The Canadian Criminal Justice System

The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this

The court system is divided into a three level hierarchy. The first level is superior/family court, the second is The Provincial Court, and the third is The Supreme Court of Canada. This hierarchy makes a system of appeals and if the losing part in a lower level feels that the judge or jury did not look at all the evidence, or they feel they were unjustly tried they have the right to appeal to higher courts. Appeals make the court system more unprejudiced and fair, which help those who may have been wronged or unfairly represented have another trial with a new panel of judges or jurors. A person can have up to thirteen judges looking over their case. Together, they can all guarantee that there will be a correct decision and whatever that decision is will be fair. Appeals are important and favourable to have, especially if there truly was a mistake and it will be fixed. Of course, one must have concrete evidence that there was an error. This provides confidence for Canadian citizens that The Canadian Independent Justice System is not a threat to

A large difference between the Canadian and American Criminal Justice System is that in Canada, all first-time judges no matter what level of court have to be lawyers and had to have been for at least five years, although virtually all appointments come from lawyers who have at least 10 years of experience(Choosing Judges in Canada, 2010) the judges are appointed by the federal or provincial government, superior court judges are appointed by the federal government meanwhile the inferior courts; which are all courts that are not the superior court, are appointed by the provincial government. “In many American jurisdictions justices and judges are elected to their positions, they must meet certain basic requirements, including citizenship and residency” (How judges are elected).

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.

In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).

Between the two schools of epistemology, rationalism and empiricism, I am inclined towards the philosophies of rationalism. I am persuaded towards philosophical approaches which are superior at attaining truth. Empiricism relies on observation using the five senses in reasoning to achieve truth. However, in Plato’s Thaetetus, Socrates gives strong arguments for the limitations of human perception. The Canadian legal system, also, recognizes flaws in human observation, which increases my skepticism of empiricism. Conversely, rationalism relies solely on the use of logic and deduction in reasoning. Both, Plato and Socrates stressed the value of rationalism through the ability to know and express combinations of elements through mathematics. Large

Underfunding is the greatest Challenge that is faced by the Canadian Criminal Justice System. This paper will discuss the Police Forces aging population and the challenges to replace them when they retire, it will also look at the insufficient quantity of officers needed to investigate all crime. The underfunding of the legal aid program and the effects on the courts and family law will be discussed. Finally the effects of long-term underfunding of the countries prison system and its effects on the most vulnerable inmates will also be measured.

The trial judge convicted Davis on three different counts. The counts were: possession of a weapon with harmful intentions, the assault of a police officer while on

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

The New South Wales (NSW) criminal justice system has been separated into “two tiers of justice”. The two tiers of justice involve the separation of lower and higher courts, where the lower courts are comprised of Local courts and the higher courts are comprised of District and Supreme courts. The local courts role lies mainly in exercising summary jurisdiction whereas more serious indictable offences are dealt with in higher courts. However, there is more than just a jurisdictional divide and there are other aspects that significantly distinguish the lower courts from the higher courts.

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 Canadian criminal justice system collects statistics and data on a variety of topics in respect to both offenders and victims. Some of the data that is collected include information about an offender or victim's age, race, and marital status. Whether or not data should be collected and what kind of data that is being collected has been a topic of controversy. Canada has no official policy regarding the use of racial profiling, but that does not mean that it is not prevalent in our society. It is known that making information about the race of an offender public potentially leads to racial profiling by the public; however the collection of data is important for other areas of the criminal justice system. Collecting data for use in the criminal

We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution The 4th of November 2014 is a day that will be remembered as the most notorious day in the history of the Canadian Justice System. On November 4th 2014, the most controversial prostitution bill “Protection of Community and Endangered Persons Act”, also known as C-36 was passed in the Supreme Court of Canada. According to this law, the ‘sale of sex’ has to be regarded as a legal act. However, the law did not include several other aspects of the prostitution trade. The sale of sexual services between the prostitutes and pimps is still to be categorized as an illegal act. The new law passed by Canada’s legislation is inspired by the “Nordic Model” of prostitution that was initially adopted in 1999 by Sweden. The Nordic Model of Prostitution states that prostitution is not prohibited, but paying for sex is. This model aspires to remove the deep-rooted problem of prostitution from the system, without actually subjecting and targeting the prostitutes, who are themselves often the victims of sex-trafficking. This Paper will argue that despite the fact that C-36 was a smart move taken by the government of Canada in response to SCC’s Criticism, this law might not be the most appropriate approach towards eliminating sex trade off the streets.

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The

This journal focuses on the aims of criminal justice system in delivering quality service to the community through public safety enhancement. The author has highlighte some of the measures and steps the system has taken to ensure it achieves its objectives and interaction with various parties. These parties include; victims, witnesses, the accused and criminal justice professionals.