Transcript Section I- Government Purpose of Government:

Government in Canada
What is the purpose of
Government?
How has government affected
you today?
Purpose of Government:
Government sets and enforces the rules so that large
groups of people can live together in peace and security
To protect us - rights/ freedom
- property /nation
To provide services :-water
-highways - buses
- health care
-electricity -education
In a free society all citizens must obey society’s rules but
are treated equally
Government exists to make society function smoothly
Types of Government
•
•
•
•
•
•
•
What do you know about these?
MonarchyDictatorshipOligarchyAristocracyDemocracyGovernment ? What Type?
Basics terms to know:
Freedom- rights of the individual are most
important
Equality- all individuals are treated the same
way
Example :
Intellectual Freedom – freedom and the right to believe and
think in what a person wishes
Intellectual Equality– people are meant to think the same
Political Ideologies
Ways people think politically
• Five Major Ideologies:
• Liberalism
• Reform Liberalism
•
•
•
•
Conservativism
Socialism
Communism
Fascism
1. Liberalism- classic
•
•
•
•
•
Response to the Industrial Revolution
-believes in economic and intellectual freedom
-ability/effort = success
- sees people as good less government
-commitment to progress
Reform liberalism
• late 1800’s
• -John Maynard Keynes said “All people have
access to the basics in life” (food, shelter, etc)
• -stronger commitment towards economic
equality
• - government should step in on a limited basis
and control the economy/ debt will rise
2. Conservatism
• - late 1700’s
• - influenced by Edmund Burke
• - response to liberalism- to conserve traditional
society
• -the monarch ruling over Parliament
• -believe in economic freedom (capitalism)
• -believed later on in progressive change (nothing
radical)
• -believe in intellectual equality (moral issues
public)
3. Socialism
• - early 1800’s
• -Jean Jacques Rousseau’s response to the
Industrial Revolution
• -believed that government needed to be
heavily involved in workplace to create
economic equality and intellectual freedom for
citizens
• -government should control economy, health
care and welfare
4. Communism
• – Karl Marx and Fredrick Engels
• -focused on negative effects of capitalismwealthy few
• -believed in economic equality and public
ownership
• -no private property/ no economic freedom
• -violent overthrow of wealthy classes by working
proletariat
• -in theory-true communism has little government
5. Fascism
• 1920’s- 1945
• -key figures were Hitler and Mussolini
• -ruled by a strong” father figure”- mythical links to
the past
• -believe freedom only if it contributes to the state
• -all economic and intellectual resources directed
towards the purpose of building a militarily
strong, fiercely proud, united country
• -tight regulations on economic and intellectual
freedom
Political Spectrum
Left
Centre
Canadian Political Parties
Right
Canadian Political Parties
• Canadian political parties tend to be moderate
in nature
• Left Wing
Centre
Right Wing
New Democrats
Green Party?
Communist Party
Liberal
Conservative
Reform Party
Provincial Test Question
Which Canadian political party has been
historically supportive of labour unions?
A. Green Party
B. Liberal Party
C. Conservative Party
D. New Democratic Party
Provincial Test Question
strong military
private ownership of property allowed
priority of the state over individual rights
What political ideology is associated with this list?
A. fascism
B. socialism
C. communism
D. conservatism
Provincial Test Question
• moral standards should override individual rights
• traditional values should be preserved
• large corporations should be given tax breaks
2. Which political ideology is associated with this list?
• A. socialism
• B. liberalism
• C. communism
• D. conservatism
The Canadian Government
Constitution:
• Is the supreme law or theory of government, and contains the laws,
organs, responsibilities, and institutions needed to govern
• The Constitution lays out:
• purpose of our country and how it is to be run
• who is responsible for the affairs of our country
• it lays out the division of powers and who has authority over what
• it states who, how and when officials are to be elected and who has the
rights and responsibilities to vote
• it lays out the rights and responsibilities of its citizens (Charter of Rights
and Freedoms)
• Canada’s Constitution has its roots in British tradition (parliamentary
system) with influence from the United States (federalism)
Canadian Government
Canadian Constitution
• The patriation of the Canadian Constitution was
achieved in 1982 when the British and Canadian
parliaments passed parallel acts – the Canada
Act, 1982 ([UK] 1982, c.11) in London, and the
Constitution Act 1982 in Ottawa. Thereafter, the
United Kingdom was formally absolved of any
remaining responsibility for, or jurisdiction over,
Canada; and Canada became responsible for her
own destiny. In a formal ceremony on Parliament
Hill in Ottawa, the Queen signed both acts into
law on April 17, 1982.
