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.
The main incentive behind this ruling by Canada’s Supreme Court was to protect
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
Many Canadian citizens would argue that The Canadian Independent Justice System is a threat to democracy. An independant Justice system is when the courts do not depend or rely on the government. They operate on their own and are independent from any government organizations. The Canadian independent Justice System is beneficial and good for democracy because the Judges can not be intimidated by the threat of losing their job, the court system allows appeals, and judges must abide to The Canadian Charter of Rights. The Canadian Independent Justice System is not a threat to democracy.
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.
Sex trafficking is essentially systemic rape for profit. Force, fraud and coercion are used to control the victim’s behavior which may secure the appearance of consent to please the buyer (or john). Behind every transaction is violence or the threat of violence (Axtell par. 4). Just a decade ago, only a third of the countries studied by the United Nations Office on Drugs and Crime had legislation against human trafficking. (Darker Side, par.1) Women, children, and even men are taken from their homes, and off of the streets and are brought into a life that is almost impossible to get out of. This life is not one of choice, it is in most times by force. UNODC estimates that the total international human trafficking is a
Canada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.
Canada is a nation renown as a liberal-leaning, forward nation; promoting the advancement of women in all parts of the world. However, it is a nation guilty of punishing women for the circumstances in which they find themselves with laws showing an antiquated view on the issue of prostitution—one that prosecutes sex workers instead of those who take advantage of women’s situations and buy sexual services. BY examining the origins of current-day laws concerning prostitution in Canada and looking at European legislation as well as its successes and failures made it is possible to find a middle ground that will suit Canada should it ever decide to change its laws concerning prostitution.
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
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.
As part of McGill’s Community Engagement Day, I went on a walking tour of Montréal’s historical Red Light District presented by Karen Herland, professor and specialist in the history of prostitution. Her historical analysis (personal communication, October 2, 2015) of the neighbourhood gave great insights on morality and legislation issues regarding sex work, specifically about the relationship between authorities and prostitution as well as some of the impacts that these laws and other attitudes that regulate sex work have on women. Her astute reports lead us to the following proposition: the dynamics between authorities and sex work indicates that under the guise of “morality”, the laws in place and their application did not actually oppose sex work, they rather worked to limit women’s emancipation.
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
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
In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who
Canada is seen as a renowned country that is liberal-leaning and an evolving nation, that promotes the progression and development of women all over the world. However, this is not the case under every circumstance; because as a government and society they are guilty of punishing those that are involved with prostitution. The laws that are in place (i.e. Bill C-36), show an antiquated view on the ideology/issue of prostitution; which is one that not only prosecutes sex workers but also affects their means of creating a stable income, as well as affecting their personal safety by forcing them to conduct their business in dangerous environments in order to prevent themselves from being charged/arrested. If the Canadian Government were to assess the various countries that have legalized prostitution, and examine the successes and failures presented by those legislations; then they could successfully create a realistic law concerning prostitution that meets a middle ground for both parties. Although prostitution may technically be “legal”, the acts that surround the issue are still considered to be illegal, such as: the advertisement of sexual services, purchasing said sexual services, financially benefit from the money received from said activities, and etc. The legalization of prostitution within Canada is not a newfound issue, and has always been a controversial issue. Therefore, within this essay I will be providing a summary of the “Attorney General of Canada vs. Bedford”
In this paper, I discuss the “Swedish model” which bans the purchasing (but not the selling) of sex and its effect on the people it governs. The general world view seems to be that prostitution propagates male violence against women. The Sex Purchase Act was based on the idea that in an ideal gender-equal society, it is shameful and unacceptable for men to pay for casual sex or even a nice blow-job. The penalties for this “crime” range from petty fines to six months’ in prison. In reality, it is the decriminalization of prostitution that would make conditions for all people in the sex industry happier and safer as well as decrease the occurrence of other crimes involving rape.
One of the world’s oldest professions is still a prevalent topic in Canadian law today (Ruddell 2017, 13-14). Prostitution and sex work have been topics of debate in society for decades. By definition, prostitution and sex work involve the exchange of sexual activity for some form of payment, most often money. In December 2013, the Supreme Court of Canada decriminalized prostitution, making it legal, in order to reduce the victimization of sex workers (Ruddell 2017, 13-14). Although the act of prostitution is now legal in Canada, many other laws criminalize activities involved in prostitution that are often necessary for the safety of the workers (Ruddell 2017, 13-14). The current laws pertaining prostitution and the sex work industry in Canada further amplify the stigma that those working in related industries are a nuisance to society and do not consider the health, safety, or overall well being of such people. In order to make lasting social change, we must continue to evaluate current laws pertaining prostitution. By examining the implications of public opinion and views on prostitution, we can create a better idea of how to move forward with new legislation. Obtaining a better understanding on the effects our current laws have on the sex workers and their industries will allow us to make more efficient and meaningful change. In order to make lasting social change, we must defeat the stigma surrounding sex work, better understand public opinion and knowledge, and begin