Public Law And Private Law

To tell the truth, firstly, I think Canada has too many laws because of the lack of universality reflected by its laws.Nowadays, the society and also the quality of people are both developing rapidly day by day.However, from a deeper point of view, we could easily seek out the truth under the “peaceful” and “harmonious” surface of the modern

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.

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.

In common law, judges interpret the law and judge apply it based on precedent from previous cases; compared to civil law which focuses on written legislature. In Canada, judges are given the chance to be activists. If a judge believes a citizen’s rights, under the Canadian Charter of Rights and Freedoms, are being violated, they are given the power to rule against the unconstitutional law made by the elected branches of government; this concept is referred to as judicial activism (Hausegger, Hennigar, & Riddell, 2015, p. 123). Judicial activism ensures the individual rights of each person are upheld, but the concept is controversial. Judicial activism is problematic because it awards an authoritarian level of power to unelected judges, which goes against Canada’s democratic ideology where elected officials decide and vote on the laws (Cameron, 2009, p. 27). I argue that judicial activism should not be a part of Canada’s judicial process because it gives too much power to the courts and disrupts the democratic process of

government are the seriousness of the actual offence and punishment. This meant that the federal

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

PHL 612 Philosophy of Law [Calendar Description]: What is law? What makes something a legal norm? Should

Thesis: Canada's criminal justice system, specifically laws dealing with punishment, is far superior to that of the United States

The official version of the law (OVL) is “what the legal world would have us believe about itself – is that it is an impartial, neutral and objective system for resolving conflict” (Comack, 2014, p. 11). Prior to reflecting on course material I would have undoubtedly accepted the OVL, however, at this time I believe our Canadian legal system and criminal justice system lack the ability to be impartial, neutral, and objective, therefore requiring considerable changes. The chapters in which utmost enhanced my understanding of the sociology of law were “Theoretical Approaches and the Sociology of Law” by Elizabeth Comack and “Standing Against Canadian Law: Naming Omissions of Race, Culture, and Gender” by Patricia Monture as they explain and demonstrate the inequalities marginalized groups must endure at the hands of the law.

When Rome was establishing their legal system they came up with twelve laws for all citizens to follow. Eventually, Canada used this same idea of coming up with laws to cover all crimes or incidents that could possibly happen. Along with the laws, both societies created different consequences for each law if they happened to be broken. When a law was broken the accused must be tried at the courthouse, and  prove whether or not they are guilty. Before the Romans convicted someone of a crime they would try the person in front of a jury in the court. Eventually Canadians also used this method when trying to create a final verdict. Canadians have improved on the legal system, but it is thanks to the Romans for the structure of

The aspect of the Canadian justice system that this article relates to is obviously policing/ law enforcement. Specifically this article goes into the regulations of policing as Ontario police officers now have to follow stricter regulations when stopping any member of the public. This is important in relation to the Canadian justice system as police officers stopping citizens is considered a controversial issue as people feel random stops or carding are considered arbitrary, and unnecessary, and this violates section 9 of the charter of rights and freedoms which states that “everyone has the right not to be arbitrarily detained or imprisoned”. (Canadian Charter of Rights and Freedoms) and Carding is “A practice by which officers stop, question,

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,