Chapter 2

• • • • • • • • • • • •

Canada’s Justice System

BULLETIN: To all Canadian citizens: Effective immediately, a new law has been established by the federal government to curtail the increase of youth crime, particularly gang violence, in Canada.

All youth, ages 12–17, will be required to inform their local government agent about any travel outside of their community. This is to reduce the problems related to the recent rise of gang violence in Canada. It is the belief of the federal government that youth are central to this issue. The gangs are training youth to move illegal goods from area to area. The controlled movement of youth should assist in the reduction of violence and contact of gangs from community to community. Please be advised that this new law will be in place indefinitely.

Government of Canada Consider your initial reaction to this bulletin. You may be questioning how fair this new law is; the idea that not every citizen in Canada is treated the same. Or, you might be concerned about the law being equitable, taking into account that this new law affects all youth, even those who have nothing to do with gangs.

fair: treated the same equitable: taking into account individual or group needs and circumstances Would you accept the decision of the federal government and follow the new law? Are there other options that you might be able to consider?

Do you understand what fair and equitable mean? View the slide show What Is Fair? What Is Equitable?

Luckily, this example of the new law in the bulletin is not real. This example is to get you thinking about how laws that are made by the federal government can impact you in many ways. As well, laws in Canada are set up to be fair and equitable for Canadian citizens.

• • • • • • • •

Understanding Canada’s Laws

In Canada, there are laws to protect the safety of all people. These laws are like a social contract that citizens follow. Laws are set out in Canada’s constitution. They are established to ensure all citizens are treated fairly and equitably.

There are many different laws that affect you and your daily life. An important law for many 14 year olds in Alberta is getting a learners’ permit and learning how to drive.

Brainstorm as many laws, provincial or federal, as you can. Then record these laws using the heading “Laws I Know.” Ask friends and family about laws that they know about.

This list should also remind you that it is important to understand laws so that you do not unknowingly break a law.

However, imagine if there were no laws. What if there were no speed limits on highways, no minimum age for driving, no consequences for graffiti, or no laws against bullying or assault? You probably can think of many situations in which not having laws could make life very different, maybe even chaotic. Laws are in place to ensure that all Canadians are protected.

On page 61 through 63 of your textbook, you will examine what happens when a youth breaks a law. As you read the cartoon, consider the questions that are posed in the yellow areas. Finally, mentally respond to the question at the bottom of page 63.

As you saw in the cartoon, when youth break the law, different events and consequences occur. It is up to the police, lawyers, justice committee, and judges to decide how the situation is handled.

• • • • • • When a youth breaks the law and is apprehended by the police, there are many possible outcomes. View the interactive multimedia Justice for Youth to find out what the outcomes are.

There are many factors that influence the consequences that are chosen for young offenders. Together we will reading page 68 of your textbook to understand the four main factors. When we are done right the four main factors in your notebook Discuss the following question.

In your opinion, to what extent should the law apply equally to everyone, no matter what their circumstances? Why?

— Patricia Lychak et al., Issues for Canadians Student Resource (Toronto: Nelson Education, 2009). 68. Reproduced by permission.

• • • • • • • Use the multimedia piece titled Judges?” Try Judging to test your ability to choose the correct outcome for a sample court case. Within this multimedia, you will locate the link to “Case 1: Why Do We Need Follow these steps: Select the Case Introduction, and then follow the instructions given to you. Complete the quiz at the end of Case 1. You must get 10 out of 10 before you can go on. Print off the page showing your final score, and place this in your Portfolio. Continue exploring these cases. Follow the same steps as for Case 1.

“Case 3: What is the Judge’s Role in the Justice System?” “Case 4: How Do Judges Make Decisions?”

• • • • • • • •

Youth Criminal Justice Act

In 2003, the federal government passed the Youth Criminal Justice Act. The YCJA sets out the consequences for young offenders. The intention of this act is to treat young offenders differently than adult criminals in the justice system.

Treating Youth Differently.

The YCJA has four main objectives that strive for fair and equitable justice for youth. Examine page 70 of your textbook to see what the YCJA says and what each objective means. Also find the four main objectives.

There are four articles discussing youth crime on pages 72 and 73 of your textbook. Public opinion may not always agree with the objectives of the YCJA.

Read each article. Then determine which objective is being challenged and what facts the writer uses to back their opinion.

Explore the John Howard Society explanation

• • • • • How is youth justice in Canada being portrayed in the media?

Search online and in other media sources (e.g., newspapers) for 5 news articles relating to youth crimes and the YCJA. Do an in-depth examination of your articles Complete a Current Events Graphic Organizer you find. Pay particular attention to the impact on youth in your summary of the article.

for each article that Learn more about the YCJA, play some interactive games, and test your knowledge in the multimedia How Well Do You Know the YCJA?

The Youth Criminal Justice Act protects young people who commit a crime. The act ensures that agencies and officials in the justice system provide fair and equitable justice. The main objectives of the act are to reduce crime and provide justice for the youth, the victims, and for the community as a whole.

• • • •

Citizen’s Legal Roles and Responsibilities

Like laws, there are many rules that are in place all around you. Whether it is with a sports team, in the classroom, or at home, rules are part of life.