The Charter of Rights and Freedoms
• The Canada Act/Constitution Act included the
Canadian Charter of Rights and Freedoms.
Prior to the Charter, there were various
statutes which protected an assortment of
civil rights and obligations, but nothing was
enshrined in the Constitution until 1982. The
Charter has thus placed a strong focus upon
individual and collective rights of the people
of Canada.
The Charter of Rights and Freedoms
• The Canadian Charter of Rights and Freedoms is
a bill of rights entrenched in the Constitution of
Canada. It forms the first part of the Constitution
Act, 1982. The Charter guarantees certain
political rights to Canadian citizens and civil rights
of everyone in Canada from the policies and
actions of all levels of government. It is designed
to unify Canadians around a set of principles that
embody those rights. The Charter was signed into
law by Queen Elizabeth II of Canada on April 17,
1982 (along with the rest of the Act).
Fundamental freedoms
• Fundamental freedoms
• section 2, namely freedom of conscience,
freedom of religion, freedom of thought,
freedom of belief, freedom of expression,
freedom of the press and of other media of
communication, freedom of peaceful
assembly, and freedom of association.
Democratic rights
• Democratic rights: generally, the right to
participate in political activities and the right
to a democratic form of government:
• Section 3: the right to vote and to be eligible
to serve as member of a legislature.
• Section 4: the maximum duration of
legislatures is set at five years.
• Section 5: an annual sitting of legislatures is
required as a minimum.
Mobility rights
• Mobility rights: (section 6): the right to enter
and leave Canada, and to move to and take up
residence in any province, or to reside outside
Canada.
Legal rights
• Legal rights: rights of people in dealing with the justice system and
law enforcement, namely:
• Section 7: right to life, liberty, and security of the person.
• Section 8: freedom from unreasonable search and seizure.
• Section 9: freedom from arbitrary detainment or imprisonment.
• Section 10: right to legal counsel and the guarantee
of habeas corpus.
• Section 11: rights in criminal and penal matters such as the right to
be presumed innocent until proven guilty.
• Section 12: right not to be subject to cruel and unusual punishment.
• Section 13: rights against self-incrimination
• Section 14: rights to an interpreter in a court proceeding.
Equality rights
• Equality rights: (section 15): equal treatment
before and under the law, and equal
protection and benefit of the law without
discrimination.
Language rights:
Generally, the right to use either the English or French language in
communications with Canada's federal government and certain
provincial governments. Specifically, the language laws
enshrined in the Charter include:
Section 16: English and French are the official languages of Canada
and New Brunswick.
Section 16.1: the English and French-speaking communities of
New Brunswick have equal rights to educational and cultural
institutions.
Section 17: the right to use either official language in Parliament or
the New Brunswick legislature.
Section 18: the statutes and proceedings of Parliament and the
New Brunswick legislature are to be printed in both official
languages.
Minority language education rights
• Minority language education rights:
• (Section 23): rights for certain citizens
belonging to French or English-speaking
minority communities to be educated in their
own language.
Language rights:
• Section 19: both official languages may be used in federal
and New Brunswick courts.
• Section 20: the right to communicate with and be served by
the federal and New Brunswick governments in either
official language.
• Section 21: other constitutional language rights outside the
Charter regarding English and French are sustained.
• Section 22: existing rights to use languages besides English
and French are not affected by the fact that only English
and French have language rights in the Charter. (Hence, if
there are any rights to use Aboriginal languages anywhere
they would continue to exist, though they would have no
direct protection under the Charter.)
The Amending Formula
• The general formula is set out in section 38(1), known
as the "7/50 formula", requires: (a) assent from both
the House of Commons and the Senate; (b) the
approval of two-thirds of the provincial legislatures (at
least seven provinces), representing at least 50% of the
population (effectively, this would include at least
Quebec or Ontario, as they are the most populous
provinces).
• This formula specifically applies to amendments
related to the proportionate representation in
Parliament, powers, selection, and composition of the
Senate, the Supreme Court and the addition of
provinces or territories.
Notwithstanding Clause
• Section Thirty-three of the Canadian Charter
of Rights and Freedoms is part of the
Constitution of Canada. It is commonly known
as the notwithstanding clause (or "la clause
dérogatoire" in French), or as the override
power, and it allows Parliament or provincial
legislatures to override certain portions of the
Charter.
