9.1.5

1. 9.1.5

2. How do citizens and organizations participate in Canada’s justice system The legislative and executive branches of government make laws. The judicial branch interprets and enforces the laws. The judicial branch consists of all the courts of law. The highest court of law is the Supreme Court. The Supreme Court judges are appointed by the Prime Minister. • (1) Jury Duty –Each person who has been accused of a crime has the right to be judged by their peers. It is the responsibility of a citizen to go to court if they have been called to Jury duty. They evaluate the evidence presented to determine if the accused is guilty or not guilty. P.79-80 • Letter of Summons - Selected randomly from Voter’s list • Roughly 100 – 200 people chosen prior to interview • 12 people on jury • (2) Knowing the Law – Citizens have a duty to know the law; a person cannot be excused from committing a crime using the argument that they didn’t know the law. • Lobbying - Citizens can participate in Canada’s justice system by lobbying MP’s to change laws • Advocacy Groups – Advocacy is active verbal support for a cause or a position. Organizations such as the John Howard Society and Elizabeth Fry Society are separate from the government, run by volunteers and participate in the justice system by teaching people about our laws, helping those who break the laws return to society, and standing up for the rights of those who break the laws. They also call for measures to improve the fairness of the judicial system. • John Howard Society – works with men, women, boys and girls in trouble with the lawP.82 • Elizabeth Fry Society - only works with females. P.83

3. What are citizens’ legal roles and their responsibilities? The roles and responsibilities of every person in Canada is to pay taxes and obey the laws of the country. Canadian citizens have the added responsibility to exercise their right to vote in elections. • (3) Voting – Every Canadian citizen 18 years of age or older has the right to vote. The citizen must be registered with Elections Canada and they vote for a person, to be their local representative at either the Municipal, Provincial or Federal levels of government. • (4) Paying Taxes – Each person in Canada is required to pay taxes on a variety of items. For example property tax, the GST, income tax and a variety of other provincial/territorial and federal taxes. • Obeying the Law - Ignorance is not an excuse for not obeying the laws as set out by the country and/or province.

4. (2) Knowing & Obeying the Law Criminal Offences

5. Levels of Offences • There are three levels of crimes in Canada: • Summary Conviction Offences – a crime that is considered less serious and carries a lighter penalty. Usually proceed very quickly through the system and are tried in Provincial court before a judge alone. Fine up to $5000 and/or six months in Prison.

6. 2. Indictable Offences – a crime that is more serious than a summary conviction offence and carries a heavier penalty. - Maximum penalties from 2 years to life in prison. • Sometimes minimum penalties are imposed, such as four years for armed robbery where a firearm is used or life in prison for murder. • For offences with a maximum penalty of less than five years, the trial will be heard in Provincial Court or the Supreme Court before a judge alone. • For offences with a maximum penalty over five years, the accused can be tried by judge and jury or judge alone. • The most serious indictable offences, such as murder and treason, must be tried in Supreme Court.

8. 3. Hybrid Offences – an offence that the Crown can try either as a summary or indictable offence. • The criminal code makes it clear when an offence is considered hybrid. • Treated as indictable until charges are laid in court, then the Crown must decide how to treat the offence. • Decision depends on the circumstances of the case.

10. Offences Against The Person • Contained in Part VIII of the criminal code, it includes crimes in which the victim is threatened, injured or killed. • Violent crime is actually decreasing in Canada, bit it is of course considered very serious and therefore carries with it the stiffest penalties. • Here are some examples of offences against the person……………………

11. Homicide • Homicide is the killing of another person, directly or indirectly. • It can be culpable homicide, which means the accused can be held legally responsible or non-culpable homicide, death caused by an unforeseeable accident. • Murder, the intentional killing of another human being, is a form of culpable homicide.

12. The Criminal Code classifies murder into two categories, first degree and second degree. • First-degree murder includes a killing that falls in any one of the following situations: • It is planned and deliberate • One person hires another to commit murder • The victim is a peace officer, prison employee or other person employed for the preservation and maintenance of the public peace. • The murder is caused while committing or attempting to commit another serious offence. Second-degree murder is defined as any murder that does not fit into one of the four situations listed under first-degree murder.

13. Both first and second-degree murder have a minimum sentence of life imprisonment. The difference is when they can apply for parole; after 25 years for first degree and usually, after 10 for second-degree. • Infanticide, the killing of a newborn infant by the child’s parent, is also culpable homicide. For the crime to be considered infanticide, the accused must be the natural parentof the victim, the victim must be less than 12 months old and at the time of the killing the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim. • Maximum penalty is five years.