Consider the rules in your school or in your home. Some rules may include respecting others, respecting property, speaking in turn, and sharing in cleaning responsibilities. Brainstorm as many rules as you can. If possible, brainstorm with your learning partner or a family member. Next, consider what rights and responsibilities you have in relation to each rule. Rights are things that belong to everyone, such as the right to an education. The responsibilities that go with that right would include arriving on time for class, not talking out of turn, and respecting all students in your class. You may find some of the school rights and responsibilities listed on your school website, newsletters, or school planners.

Finally, what consequences are there if you don’t follow the rules? For example, if you are late for school, you may have to make the time up after school (on your own time); or if you are late for supper, you may have to clean up the kitchen (by yourself).

•

Rights and freedoms are important to all Canadian citizens. Rights are what you are entitled to as a Canadian, and freedoms allow you to choose what you want to say, think, and do. However, with rights and freedoms come responsibilities. Responsibilities include obeying and understanding the laws and respecting the rights of other citizens.

•

What’s the difference between a RIGHT and a RESPONSIBILITY?

•

Using your agenda, work with a partner to identify your rights and responsibilities as a student in Alberta. What are the consequences if you choose to ignore your rights and/or not uphold your responsibilities?

•

Before you can distinguish the difference between a right and a responsibility let’s define each:

•

Key Concepts Definition Examples

Rights

Responsibility

School Rules (You may consult your agenda)

Rules Rights Responsibilities Consequences + -

• • •

Sentencing Circle

Jason Ross has been found guilty of stealing a car and driving it dangerously. He crashed it while being pursued by the police. His girlfriend, Beverley, who was injured, has also been found guilty of being an accessory to the crime. Jason has admitted to the crime and now the sentencing circle must reach a decision about his sentence.

In your group, each of you has a role to play. As a group you must decide what will be Jason’s sentence. Remember to take into account the Scope and Principle of the YCJA as found in a earlier section of this work booklet. Justify your answer using all the information you have learned thus far about the YCJA.

• • • • • • • • • • • • Sam/ Samantha Jones- You are the judge in this case. You know that Jason could qualify for a custodial sentence, especially since this is not his first offence, and his girlfriend, a minor was injured. You chair the meeting, hearing from everyone in turn, but leaving Jason until the end.

Beverley Johnson- You are Beverley Johnson – 17 years old, Jason’s girlfriend, employed in a department store. You have admitted to helping him steal the car and being a willing accomplice. You were in the passenger seat, and received cuts to your face and a broken jaw.

Joe/Josephine Ross- Jo Ross is Jason’s parent. Jason lives with you. You are very worried about him and want him to stop stealing cars. You think that Beverly is a bad influence on him Robert/Roberta Johnson- You are Beverley’s parent. You blame Jason for injuries your daughter has sustained and want him to receive a harsh punishment to get him away from Beverley.

Patrick/Patricia Adams-You are Pat Adams, the owner of the car, which you bought very recently. It was your pride and joy. You only had third party insurance so the insurance company will not pay for the damages.

Officer Steel-You are the police officer who pursued Jason after the report of the theft by Pat, the owner of the car. You had to assist at the scene of the crash and called the ambulance for Beverley.

Ashley French-You are Jason’s Lawyer. You will argue for a non-custodial sentence because Jason has admitted his guilt.

Mac/Mackenzie Roberts You are a neighbour to both victim and perpetrator and are fed up with the crime in the inner city neighborhood. You know that Jason is the ringleader of a local gang. You want to make an example of him.

Alexander/Alexandra Brown You are Alex Brown, Beverley’s employer. You have come to the meeting to say that she is a good worker, liked and trusted by her work colleagues and she gets on well with customers in the department store where she works.

Guy/Guylaine Lafleur -Guy is a local youth group leader working in the inner city. Jason had helped to repair a run down community centre a few months back, and had helped teach some younger kids to play basketball but then he stopped coming to the centre. Guy has not seen Jason for the past 8 weeks.

Ronnie Humphries You are the Crown Prosecutor. You will stress Jason’s previous record and the need to deter him from more crimes.

What is your decision as a group and why (ensure you justify your answer in 4-5 sentences)?

• • • • • • • Jury duty can be traced back to the ancient Athenian society of Greece more than 2000 years ago. It was based on the principle that having multiple people participating in decisions will yield a fair decision. Jury duty has evolved greatly since ancient Athens; however, it still holds the same basic principle of fairness in legal matters today.

Specifically, for youth justice in Canada, a jury can be selected when a serious crime is being dealt with in the courts. People who are on a jury are known as jurors. In Canada, all adult Canadian citizens can be selected for jury duty. By law, if you are selected, you must participate. This is an example of one responsibility of being a citizen in Canada. Discover more about the responsibilities of a juror. Begin by reading page 79 of your textbook, which highlights these responsibilities. Then read pages 80 and 81.

As you read, consider the benefit of a jury to a youth who is accused of a serious crime. You may want to use a graphic organizer to record notes. Consider using a concept web with the phrase “Jury Duty” in the middle. Place any thoughts, notes, facts, and other information that will help you understand the importance jury duty has in the justice system.

From the textbook, determine in your note books how a jury treats the accused person fairly. Complete Position Statement .