Provincial Test Question
• Use the following newspaper headline to answer question
The Ottawa Examiner
FEDERAL AND PROVINCIAL
GOVERNMENTS FIGHT OVER
AMENDING FORMULA
Which document is associated with this headline?
A. Bilingualism Act
B. Canada Elections Act
C. Constitution Act, 1982
D. Universal Declaration of Human Rights, 1948
Provincial Test Question
Which section from the Canadian Charter of Rights
and Freedoms would prevent a government
agency from discriminating on the basis of gender?
A. equality rights
B. mobility rights
C. democratic rights
D. fundamental freedoms
Provincial Test Question
What is the function of the notwithstanding clause in the
Canadian Constitution?
A. It authorizes governments to override certain rights and
freedoms.
B. It states all Charter rights are guaranteed equally to men
and women.
C. It clarifies the responsibility of the territorial governments
in the Charter.
D. It allows courts to award remedies to those whose rights
have been denied.
Provincial Test Question
Which two factors provide the basis for the
amending formula of Canada’s Constitution?
A. population and number of provinces
B. language and regional representation
C. ethnic balance and religious diversity
D. economic growth and residual powers
Canadian Government
Canada is a Constitutional Monarchy
• Queen Elizabeth II
• The Queen is the official Head of State but has
a very limited role in our day to day
governmental affairs
• The constitution clearly lays out her role as a
figure head
• But what does Rick Mercer think?
Canadian Governmental Structure
Federalism: Canada has three levels of
government
• 1)National 2) Provincial 3) Municipal
• This type of structure serves our nation well
because of our country’s size and varying
regional concerns
• Both central and regional governments have
clearly defined powers
Parliamentary Democracy
• Canadians have a representative democracy
(roughly 100,000/1 seat in House of
Commons)
• Our elected officials are responsible to the
electorate – responsible government
• Canada has universal sufferage (everyone over
18 votes)
Branches of Government
• At both Federal and Provincial Levels
•
•
•
1) Executive
2) Legislative
3) Judicial
Executive Levels
• a)Federal- Gov. Gen., PM, Cabinet
b)Provincial- Lt. Gov., Premier, Cabinet
c)Municipal- Mayor, Counsellors
Executive Branch(Federal)
•
•
•
•
•
•
•
•
•
•
Queen
-Head of State –Queen Elizabeth II
-no bill becomes law without Royal Assent
Governor General
– The Right Honourable David Lloyd Johnston
-Queen’s representative (gives royal Assent)
-appointed by Prime Minister (for 6 years max.)
-opens Parliament- reads Speech from the Throne
-greet foreign dignitaries – present awards
Prime Minister
Currently Stephen Harper
-leader of the party with the most elected
representatives in the House of Commons (we
don’t directly pick our leader)
The Prime Minister lives at 24 Sussex Drive
Canadian Government
Who’s Who in Parliament?
Prime Minister
• -As head of the Government:
• -asks Governor General to call elections, name
judges/senators
• -chooses and changes Cabinet members
• -Privy Council Office- does research on any proposals
to be made by Cabinet-advice should be impartial
but jobs are appointed by PM
• - Prime Ministers Office – gives advice to PM on
political decisions – Principal Secretary runs PMO
(+1000 workers) usually a close friend of PM
•
Prime Minister
• -As a national leader:
•
-represents Canada international
• -works with provincial premiers in order to
coordinate and share responsibilities
• -addresses Canadians on issues of national
concern and explains goals of ruling party
Cabinet Ministers
• –chosen by Prime Minister
• -they are members of the ruling party who are
given responsibility of a department or
ministry
• -receive advice from ministry to draw up new
laws to send to parliament
• - accepts responsibility for budget and actions
of ministry
Executive Branch (Provincial)
• 1. Lt. Governor- Judith Guichon
• 2. Premier- Christy Clark (Liberal)
• 3. Cabinet Ministers
• The Executive powers of the Provincial
Executive parallel the Federal Executive level
Legislative Branch (Federal)
• The Senate
• The House of Commons
The Senate
Upper Legislative Chamber
• -Representation in the Senate is based on five regions.
• -Total of 105 seats(112 max.) Ont. 24/Que. 24/West
24/Maritimes 24/ Nfld and Terr. 9
• -Function is to approve legislation ‘Sober Second
thought.’
