Transcript Canada’s Justice System

Canada’s Justice System
Chapter 2 Review
No one, no matter how important or
powerful, is above the law - not the
government; not the Prime Minister;
not the Queen; not anyone.
Rule of Law
What rights do you have if you are
arrested?
1) To remain silent
2) To speak to a lawyer, parent or
guardian
3) To have your parents with you during
questioning
4) To have a lawyer if you go to court
This means that the justice system is
governed by rules that apply to
everyone; taking into account
individual needs and circumstances.
Fair and Equitable
What is the fundamental principle of
justice in Canada and other
democratic countries?
A person is assumed innocent until
proven guilty.
A group of volunteers from your
community who work with you, your
family, and the people you have
wronged to determine a just
consequence for your offence.
Youth Justice Committee
Laws created through the legislative
process.
Legislation
Reliability, based on a critical
assessment of source, facts and
bias.
Validity
What are the important characteristics
of the Justice System?
1) The justice system must be
independent from all other
branches of government.
2) A justice system must be fair and
equitable.
3) A person is presumed innocent
until proven guilty.
What is the YCJA?
What are the intentions of the YCJA?
Youth Criminal Justice Act
It is intended to (i) prevent crime by addressing
the circumstances underlying a young person’s
offending behaviour (ii) to rehabilitate young
persons who commit offences and reintegrate
them into society (iii) to ensure that a young
person is subject to meaningful consequences
for his or her offence.
The criminal justice system for young persons
must be separate from that of adults and
recognize their reduced level of maturity.
What are the differences between the
YCJA and the Criminal Code?
YCJA
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-
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deals with 12-17 yr. olds
consequences inc. counselling and
community service
prohibits sentences for ages 12-14,
allows adult sentences for 14 and older
who commit serious crimes
protects privacy of young offenders.
News media may not publish their names
unless they receive an adult sentence
allows most young offenders to avoid a
criminal record
Criminal Code
- deals with adults
- consequence is going to court
- defines adult sentences
- allows publication of offender’s
names
- creates a criminal record for
most offenders
What is the difference between civil
law and criminal law?
What are some examples?
Civil law deals with the protection of
private rights. Injured party is called the
plaintiff. Ex. Trespassing, bankruptcy,
relationship issues, etc.
Criminal law deals with offences against
the public or society as a whole. Ex.
Murder, theft and forgery, narcotics, etc.
What are the 3 different types of
police?
1) Federal police force (RCMP)
2) Provincial police forces (Ontario
and Quebec only)
3) Municipal police forces
Police are responsible for the
enforcement of laws in Canada.
To instill positive behaviours and
attitudes.
Rehabilitate
To make part of society again.
Reintegrate
This gives the federal government
responsibility for bringing offenders to
trial and it explains how an offender is
to be punished.
Criminal Code of Canada
Summary vs Indictable offences What is the difference?
If the accused is charged with a summary conviction offense, he
or she will appear before a provincial court judge for a trial
that will proceed summarily (without further procedures) - Max.
penalty is normally $2000, 6 mos. in jail or both - less serious
offenses
More serious offenses are prosecuted by indictment. Indictable
offenses inc. crimes such as murder, arson, sexual assault. The
accused may choose to be tried by a provincial court judge, by a
superior court judge or by a judge of a superior court with a jury.
What is the difference between a
Defence lawyer and a the prosecution
(Crown attorney)?
Defence - must convince the state that
the accused did not do what he/she
is charged with.
Prosecution - tries to prove the
accused has committed the action
he is charged with
What is the jury?
A group of 12 people chosen to give a
verdict on a legal case that is
presented before them in a court of
law.
What are the final steps in a criminal
trial?
1)
2)
3)
4)
The closing statement.
The charging of the jury.
The deliberations.
The verdict.
To remove from contact - to ensure
they consider only the evidence
presented in the courtroom.
Sequester
How many of the 12 jurors are needed
in order to pass a guilty or not guilty
verdict?
12
What is it called if all 12 jurors do
agree? What happens as a result?
Hung jury
New trial with new jury.
What does the saying “ignorance of
the law is no excuse” mean?
Citizens have a duty to know the
law. If you do something illegal
but do not know it’s illegal, you
can still be charged and convicted
of an offence.
What do advocacy groups try to do?
They try to rehabilitate criminals and
reintegrate them back into society.
What are the two major citizen-led
organizations in Canada that are
involved in the justice system?
Elizabeth Fry Society - focuses on
justice issues for women and girls
John Howard Society - works with
men, women, boys and girls in
trouble with the law.
What are sentencing circles?
They come from the traditions of
some aboriginal peoples. The
committees act on the idea that
breaking the law harms everyone in
a community and that the community
must become involved in solutions.
What are the 3 purposes of Canadian
prisons?
1) Rehabilitation
2) Retribution
3) Deterrence
What are the 3 levels of prisons?
1) Local prisons - sentences of less
than 3 months
2) Provincial prisons - sentences of 3
months to 2 years
3) Federal prisons - sentences of
more than 2 years
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