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. 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? 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 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. 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? 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. 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. 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. 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? 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. 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 Criminal Code -deals with yr. olds - deals with adults -consequences inc. counselling and - consequence is going to court community service -prohibits sentences for ages 12-14, - defines adult sentences allows adult sentences for 14 and older who commit serious crimes - protects privacy of young offenders. - allows publication of offender’s News media may not publish their names names unless they receive an adult sentence -allows most young offenders to avoid a - creates a criminal record for criminal record most offenders YCJA Criminal Code -deals with yr. olds - deals with adults -consequences inc. counselling and - consequence is going to court community service -prohibits sentences for ages 12-14, - defines adult sentences allows adult sentences for 14 and older who commit serious crimes - protects privacy of young offenders. - allows publication of offender’s News media may not publish their names names unless they receive an adult sentence -allows most young offenders to avoid a - creates a criminal record for criminal record most offenders

What is the difference between civil law and criminal law? What are some examples? 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. 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. 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. 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. 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. 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)? 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 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)The closing statement. 2)The charging of the jury. 3)The deliberations. 4)The verdict. 1)The closing statement. 2)The charging of the jury. 3)The deliberations. 4)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. 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. 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 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 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

DON’T FORGET TO STUDY YOUR ARTICLES AS WELL!!! DON’T FORGET TO STUDY YOUR ARTICLES AS WELL!!!