• -Quorum- 15 senators are needed to be present for
business
• -Qualifications for Senator
• -30 years of age
• -Canadian citizen
• -Property and assets of $4 000
• -Appointed by the Governor General on the advice of the
PM until the age of 75
2. House of Commons
• Lower Legislative Chamber
• -Representation is by population. New for this next
election -total of 338 seats was 308
•
Adjusted every 5-10 years (census)
• -Function is to create and approve legislation
• -Quorom- 20 MP’s are needed present for business
• -Qualifications(MP’s) -18 years of age
• Canadian citizen and resident of riding
• $200 bond.( refundable on 50% of vote)
• 25-50 backing signatures
House of Commons
• -Elected in their riding for a term of up to five years.
• -duties include : debate issues, introduce bills, debate
government policies, pass bills into law or defeat bills,
repeal or amend old laws
• -In the House there are members of the Government
• (composed of Cabinet and backbenchers) and
members of the Opposition whose duty it is to criticize
all government bills
• - the party that came second in the election becomes
the “Official Opposition” and they have a “shadow
cabinet” that leads debate when the government
introduces new bills
• - our current MP is John Duncan (Conservative)
Provincial Test Question
What is a factor in determining the size of a
riding?
A. number of people
B. age of constituents
C. ethnic composition
D. economic diversity
Provincial Test Question
What name is given to an electoral region in
Canada?
A. poll
B. county
C. territory
D. constituency
Provincial Test Question
What name is given to an electoral region in
Canada?
A. poll
B. County
C. Territory
D. constituency
Or a ___________?
___________?
Provincial Parliament
Legislative branch
• -Representation is by population at a
suggested ratio of 50 000=1. Total 85 seats.
Adjusted every 5-10 years(census)
• -Function is to create and approve legislation
• -Qualifications(MLA’s)- see House of
Commons
Legislative Process
(How a Bill becomes a Law)
• The Role of the Cabinet
• -proposal is presented to cabinet- it is
accepted or rejected -if accepted it is drafted
by Department of Justice lawyers
Legislative Process
(How a Bill becomes a Law)
• The Role of the House Of Commons
• - A Notice of Motion is given by the mover (cabinet
minister who is responsible for bill). Entered on to the
Speaker’s agenda or Order Paper
• -First Reading- printed copies of the bill are distributed.
• -Second Reading- the Bill is debated in principle and
voted on. If passed the bill moves to Committee Stage
where it is examined clause by clause and amended
• -Third Reading- the amended bill is adopted or rejected
after it is debated
Question Period
Legislative Process
(How a Bill becomes a Law)
• The Role the Senate
• The bill goes through three readings and is
passed or rejected
• The Role of the Crown
• Governor General signs the bill in the name of
the Queen- this is known as ‘Royal Assent.’
•
• It then moves back to the Executive Cabinet to be
put into action by the appropriate ministry.
Provincial Test Question
When does Royal Assent occur?
A. when a bill is signed into law
B. when the British monarch patriates the
Constitution
C. when the Official Opposition seeks the right to
govern
D. when the Prime Minister requests that
Parliament be dissolved
Elections in Canada
• YouTube - RMR: Canada Explained
• Election Machinery
• -Elections in Canada were held at least every five
years but recent changes have taken place:
• On November 6, 2006, the Parliament of Canada
passed Bill C-16, An Act to Amend the Canada
Elections Act. It requires that each general
election is to take place on the third Monday in
October, in the fourth calendar year after the
previous poll, starting with October 19, 2009.
Provincial Test Question
How do private members’ bills differ from other
bills?
A. They originate only within opposition parties.
B. They have a greater chance of passing into law.
C. They allow backbenchers to introduce legislation.
D. They permit non-elected Canadians to propose
bills.
Elections in Canada
• -The P.M. asks the Governor General to
dissolve parliament -elections run on average
50 days – usually vote on a Monday between
9am-8pm
• -The Chief Electoral Officer is in charge of
conducting the election in accordance with
the “Election Act of Canada”
• -Enumerators compile a list of all eligible
voters in each riding
Elections in Canada
• -A Returning Officer is appointed for each
riding – he makes sure that nomination of the
candidates and their paperwork is filed
properly –he also appoints Deputy Returning
Officers who are responsible for each polling
station-supervising the balloting, the vote
counts and when the polls close they are
responsible for tabulating the results
(handling any recounts if necessary) and
reporting the results to the Returning Officer
Elections in Canada
• -Each candidate may have a scrutineer at the
polling station to make sure the vote is carried
out fairly
• -Most Canadian elections get around 70 %
turn-out (lower recently)
• -Liquor outlets are closed while polls are open
• -Media cannot report results until after polls
close
The Politics of Elections
• -A Leadership Convention is held before each
election to confirm the support of the leader
(National or Provincial)
• -membership drives, fundraising, drafting policy,
conducting polls to determine when to call the
election are all in the planning stage because
there are only 50 days to win votes
• -campaign strategy must involve a platform that
appeals to a wide range of voters – it must be
easy to deliver on TV
Provincial Test Question
1. tabulating
2. voting
3. Campaigning
• 7. What is the correct chronological order of this list?
