Presentation on theme: "Legal Systems “tipping the scales of justice”. What is a system Set of identifiable elements –Police, courts, corrections, victims etc. Individual elements."— Presentation transcript:
What is a system Set of identifiable elements –Police, courts, corrections, victims etc. Individual elements are interdependent –Organized in a predictable; people are processed in a systematic way All systems must have common goals –“too serve and protect”
Justice Models Crime Control –Primary goal – reduce crime and incarcerate criminals for a long time –Presumption: guilty until proven innocent –Discretion: judges make few errors as people are guilty –Protects: law abiding citizens
Justice Models con’t Due Process –Primary Goal – not to reduce crime but to see that justice is served –Presumption: innocent until proven guilty –Discretion: monitored closely so rights of acc’d are protected –Protects: legal rights of the accused
Who follows what model? Police: –Due process – protect public and get offender off the street Courts: –Due process – protects rights of accused and ensures fair trial Corrections: –Crime control – found guilty already!!!
Charter of Rights and Freedoms Key difference between right and freedom –Right: legal, moral or social entitlement that citizens can expect from government –Freedom: a right to conduct one’s self without government interference
History of Human Rights Magna Carta – 1215 Bill of Rights – 1869 Canadian Bill of Rights 1969 Canadian Human Rights Act – 1977 Charter of R and F - 1982
Need for Human Rights Leg 1833 – Slavery Abolished 1900 – Chinese head tax increased from $50 - $100 1914 – Komagata Maru incident – 20 of 376 immigrants permitted into Canada 1918 – womens right to vote Federally 1920 – women can run for government 1928 – Person’s case 1942 – Japanese internment
Purpose of the Charter No other human rights legislation is “entrenched” in a constitution –Means it is “super-ordinate” Only protects us from government interference not personal Supreme Court in charge of enforcing any claims
Legal Rights Section 7: Life, Liberty and Security Section 8: Search and Seizure –Protects against unreasonable search and seizure Section 9: Detention and imprisonment –Not to be arbitrarily detained Section 10: Rights while being detained and imprisoned –Charter warning
Rights Con’t Section 11: rights while being charged –Must be informed –Trial to be done in a reasonable time –Acc’d can’t be forced to testify –Double Jeopardy Section 12: Cruel and unusual punishment –Most innocent possible offender test
Oakes Test Charter test for reasonableness –The objective (why the infringement happened) must be of sufficient importance to warrant overriding the protected freedom –Must show means chosen are reasonable and justified Proportionality test – must balance interests of society with those of individual
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