or incomplete.
The objective of this project is to undertake a participatory action research to determine the viability of the provision of Public Legal Education and Information (PLEI) through peers to victims of family violence as a delivery model.
The project is training twenty women from the Sault Ste. Marie area, nine of whom are Aboriginal, with a detailed, thorough curriculum that includes the dynamics of family violence, seeking assistance, basic information in criminal and family law and where to find further information and support if needed. The women will be equipped to provide information and referrals within their own networks - at parks, at the hairdresser, in church.
An evaluation framework has been developed and evaluation is incorporated into the training process. While this project is short term in nature (only the curriculum development, training of peers, and evaluation of this content and process), the results may benefit many in the community in the long term.
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