The Judicial System of The Judicial System of CanadaCanada

WHO BECOMES A SUPREME WHO BECOMES A SUPREME COURT JUDGE?COURT JUDGE?

The Supreme Court has nine judges The Supreme Court has nine judges from four regions of Canada.from four regions of Canada.

For most of Canada’s history, theFor most of Canada’s history, the PM and cabinet have appointed PM and cabinet have appointed

Supreme Court judges when positions Supreme Court judges when positions became vacant — when a judge became vacant — when a judge retired, for example.retired, for example.

In February 2006, Prime Minister In February 2006, Prime Minister Stephen Harper changed the Stephen Harper changed the appointment process. The PM and appointment process. The PM and cabinet now nominate judges, who cabinet now nominate judges, who then go through a review by a then go through a review by a committee of MPs. In 2007, the PM committee of MPs. In 2007, the PM still had the power to appoint the judge still had the power to appoint the judge of his choice.of his choice.

This photo shows the judges of theThis photo shows the judges of theSupreme Court in 2005. The court Supreme Court in 2005. The court

always has an uneven number of always has an uneven number of judges to judges to prevent tie decisions.prevent tie decisions.

QuebecQuebec OntarioOntario West East West East

What does the Judicial Branch Do?What does the Judicial Branch Do?

The judicial branch includes Canada’s courts of law.The judicial branch includes Canada’s courts of law.

The Supreme Court of Canada is the highest court of The Supreme Court of Canada is the highest court of Canada. It has the final word on all legal questions in Canada. It has the final word on all legal questions in the country. the country.

The judicial branch is separate from the other branches The judicial branch is separate from the other branches

and acts as a check on its power. It interprets and and acts as a check on its power. It interprets and applies all law on Canada.applies all law on Canada.

The main responsibility for making sure the rights of The main responsibility for making sure the rights of Canadians are respected.Canadians are respected.

Why do you believe justiceWhy do you believe justiceis often portrayed as blind?is often portrayed as blind?

Nothing is more important thanNothing is more important thanjustice and a just society. It is essentialjustice and a just society. It is essentialto the flourishing of men, women andto the flourishing of men, women andchildren and to maintaining socialchildren and to maintaining socialstability and security. In this country,stability and security. In this country,we realize that without justice, we havewe realize that without justice, we haveno rights, no peace, no prosperity. Weno rights, no peace, no prosperity. Werealize that, once lost, justice is difficultrealize that, once lost, justice is difficultto reinstate. to reinstate.

We in Canada are theWe in Canada are theinheritors of a good justice system,inheritors of a good justice system,one that is the envy of the world. Let usone that is the envy of the world. Let usFace our challenges squarely and thusFace our challenges squarely and thusensure that our justice system remainsensure that our justice system remainsstrong and effective.strong and effective.

— — From remarks by the Right HonourableFrom remarks by the Right HonourableBeverly McLachlin to the Empire Club of Beverly McLachlin to the Empire Club of Canada, March 8, 2007.Canada, March 8, 2007.

The Youth Criminal Justice ActThe Youth Criminal Justice Act Canada's Youth Criminal Justice Act (YCJA) is a Canada's Youth Criminal Justice Act (YCJA) is a

Canadian statute, which came into effect on Canadian statute, which came into effect on April 1, 2003, covering the prosecution of youth's April 1, 2003, covering the prosecution of youth's for criminal offenses. The YCJA governs the for criminal offenses. The YCJA governs the application of criminal and correctional law to application of criminal and correctional law to those 12 and older but younger than 18 at the those 12 and older but younger than 18 at the time of committing the offence. time of committing the offence.

The YCJA recognizes that youth have The YCJA recognizes that youth have rights protected by the Canadian rights protected by the Canadian Charter of Rights and Freedoms, the Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Canadian Bill of Rights and the United Nation's Convention on the Rights of Nation's Convention on the Rights of the Child.the Child.

How are the Youth Justice and How are the Youth Justice and Adult Justice Different in Canada?Adult Justice Different in Canada?

Young OffendersYoung Offenders

Deals with 12- 17 year olds in Deals with 12- 17 year olds in trouble with the lawtrouble with the law

Allows some young offenders Allows some young offenders to face consequences such as to face consequences such as counseling and community counseling and community serviceservice

Prohibits adult sentences for Prohibits adult sentences for youths 12-14 and protects the youths 12-14 and protects the privacy of young offendersprivacy of young offenders

Allows most young offenders Allows most young offenders to avoid a criminal record.to avoid a criminal record.

Adult Adult OffendersOffenders

Deals with 18 + adults in trouble Deals with 18 + adults in trouble with the lawwith the law

Makes going to court the usual Makes going to court the usual consequence for breaking the lawconsequence for breaking the law

Defines adult sentences which Defines adult sentences which can include prolonged jail can include prolonged jail sentences and/or finessentences and/or fines

Allows the publication of Allows the publication of offenders’ namesoffenders’ names

Creates a criminal record for Creates a criminal record for most offendersmost offenders

What Factors Determine the What Factors Determine the Consequences Young Offenders Face?Consequences Young Offenders Face?

