Canadian Criminal Irresponsibility

This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

The Criminal Justice System has many components that make it up. There are many differences and similarities between Canada and America like the culture, religion, and governments. Some of the main differences and similarities being the Criminal Justice System. The Criminal Justice System is the law that is related to arresting, sentencing and punishing people if found guilty with jail time, probation, or community service. In this research paper, I will be stating some of the main differences and similarities between the Canadian and American Judicial System.

Canada’s Criminal Justice system offers youth justice courts which have exclusive jurisdiction over cases involving young persons. They are specialized so that they only handle cases involving young persons. Youth cases are also held in their own courtrooms in local courthouses. These youth courts are open to the public like all Canadian courts, but due to the Youth Criminal Justice Act, youth still have privacy rights the identifies of youth cannot be publicized, unlike in adult court.

Since the British North America Act was adopted in 1867, Canada has been developing and writing up their own laws independently from other countries. Many people believe that, though our Canadian laws have come far from the days of the BNA act, they are still not up to par with the harshness of American laws. The advantage that Canadians have over Americans is that in Canada, there is only one criminal code for all Canadians whereas in the United States, every State has their own criminal codes which, unfortunately for the Americans, are not identical. Also, the United States and Canada each have a law that is fraught with the possibility that an injustice will be brought upon those whom these laws apply. In the United States, it is the

The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.

The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are consistent with those rights and freedoms. The Charter was established firmly in “The Constitution Act, 1982”, with the declaration of this act Canada escaped from the severe practice of concept of parliamentary supremacy. The Charter has an enormous effect on court’s decision power to award justice to important and debatable issues about policies that affect public. In awarding the verdict courts are not even reluctant to rewrite laws that violate the testament of the Charter. The judges have a duty to regulate the rulings of both provincial and federal governments which, disagree with the root value of Charter.

A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.

Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse

Even though Canada is one of the most developed countries in the world, there are still major human right violations that occur on a regular basis. The most prominent violation that occurs is the violence and discrimination against the indigenous women who live in Canada. Native women are seen as less by others for multiple reasons, mainly because they are native, Canadian women whose ancestors have always lived there. Also, there are stereotypes, corruption, and racism in the police force. Even though this is a massive problem it is possible to stop if we raise awareness, provide recourses to victims, and fix governmental corruption. Overall with this monstourus problem looming over Canada there

The necessity to limit the rights and freedoms of Canadians is illustrated and reinforced through the governments use of reasonable limits, ‘notwithstanding clause’ to limit individual rights and freedoms, and the occasional need for the government to have power extended above and beyond the limits prescribed in the Charter.

The Canadian Criminal Court system uses bail, plea bargaining and legal aid as way to improve prison overcrowding, faster process of cases and equality of all participants. Bail is the temporary release of someone charged with a crime when waiting his/her trials. It is mostly granted to the accused who do not have a criminal record. The defendant is released on the condition that they will not contact the victim nor their family. Furthermore, they must show up to their court date. In Canada, we hold up to the “Proven until guilty” statement, which is basically receiving bail. This is one of the many reason that Canada does not have overflowing jails. We would not have the space to put everyone awaiting trial to be placed in prisons. Similarly, plea bargaining not only lets us evade cramped jail cells but also keeps courts from be overcrowded.

     The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

The most important part of the Charter of Rights and Freedoms is the Equality Rights, which states that everyone is equal in the eyes of the law and is entitled to the “equal benefit of the law”(Canadian Charter of Rights and Freedoms, s 15). This is commonly interpreted to mean that all citizens are entitled to the positives of Canadian law. Unfortunately, this is not the reality of the legal system. Quite frequently certain citizens are allowed special benefits after being found guilty. The reality is: police officers, at any level, receive lesser sentences than regular citizens for the same or similar crimes. This preferential practice is proven when cases are examined and compared to the Criminal Code as well as comparable cases. Cases

The golden rule for criminal inadmissibility is that the offence must be criminal in both the country the offence was committed and in Canada. Section 36 divides criminality into two categories; ‘serious criminality (subsection 1) and criminality (subsection 2). Serious criminality is an act or conviction that must be equated to an offence punishable in Canada and must also hold a term of imprisonment in Canada for a maximum of at least ten years and a minimum of six months. Criminality is having been convicted or having had committed an offence punishable in Canada as an indictable offence, or having committed or convicted of any two offences, not from a single occurrence, that would constitute as offences in an Act of Parliament. This also include committing an offence upon entering Canada. This division of offences is relative to