The Canadian Legal System

What is the law? Laws define our rights and _________________ as citizens. Laws protect our ___________________ and our lives from criminals. We also have the right to oppose unjust laws through ____________________ means. Canada’s legal system is based on _________________ common law and statutory law Quebec’s provincial laws are based on the Napoleonic Code, which is based on Roman law; Quebec courts prioritize written laws over previous rulings (legal precedent) Common law is based on decisions of judges in British courts (called legal precedent); it allows laws to adapt to changing circumstances, but some fear it gives judges too much power to change laws (judges are appointed, not elected). Common law also gives citizens another outlet for challenging unjust laws; they can challenge the constitutionality of a law in court. Statutory law is created by acts of Parliament e.g. Youth Criminal Justice Act that sets out special laws that deal with young offenders.

The Canadian Justice System The _____________ makes the laws. The police __________ them. The courts __________ the laws. ____________ carry out the punishments Chart detailing Canadian justice system on p. 275

The Court System Provincial Courts Each ___________________ has a court system designed to administer justice in Canada. The supreme courts handle indictable offences where trials are conducted by a judge or judge and _______________________ The lower courts handle ______________________ offences where trials are conducted by judges or justices of the peace The appeal court hears cases where the findings of a lower court are being challenged based on an __________________of law made during the trial Chart of BC court system p. 277 Indictable offence: serious crime for which someone can be arrested; punishments involve lengthy prison sentences Summary offence: less serious crime with maximum prison sentence of 6 months Jury: made up of adult citizens (eligible to vote in the province & taken randomly from the voters list) Justice of the Peace: civil servants with limited powers to make judgements on certain types of cases (e.g. traffic violations) Judges are appointed to their positions in the lower provincial courts by the provincial cabinet on the recommendation of the attorney general Judges for the provincial supreme courts and courts of appeal are appointed by the federal cabinet on the recommendation of the Minister of Justice. To ensure unbiased judgements, judges are supposed to stay out of politics and can only be removed from their positions by a vote in the HOC and Senate, but many feel this system doesn’t go far enough. Many want to see judges elected or serving fixed terms of office.

The Court System The Supreme Court of Canada The highest level of __________________ for all legal issues in Canada It doesn’t have to _________________________ brought before it. It has had increased importance because of the Charter of Rights and Freedoms as people challenge _________ Canadian laws. Supreme court decisions can only be changed with a __________________________. The 9 Judges on the Supreme Court are appointed by the Governor General on the recommendation of the prime minister The Canadian Bar Association, Justice Minister, lawyers and other judges have some say in recommending a judge for appointment usually based on service to the legal system and people of Canada. Of the 9 judges: 3 must be from QC; usually 3 from ON, 1 from Maritimes and 2 from West Judgements centred on Charter rights have thrown out Canada’s abortion laws, affirmed the rights of Canada’s First Nations, condemned discrimination based on pregnancy and granted survivor benefits to same-sex couples Constitutional amendments require 7 provinces totalling at least 50% of the population to vote in favour Some argue the Supreme Court is too powerful because it can change laws without consulting parliament so elected representatives of the people cannot debate the changes

Civil Law These laws deal with conflicts between individuals or groups over property, personal relationships or _______________________. Examples: compensation for injuries, divorce, ____________________, defamation of character, tenant and landlord disputes The plaintiff is the person claiming _________, loss or injury to self or property. The person being sued and accused of ___________________ is the defendant. There are two types of laws: civil and criminal Property refers to both physical property (e.g. a house) and intellectual/creative property (e.g. ideas/art)

Criminal Law These laws deal with matters that affect society as a ____________________. Examples: murder, theft, drug offences, youth offences, sexual offences, assault, firearms, _______________________ The lawyers representing the _______________ are the prosecution. The lawyers representing the _______________ are the defence. Most crimes are violent in some way, which is why they are considered dangerous to society as a whole. In court, crimes are considered to be committed against the state, not the individual victims The Crown (king/queen) is the state in Canada

Principles of Criminal Law Presumption of _________________________ The Criminal Act: prosecution must prove that the accused ______________________ under Canadian law. Mens Rea: prosecution must also prove that the accused _____________________ to commit a criminal act. The accused is innocent until proven guilty. The prosecution must prove this to get a conviction; the defence doesn’t have to prove innocence. In fact the defence doesn’t have to present a case or witnesses at all if it doesn’t believe the prosecution has presented enough evidence to prove guilt. n Rea: Latin for a guilty mind

Penal System When the accused is found guilty of a crime, the judge must _______________________ the offender. Possible sentences include: Fines paid to the court or restitution paid to the victim ___________________________ Jail Prisoners serving sentences of ____________________ 2 years go to provincial prisons. Those serving longer sentences go to ____________ prisons. Canadian penal system is based on the principle of ______________________________. Probation: the offender is subject to certain conditions laid out by the court and must report to a probation officer during probationary period E.g. drunk driving might have their licence revoked and be banned from drinking alcohol for a certain period of time. Maximum sentence in Canada is “life in prison” which means serving 25 years before chance of parole Parole is right to be released based on good behaviour, but it is not a guarantee that prisoner will be released Length of sentences varies based on seriousness of crime with life sentences being reserved for serious offences like murder or dangerous repeat offenders Both levels of prisons have minimum, medium and maximum security prisons based on danger the prisoners pose to society and each other Rehabilitation is the belief that criminals can be brought back into society as useful and law abiding citizens, so prisons offer educational and vocational training Criticisms: conditions in prisons are too comfortable and current parole system that allows many prisoners to get out on good behaviour after serving only 1/3 of their sentence is too lenient.