Canada’s federal prison population has been rising for the past 10 years. This is perplexing given Canada’s national official crime rate has been declining since the 1970’s. One possible explanation for the rising prison population could be related to the restrictive measures imposed on parole policies during the last forty years. This thesis intends to analyze the recent parliamentary discourses surrounding recent legislative changes brought to parole by the conservative government. In doing so, a document analysis is conducted on the Parliamentary debates pertaining to section 6 and section 7 of Bill C-10 as well as the content of the amendments within section 6 and section 7 of Bill C-10. The purpose of the document analysis is to analyze the themes within these documents and determine whether or not these themes represent a potential change in the punitive approach towards parole. Given that a more punitive approach could have negative impacts on certain offenders and on society in general, this thesis aims to better understand the discourses and values of the Parliamentary debate participants’ changes to the legislation and the potential impacts these restrictions may have for Canada’s federal prison population.

Research has shown that criminal justice policy in Western democratic societies has become increasingly punitive (e.g. Wilson and Petersilia 2010), and that the public largely supports these policies, despite the fact that crime rates have been declining (e.g. Roberts 2003). However, few studies have attempted to explain this paradox in the context of neoliberalism, and within a Canadian context. Using the 2011 and 1997 Canadian Election Study, this project employs logistical regression and a comparative analysis to examine the extent to which neoliberal governance has produced prejudicial attitudes towards racialized “Others,” social and economic insecurity, and attitudes that individualize causes of poverty, and the extent to which these factors predict support for punitive treatment of violent young offenders. The results of this study show that the advent of neoliberalism has precipitated racialized “othering” towards Aboriginal people, which has increased punitive attitudes, but that insecurity and individualization, in relations to punitive attitudes, was present previous to 1997. / October 2015

In Canada, we regularly incarcerate accused persons while they are still legally innocent. By the turn of the century, the growing number of accused held in pre-sentence custody had become a concern for provincial/territorial governments, and, by extension, the federal government. In an effort to address the problem, Bill C-25 - ‘The Truth in Sentencing Act’ - was passed into law. Adopting a quantitative as well as qualitative methodology, this study uses a randomly selected sample of 110 cases to examine the implementation of Bill C-25 as a case study of how Canadian judges respond to legislation which likely created friction between the political and judicial social spheres. Analyses suggest that there is strong evidence to support the notion that judges did not fully implement the legislation as intended by the federal government. Instead, it appears that judges may have been motivated to resist the implementation of Bill C-25 in order to protect fundamental principles of justice that were ignored in the drafting of the new law.

Throughout the 1980s, the Citizens’ Advisory Committee (CAC), a grassroots group of “prison neighbors,” organized for tighter security at the State Correctional Institution at Dallas (SCID), a medium security prison in northeast Pennsylvania. Motivated primarily by their fear of prisoner escapes, the CAC used the local media to raise awareness about security concerns and cooperated with the SCID administration to acquire state funding for projects at the prison that they believed would improve security. Their work coincided with the widespread proliferation of “tough on crime” rhetoric and policies, and the inauguration of the most intensive buildup of prisons ever witnessed in the United States. This phenomenon, now known as mass incarceration, has disproportionately impacted urban communities of color, due principally to the highly racialized nature of the War on Drugs, while the majority of prisons have been located in white rural communities. By imagining themselves as a population under threat, conceptualizing prisoners as potentially dangerous regardless of the nature of the crimes of which they had been convicted, and positioning the prison administration as a potential ally that needed constant supervision, the CAC contributed in complex ways to the solidification of a racially- and economically-skewed, intensely punitive criminal justice system. The CAC’s organizing helps expose an aspect of mass incarceration that has remained relatively unexplored thus far: the role rural communities that surround prisons played in the historical processes that moved the practice of punishment from the relative periphery of U.S. society to its present position as a central apparatus for political, economic, and social organization.