14. Manslaughter is any culpable homicide that is not murder or infanticide. • The Actus Reus of the offence consists of killing someone through a wrongful act, even if the killing was not intentional. • The Mens Rea is that any reasonable person could have foreseen that the wrongful act would pose a risk of bodily harm that was neither insignificant or temporary. • Can also be criminal negligence causing death, but not both! • Sometimes a charge of murder can be reduced to manslaughter if the accused can show provocation, words or actions that could cause a reasonable person to behave irrationally or lose self control. • Note that there is no cooling off period!

15. Assault • Most common form of violent crime in Canada. • Assault comprises any one of the following actions: • Intentionally applying force to another person, either directly or indirectly, without that person’s consent. • Attempting or threatening, by act or gesture, to apply force • Accosting or impeding another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon. • The criminal code classifies assault according to three levels of severity: Level 1 – hybrid offence, carries max. of 5 years. Touching without consent or threatening a person with violence. Level 2 – assault with a weapon or causing bodily harm, injuring a person in a way that has serious consequences for the victim’s health or comfort. Level 3 – Aggravated assault, which involves wounding, maiming, disfiguring or endangering the life of the victim.

16. Sexual Assault • Touching of a sexual nature that is not invited or consensual. It also has three levels: Level 1 – A hybrid offence, the most common and the one where the victim suffers the least physical injury. 97% of all cases of sexual assault. Max penalty of 10 years. Level 2 – Sexual assault with a weapon, threats to a third party or causing bodily harm. Basically involves weapons, threats or physical injury. Max. sentence of 14 years. Level 3 – Aggravated sexual assault, which involves wounding, maiming, disfiguring or endangering the life of the victim.

17. Motor Vehicle Offences Dangerous operation of a motor vehicle Thecrown must prove that the safety and lives of others were endangered because the driver failed to exercise the same care a prudent driver would have exercised under the same conditions. This is a hybrid offence. Failure to stop at the scene of an accident Any one involved in an accident who doesn’t stop, offer assistance and give their name and address, is presumed to show intent to escape civil or criminal liability. Commonly known as “hit and run”, it is a hybrid offence. Impaired driving It is an offence to operate a motor vehicle while the amount of alcohol in the bloodstream exceeds 80 milligrams in 100 milliliters of blood or .08 Police can demand that anyone, who they have reasonable grounds to believe is operating or has operated a motor vehicle, take a breathalyzer test. A blood sample can be given in place of a breath sample. Refusing to provide a breath sample is an offence. This is a hybrid offence.

18. Offences Against Property • Theft – taking property permanently or temporarily, without the owner’s permission. • The item must be taken without color of right, that is, the honest belief that a person owns or has permission to use the article in question. You can also commit theft by conversion, such as keeping money mistakenly deposited into your account. • Robbery is theft with the use or threat of violence. • Breaking and Entering – breaking or opening something in order to enter the premises without permission with the intent to commit an indictable offence. Punishable by up to life in prison if the B and E took place in a dwelling house.

19. Other Offences • Mischief – willfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with any person in the lawful use of data or property. Ie. Vandalism. Hybrid offence! • Public Mischief – providing false information that causes the police to start or continue an investigation without cause. Ie. Falsely reporting a stolen car. • Fraud – intentionally deceiving someone in order to cause a loss of property, money or service. • Prostitution – the act of engaging in sexual services for money. Actually, it is not illegal in Canada, but soliciting is, communicating for the purpose of prostitution, in a place open to public view. Keeping a “bawdy house”, a place kept, occupied or used by a person for the purpose of prostitution or the practice of indecent acts. • Gambling – not a criminal offence itself, but keeping a “disorderly house” is, a common bawdy, betting or gaming house.

20. Drug Offences • Listed under the “Controlled Drugs and Substances Act” • Possession – knowledge and control. A person must know what the item is and have some measure of control over it. They may be found in possession even if he or she gave the item to another person. Finally, you may be found to be in possession by consenting to its possession by someone else. • Trafficking – a criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance. The crown must prove that the accused possessed the controlled substance with the intention of trafficking. • Money Laundering – transferring cash or other property to conceal its illegal origin.

21. What are your responsibilities as Canadian Citizen? Jury Duty Knowing the Law Voting Paying Taxes

22. How can YOU participate in the judicial system? • Jury Duty • Knowing the Law

23. Jury Duty

24. Requirements for jury duty You must be a Canadian citizen. You have to be at least 18 years of age. Registered with Elections Canada.

25. Selection for Jury Duty • Letter of Summons sent to 100-200 people from the elections list • Interviews • Must be chosen by both prosecution & defense • Final 12 people selected • Jurors are “sequestered,” meaning they are removed from outside contact and cannot be influenced with regards to the case.

