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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 LawRule 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 EquitableFair 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 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 CommitteeYouth Justice Committee

Laws created through the legislative

process.

Laws created through the legislative

process.

LegislationLegislation

Reliability, based on a critical assessment of source, facts and bias.

Reliability, based on a critical assessment of source, facts and bias.

ValidityValidity

What are the important characteristics of the Justice System?

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?

What are the differences between the YCJA and the Criminal Code?

YCJA Criminal Code- deals with 12-17 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 12-17 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?

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.

RehabilitateRehabilitate

To make part of society again.To make part of society again.

ReintegrateReintegrate

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 CanadaCriminal Code of Canada

Summary vs Indictable offences - What is the difference?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?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.

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?

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.

To remove from contact - to ensure they consider only the evidence presented in the courtroom.

SequesterSequester

How many of the 12 jurors are needed in order to pass a guilty or not guilty verdict?

How many of the 12 jurors are needed in order to pass a guilty or not guilty verdict?

1212

What is it called if all 12 jurors do agree? What happens as a result?

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?

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.

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?What do advocacy groups try to do?

They try to rehabilitate criminals and reintegrate them back into society.

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?

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?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.

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?

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?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!!!