Canada’s Legal System Grade 9 Social Studies

Laws keep order and set expectations for how people should behave. What is Law? Laws keep order and set expectations for how people should behave. Unlike rules, laws are created by the government to establish peace and social order

The Five Parts of Canada’s Legal System 1. Citizens 2. Governments 3. Police 4. Courts 5. Prisons The Five Parts of Canada’s Legal System

Citizens Elect the government Possess rights protected by law Are responsible for obeying the law

Governments Make the laws Set down punishment for crimes Ensure order for society Guarantee the rights of the individual

Police Enforce the laws Try to prevent crimes from happening Catch those who break the law Federal – RCMP Provincial Municipal

RCMP = Royal Canadian Mounted Police Enforce laws in Canada Sometimes groups of officers are assigned a particular department (ie. Narcotics control act) Polices 8/10 provinces + NWT Ontario and Quebec have their own police forces, (Ontario Provincial Police...OPP) Local or Municipal – serve counties, towns, cities and reserves.

When making an arrest, the police must: Obtain a warrant (unless the person is committing a crime) Identify themselves as police officers Avoid using more force than necessary Tell people why they are being arrested Tell people they don’t have to make a statement and if they do, their statement can used against them in a court. Tell people they have a right to talk to a lawyer without delay. Both police and suspects have rights

Types of Offenses: 1. Indictable offense – serious, murder, arson, etc. – jail time. (Court of Queen’s Bench) 2. Summary Conviction – maximum penalty is $2000, 6 months in jail or both. (Provincial Court) Examples of summary convictions: nudity, causing a disturbance, trespassing, unlawful assembly (riot), etc.

YOA – Youth Offenders Act Deals with offenders under the age of 18.

Courts Interpret the law Decide whether alleged offenders are guilty or innocent Decide what punishment convicted offenders will face

Prisons Carry out the punishments decided by the courts Try to rehabilitate criminals so they will not commit crimes again Protect the public from criminals Headingley Correctional Centre – minimal, medium, and maximum security for a population of 549 males

Prison System 3 functions: If sentence is 3 months or less = jail Maximum Security Medium Security Minimum Security Dangerous prisoners (murder) Not very dangerous Not a danger 3 functions: i) rehabilitate – learn appropriate behavior ii) retribution – pay back for their crime iii) deterrence – deter or prevent from doing crime again. If sentence is 3 months or less = jail If sentence is 3 months to 2 years = provincial prison If sentence is greater than 2 years = federal penitentiary