26. People that cannot be selected for jury duty Judges Officers of the court Members of the Senate and the House of Commons Police officers Firefighters Practicing lawyers Coroners Persons with a mental disability or mental illness Persons who are not sufficiently fluent in either English or French Persons charged or convicted of a criminal offense under the Criminal Code of Canada The spouses of judges, lawyers, notaries, police officers, and persons charged or convicted of a criminal offense.

27. Some people can apply for exemption Persons who have served or have been chosen for jury duty in the previous five years. Persons whose health or domestic obligations are incompatible with serving on a jury. Persons 65 years or older and their spouses. Persons suffering from a physical or sensorial handicap. Ministers of religion. Public servants in the administration of justice and their spouses. People are excused from jury duty only if they can demonstrate that it would cause them undue hardship.

28. Penalty for Ignoring Jury Duty • You can face a fine or jail time. Jury duty is a civic responsibility, and it is also one of the ways how we as Canadian citizens can participate in the justice system.

30. Criticisms of Jury Duty • Employer has to save your job – but does not have to pay you • Government pays you a stipend equal to minimum wage to off-set the lost wages. • Jurors are kept away from their family for substantial periods of time. • Jurors have no access to any forms of media while sequestered.

31. Jury Duty quiz on Monday, October 7th.

32. Youth Criminal Justice Act

33. Youth Criminal Justice Act • The Youth Criminal Justice Act is for adolescence from the ages of 12 to 17 years of age. • It ensures that these youth receive consequences for breaking the law and opportunities for counseling and therapy. • So that adolescences do not receive penalties intended for adults.

34. History Of Youth Crime Laws • Juvenile Delinquents Act (1908) • Charges apply to ages 7-adult • Separate system, separate courts • Based on belief that youth are not responsible for their own actions • Young Offenders Act (1984) • 12-17 year-olds • Use wasn’t clear; youth were sent to jail for just about everything. • Youth Justice Renewal • Decreased reliance on jails • Introduced alternatives (rehabilitation) • Meaningful consequences • Youth Criminal Justice Act (2003) • 12-17 year-olds • Emphasizes respect, victims, responsibility and accountability.

35. YCJA (p.64) The offenders are judged on the severity of the offence, their personal history, attitudes and circumstances surrounding the incident. (p.68) Consequences: counselling/community service instead of court Sentences: prohibits adult sentences for those under 14 Protects privacy of young offenders. Names cannot be published in media At the completion of sentence or on 18th birthday, criminal record will be expunged (conditions apply)

36. YCJA sentences • Reprimand: Stern warning from judge • Absolute Discharge: Court is satisfied that nothing else need be done; youth is released with no conditions • Conditional Discharge: Youth is released after having followed specific conditions for a specified period of time • Fine: Youth pays money to the court • Compensation: Pay money to another person (usually the victim) • Restitution: Return to the owner any stolen goods within a specified period of time. • Pay Purchaser: Payment made to a person who innocently bought stolen goods • Personal Service: Provide compensation “in kind” to victim • Community Service: Work in the community without pay • Prohibition: Banned from owning something • Seizure: Something is taken away from the youth • Forfeiture: Youth has to give up something he/she has • Probation: Supervision for a period up to two years • Intensive Support and Supervision: More support than probation to enable the youth to change • Attendance Order: Must attend a program such as anger management • Custody and Supervision Order: Serve time in a young offender centre or community, followed by supervision in the community • Deferred Custody and Supervision Order: Serve sentence in community under conditions rather than in custody. • Intensive Rehabilitative Custody and Supervision Order: For most violent and high-risk youth.

37. Youth Criminal Records • If charged, your record stays in CPIC for: • Summary offences: • 3 years after sentencing is complete • Indictable offences: • 5 years after sentencing is complete • If you turn 18 and re-offend while your offence’s access period is open, that charge rolls over into your adult record. • Adult records are permanent.

39. YCJA Objectives (p.70) prevent crime rehabilitate and reintegrate young people into society ensure meaningful consequences recognize the immaturity of the offender

40. Youth Justice Committees • The RCMP, Probation Officers, Judges or Children’s Services workers refer youth to the committees. • YJC members receive files that contain police and victim reports, as well as basic information on the young person and case notes. • YJC meets with the young offender and a parent or guardian in order to find out about the offence and the particular youth. • YJC decide upon the consequences that will be imposed on the youth. They often give the youth community service obligations such as picking up trash or cleaning the home of an elderly person, but may also include things like apology letters or contracts between the accused and the victim. • The Youth Criminal Justice Act incorporates First Nation and Aboriginal traditions in its Youth Justice Committees. In the native culture, the offender meets with an elder for counseling, healing and inspiration.

41. YCJA

42. YCJA