A. 2, 1, 3
B. 2, 3, 1
C. 3, 1, 2
D. 3, 2, 1
Provincial Test Question
What is the correct order of the stages in the
electoral process?
A. 1, 2, 3
B. 1, 3, 2
C. 3, 1, 2
D. 3, 2, 1
Provincial Test Question
Which of the following is a characteristic of a minority
government?
A. It relies upon the Cabinet to call an election.
B. It requires the support of the Speaker to pass
legislation.
C. It needs the approval of the Governor General to
appoint Senators.
D. It must seek Senate approval to introduce legislation in
the House of Commons.
Provincial Test Question
High school graduates leave British Columbia to
study and work in other provinces.
What section of the Canadian Charter of Rights and
Freedoms is associated with this statement?
A. legal rights
B. mobility rights
C. education rights
D. democratic rights
Provincial Test Question
Which of the following actions could lead to a
dissolution of the House of Commons?
A. A Senator disagrees with party policy.
B. The Official Opposition opposes a major bill.
C. A vote of non-confidence passes in the Lower
House.
D. The governing party has been in power for three
years.
The Politics of Elections
• -all appearances of candidates must consider
the media and involve photo opportunities,
handshaking and short clips of candidate
delivering his message to win votes
• - the candidate must work hard to present
themselves as a leader, people feel free to talk
to and to represent them
• YouTube - Rick Mercer Report Election Kids
• Rick Mercer- Student Vote
Provincial Test Question
Election Results – 2000
Bloc Québécois 38
Progressive Conservative Party 12
Canadian Alliance Party 66
Liberal Party 172
New Democratic Party 13
Total Number of Seats in Parliament 301
What type of government was formed as a result of this federal election?
A. union
B. minority
C. majority
D. coalition
THE JUDICIAL SYSTEM
• The Constitution of Canada is the supreme law of
Canada. It defines and limits the legal powers of
the lawmakers. The Charter of Rights and
Freedoms takes precedence over any laws passed
by any government in Canada – it protects the
fundamental freedoms of Canadians. Laws spell
out our rights, privileges, and powers we enjoy as
citizens and balance them with the duties
expected of us. Laws protect our lives and
property from criminal conduct and, in turn, we
must agree to behave responsibly towards others
citizens and our society.
Main Categories of Law
• A. Private Law – civil law deals with areas of law related
to disputes between individuals – emphasis is to have
victims (plaintiff) compensated in some way by the
alleged wrongdoer (defendant)– usually under
provincial jurisdiction
• 1. Contract Law – deal with legal binding agreements
• 2. Tort Law - concerns wrongs committed by one
person against another – sue for damages
• 3. Family Law – deals with relationships among family
Main Categories of Law
• B. Public Law- deal with issues related to matters
between citizens and government or between levels of
government.
• 1. Constitutional Law – concerns the division of power
between levels of government (e.g. jurisdiction)
• 2. Administrative Law – concerns issues between
individuals and government agencies
• 3. Criminal Law – cases committed against Canadian
society in general are carried out in the name of the
Crown. The Crown lawyers (prosecution) must prove
the defendant guilty (the accused does not need to
prove innocence).
Criminal Code of Canada
• Criminal law is under the Criminal Code of
Canada
• There are three basic elements of criminal law
• 1. Presumption of innocence- has to be
proved guilty
• 2. The Criminal Act- a criminal act under
Canadian law
• 3. Mens Rea- intended to commit a crime “guilty mind”
Criminal Code of Canada
• Crimes are either:
• a) Summary conviction offenses- generally less
serious crimes with maximum penalty of 6
months
• b) Indictable offences – more serious
crimes
– penalty over 5 years.
Main Categories of Law
• A. Private Law – civil law deals with areas of law related
to disputes between individuals – emphasis is to have
victims (plaintiff) compensated in some way by the
alleged wrongdoer (defendant)– usually under
provincial jurisdiction
• 1. Contract Law – deal with legal binding agreements
• 2. Tort Law - concerns wrongs committed by one
person against another – sue for damages
• 3. Family Law – deals with relationships among family
Main Categories of Law Continued
• B. Public Law- deal with issues related to matters
between citizens and government or between levels of
government.
