Canada’s Justice System

1. Canada’s Justice System

2. Goals of the judicial system: • 1. Ensure society operates in a peaceful and orderly manner • 2. Balance the need for social order with respect for the individuals rights of the citizen

3. Fundamental legal rights of Canadians • The right to be free from unreasonable search or seizures • The right on arrest to be told of the reasons • The right to be represented by counsel (lawyer) • The right, on being charged with an offence, to be told the details of the offence • The right to a trial within a reasonable time • The right to be presumed innocent until proven guilty • The right to not be denied bail (temporary release) without just cause

4. The Criminal Justice Process • 1. The Criminal Investigation • 2. The Courts • 3. The Trial • 4. Verdict and Sentencing

5. The Criminal Investigation • Acting on information (ie. From witnesses), the police obtain warrants – legal documents – for arrest and/or search • The suspect is told the charge, told he can consult a lawyer, and is brought before a judge • The judge decides whether there is enough evidence to proceed with trial and whether bail can be granted

6. The Courts • There are federal and provincial courts which each have different jurisdictions (ie. Federal – immigration) • Within federal and provincial, you can appeal your case “higher” – Court of Appeal or the Supreme Court • Supreme Court hears only a very FEW cases – the ones of national importance, that might cause a change in law or in how law is interpreted

7. Supreme Court Justices

8. The Trial • Adversarial system – determining guilt is done in a clash/fight between the prosecution (Crown) and the defence • Two opponents argue their case to the best of their ability • Burden of proof rests upon the prosecution – they must show the suspect is guilty beyond a reasonable doubt • Trial can be before a judge OR a jury of 12 citizens selected by the prosecution and the defence from a large group who received notices to appear at the court • Quality of evidence: • Hearsay is not permitted – things that witnesses have heard others say, not what they have personally observed • Judge can also rule evidence inadmissible (ie. If obtained by a violation of right) • The suspect (defendant) is not required to testify

9. Verdict and Sentencing • After the final arguments from the prosecution and the defence, the judge makes the “charge to the jury” – it’s a review of the facts and an explanation of the law that applies to the case • Once the jury had decided, the judge allows the defendant to leave if found innocent or sentences him if found guilty

10. Principles of sentencing • Punishment – so that the public understands the offence was serious • Deterrence – discourage the offender and others from repeating the crime • Protection – of the public from dangerous people • Rehabilitation – of the offender so that he or she can rejoin society as a law-abiding, productive citizen

11. Sentencing options • Prison time • Probation (have to stay out of trouble, follow up with probation officer etc) • Conditional sentence (no penalty if the offender meets certain requirements ie. Fines, community service, etc) • Fine • Restitution (repayment to victim) • Community service • Open custody in a group home (for youth)

12. Youth Criminal Justice Act • Youth between ages 12 and 17 are called young offenders • Youth must be held accountable for criminal activity, but not to the same extent as adults • Youth have all the same legal rights as other as well the right: • To have a parent/guardian present during questioning • In court – judge often conducts a trial alone • Youth’s names are usually not made public • Sentences are often lighter, with an emphasis on rehabilitation, but a judge can impose a stiffer, “adult sentence”

13. Wrongful Convictions • Sometimes Canadians are convicted of crimes they did not commit and spend years in jail for them • Some have later been exonerated (found innocent) due to DNA evidence • Famous examples: David Milgaard (20 years in prison) and Romeo Phillion (31 years in prison) • Organizations such as the Innocence Project work freeing people they believe to be innocent • Three factors they say lead to wrongful convictions: • Tragic event • Suspect who lacks power or authority • Suspicious evidence

14. Civil law • Criminal law is a public offence against society • Civil law is private disputes between individuals (ie. Sueing over property ownership, contracts, etc) • When you decide to sue, you are the plaintiff, and you file a plea with the court outlining your complaint and the remedy • The defendant responds with a statement of defence • The issue can be resolved out of court or be brought to trial before a judge or 6 jurors • Results: Defendant can be ordered to pay damages (ie. Car accident), issue a declaratory order that states the rights of the parties (ie. Terms of a will), or issue an injunction which requires someone to stop doing something (ie. Make noise)