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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!!!