• 1. Constitutional Law – concerns the division of power
between levels of government (e.g. jurisdiction)
• 2. Administrative Law – concerns issues between
individuals and government agencies
• 3. Criminal Law – cases committed against Canadian
society in general are carried out in the name of the
Crown. The Crown lawyers (prosecution) must prove
the defendant guilty (the accused does not need to
prove innocence).
Law Enforcement
• Police help ensure Canadian society is safe and
orderly
•
RCMP or local police enforce criminal laws
• laws try to strike a balance between allowing police the power to do their
jobs and protect the rights of individual Canadians (Charter of Rights and
Freedom pg. 299 in text)
• Police must have “reasonable and probable grounds” before arresting
someone. Police may only use “reasonable and necessary” force while
making an arrest. Police must read the accused his rights. Police may
question anyone who may have information related to a criminal
investigation.
• Accused has the right to know why they are being held, that they have a
right to contact a lawyer for legal advice (without cost), and a right to a
speedy court trial.
The Court System
• The provinces are responsible for the
administration of justice.
• Court systems vary from province to province.
• Judges interpret and apply the law- they are appointed
by the government of the day and are meant to be
unbiased and free of government influence- the
Supreme Court is highest court in Canada. Lower court
trials are heard by a judge or justice of the peace.
More serious crimes are heard by a judge and jury -of
12 peers. Our system allows a court decision to be
appealed to a higher court.
CRIMINAL PROCEDURES IN CANADA
• Arrest-accused must now appear before a
judge within 24 hours
• Bail Hearing – decision to release on bail/set
appearance date
• Appearance before a Provincial Court Judge –
plea is entered, not guilty or guilty
• Preliminary Hearing – determine if evidence
warrants trial
CRIMINAL PROCEDURES IN CANADA
CONTINUED…
Trial
• (a) charges read
• b) accused enters plea and the jury is selected
• c) Crown attorney presents evidence against accused
• d) defence attorney presents evidence in favour of accused
• e) both Crown and defence present final arguments
• f) verdict is handed down and sentencing done
• Sentencing is meant to:
• a) act as a deterrent
• b) be a punishment
• c) to protect the public
• d) begin rehabilitation
The Penal System
• When a person is convicted of a crime the judge
has the following options: absolute discharge,
fines to the court, compensation to the victimcommunity service, probation, incarceration
(imprisonment).
• Prisoners will serve time in a provincial prison for
shorter sentences
• Longer sentences are served in a federal prison minimum, medium or maximum securityaccording to the level of threat of the inmate.
The Penal System Continued
• The purpose of corrections system is to protect
Canadian society by controlling dangerous individuals.
The system in based on the principle of rehabilitation
and provides inmates with educational and vocational
training programs.
• The “restorative justice” concept was introduced by the
courts as a response to Canada’s high rate of
incarceration, the costs of incarceration ($60,000/year)
and the lack of success of rehabilitation. This
alternative system focuses on correcting or repairing
the damage done to the victim by the offender. This
concept is used at the community level for less serious
crimes.
Youth Crime
• The debate over the handling of young offenders in Canada
has been a long one involving the following issues;
• at what age is a youth an adult
• at what age should a youth be charged
• how harsh/lenient a sentence for youth offenders
• is the emphasis on rehabilitation or punishment for youth
• In 2000 the Youth Criminal Justice Act was passed as a
response to the Young Offenders Act of 1984 appeared to
be too lenient for many Canadians. The new Act still
maintains the following:
• Youth between 12 and 17 have all legal rights under the
Charter
Youth Crime Continued
Youth have special rights because of age and are dealt with in
a separate court by a judge alone who decides on the
disposition (or sentence)
• -youth may not be named in media (or others in
proceedings)
• -police and court records are confidential and destroyed at
adulthood-exception to this rule involve more serious
crimes like assault, sexual assault and murder
• -Maximum jail sentence is five years except for youth over
14 charged with serious crimes -they may be transferred to
adult court which could result in adult sentences
Youth Court Dispositions
1) absolute discharge
2) conditional discharge (depending on
circumstances
3) fine up to $1000
4) payment of costs and up to 240 hrs of
community service
5) probation up to two years
6) open or secure custody for up to five years
End of Government Unit !
• Now you should know all the terms used in
government.
• Do you have a future in Political Science?
• See if you can understand the terminology
used by today’s politicians.