The seriousness of the crimeThe seriousness of the crime The history of the young personThe history of the young person The attitude of the young personThe attitude of the young person The circumstances of the young personThe circumstances of the young person

Police officers across Canada work to educate young people about he law.

How might this work affect the fairness of the justice system?

What are the Objectives of the What are the Objectives of the YCJA?YCJA?

To prevent crime by addressing the circumstances To prevent crime by addressing the circumstances underlying a young person’s offensive behaviorunderlying a young person’s offensive behavior

To separate young persons from adults and recognize To separate young persons from adults and recognize their reduced level of maturitytheir reduced level of maturity

To rehabilitate young persons who commit crimes and To rehabilitate young persons who commit crimes and reintegrate them into societyreintegrate them into society

To ensure that a young person is subject to meaningful To ensure that a young person is subject to meaningful consequences consequences

What Role do Canadian Citizens and What Role do Canadian Citizens and Organizations Play in the Fairness and Organizations Play in the Fairness and

Equity for Youth?Equity for Youth?JuriesJuries Under the YCJA, a person 14 years of Under the YCJA, a person 14 years of age or older may be tried by a judge and jury age or older may be tried by a judge and jury for certain serious offences such as assault.for certain serious offences such as assault.

A jury is a sworn body of people convened to A jury is a sworn body of people convened to deliver a rational, impartial verdict officially deliver a rational, impartial verdict officially submitted to them by a court, or to set a penalty submitted to them by a court, or to set a penalty or judgment. A trial in which a jury decides the or judgment. A trial in which a jury decides the verdict is known as a jury trial. A person who is verdict is known as a jury trial. A person who is serving on a jury is known as juror.serving on a jury is known as juror.

In Canada, juries are used for some criminal trials but not others. For less In Canada, juries are used for some criminal trials but not others. For less serious offences that come to trial, a judge alone makes the ruling. In some serious offences that come to trial, a judge alone makes the ruling. In some more serious offences, the accused person can choose to be judged by either a more serious offences, the accused person can choose to be judged by either a judge or a judge and jury. judge or a judge and jury.

Serving on juries is considered a duty of Canadian citizens.Serving on juries is considered a duty of Canadian citizens.

Advocacy GroupsAdvocacy Groups

Canada has two major citizen-led organizations involved in the justice Canada has two major citizen-led organizations involved in the justice system: The John Howard Society and the Elizabeth Frye Societysystem: The John Howard Society and the Elizabeth Frye Society

The organizations work independently of the government. The try to to The organizations work independently of the government. The try to to solve the underlying reasons for crimesolve the underlying reasons for crime

The provide public education about laws and the justice systemThe provide public education about laws and the justice system

The work with youths and adults who have broken the law to help them The work with youths and adults who have broken the law to help them return to their communitiesreturn to their communities

They stand up for the rights of youths and adults accused of crimesThey stand up for the rights of youths and adults accused of crimes

They call for measures to improve the fairness of the justice system for They call for measures to improve the fairness of the justice system for those accused and/or harmed by crimethose accused and/or harmed by crime

A Native PerspecitveA Native Perspecitve Under the YCJA, young people Under the YCJA, young people

can face consequences from can face consequences from Youth Justice Committees. Youth Justice Committees. These committees reflect the These committees reflect the traditional sentencing circles that traditional sentencing circles that the natives use in their own the natives use in their own communities. In these circles, communities. In these circles, many people from the many people from the community, those who community, those who committed the crime and those committed the crime and those who were affected by it, come who were affected by it, come together to discuss and reflect. together to discuss and reflect. They can share their feelings They can share their feelings and come to a collective and come to a collective agreement on the punishment agreement on the punishment for the guilty.for the guilty.

QuestionsQuestions How do Canada’s justice system and Youth Criminal Justice Act attempt to How do Canada’s justice system and Youth Criminal Justice Act attempt to

treat young offenders fairly and equitably?treat young offenders fairly and equitably?

What are the steps involved when a young person enters the justice What are the steps involved when a young person enters the justice system?system?

What are the advantages and disadvantages of the YCJA?What are the advantages and disadvantages of the YCJA?

Which is more important: the privacy of young offender or public safety? Which is more important: the privacy of young offender or public safety? Why?Why?

What aspects of your identity would you want the justice system to take into What aspects of your identity would you want the justice system to take into account?account?

What role do Canadian’s play in their fairness and equity fo the justice What role do Canadian’s play in their fairness and equity fo the justice system for youth?system for youth?

What is the Message of this What is the Message of this Cartoon?Cartoon?

How do you know what the message

is?

Do you think the message is

correct?

Why would someone create a cartoon like this?