Canadian Legal System And Rationalism Essay

Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)

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.

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.

Discrimination towards ethnic minority continues to find its way in our country. Unfortunately, the subject of racial profiling remains a part of Canada, as officers ignore individual behavior and instead, rely on race in police investigations. According to Katheryn Russell (as cited by Amy Hackney & Jack Glaser, 2013) racial profiling is defined as “The use of race or ethnicity by law enforcement officials as a basis for judgement of criminal suspicion” (Russell, 1998). Racial profiling within our country can be exposed through Canadian history, surveys and interviews from those treated unjustly. All of which stakeholders attempt to remedy for the victimization of the innocent.

There has been a significant body of literature which has attested to the veracity of the argument that black Canadians are victimized via racial profiling. For example, the Commission of Systemic Racism in the Ontario Criminal Justice System found that the majority of black respondents surveyed had been treated unfairly by the Canadian criminal justice system (Wortley and Owusu-Bempah, 2011, p.133-134). Furthermore, Canadian research studies have consistently revealed that blacks are more likely to come into negative police contact compared to Caucasians (Wortley and Owusu-Bempah, 2011, p. 135). Alarmingly, suspected black offenders are also more likely to be shot and experience use of force by Canadian law enforcement personnel than their white counterparts (Wortley and Owusu-Bempah, 2011, p. 138).



 Not Criminally Responsible on account of Mental Disorder (NCRMD) is a legal defence by excuse mostly used in countries such as Australia and Canada. It is well stipulated in criminal laws of such countries where a defendant may argue that they should not be held criminally responsible for breaking the law on the grounds that they are were mentally ill at the time when they committed the criminal offence (Penney, 2013). The issue of NCRMD may only arise on the following occasions (1) the accused committed the act or omission that formed the basis of the offence without motivation or intent and (2) at the time of the act or omission, the accused suffered from a mental disorder which made him/her incapable of fully being aware of the the nature, character and consequences of the act.

Previous studies of the realities faced by the systematically disadvantaged Aboriginal peoples of Canada have emphasized the crippling impact of non- Aboriginal ignorance of these facts, making addressing these conditions of life for Aboriginals impossible (Schaefli 2012, p. 1) and easily maintained through colonialization. As discussed in this course, colonialization and systematic discrimination against Aboriginal peoples has resulted in their overrepresentation in Canadian incarceration institutions (Comack, 2014, pp. 116-142). To expand on this concept, it is my intention to argue that the Canadian Legal system has historically, and continues to, internally and sexually colonized Aboriginal peoples in Canada, suppressing their livelihood, cultures and communities. The political and legislative approaches of Canada’s provincial and federal government are the root of Aboriginal peoples’ historically subordinate political and socio-economic position within Canadian society. In the following essay, I will argue this claim by drawing on the history of containment, displacement, and assimilation of Aboriginal peoples in Eastern dominating Canadian society. I will also discuss and analyze the devastating situations of Aboriginal women, which emerged with the sexual colonialization of Aboriginal peoples sanctioned by the Canadian government and justice system. I will do this by providing historical and statistical evidence from scholarly sources regarding the impacts of

Pierre Trudeau has had an impact on the Canadian legal system and society by bringing more of an attraction to lower status groups, having an influence on others, and changing laws in Canada. Many Canadians believe Trudeau did not have a positive effect on Canada but as the minister of justice and the prime minister of Canada, he has succeeded in his attempt of making Canada a safer and established country for all. Under the social welfare measures in 1968, Trudeau made the Divorce Act a federal law which previously was a provincial jurisdiction. Pierre Trudeau’s first move as prime minister was giving French and English equal status in Canada and making them the languages of parliament for debates and records. After failing at many attempts

Before Manitoba became a province in 1870, carrying out justice was by the Council of the Hudson’s Bay Company and the Governor. The Governor and the Council of Assiniboia met regularly as the Quarterly General Courts by 1835. In those days, in what was then known as the Red River Settlement, it was separated into four separate judicial districts and a gaol (Court House and jail) was built in Lower Fort Garry. Matters involving debts and minor criminal offenses were heard in a quarterly court headed by an appointed justice of the peace or magistrate in each district. The Quarterly General Court of the Governor and Council heard appeals from magistrates, more serious criminal cases, and cases that involve debts of over two pounds. In 1837, the districts were redrawn and then there were three judicial districts: the Lower, Middle, and Upper. The Quarterly General Court was sometimes referred to as “The Supreme Court”. An act of the General Court was passed in 1864 stating that the proceedings of the Quarterly General Court should be managed by the Laws of England. General Courts heard both criminal and civil cases. Criminal matters

As the government continued to evolve Canada needed a set system of rules that allowed for analyzing of regulations and government principals. It was extremely important that the three branches of government powers were kept separate so that there would be no infringement on the roles of the legislative and judicial branches. Administrative law consists of rules and ideologies which regulate how governmental departments and their agencies establish and oversee laws, set benchmarks in how other government organizations or authorities should and must carry out their roles and establishes the powers of higher courts and how they control the powers they are given. Most importantly, it deciphers what procedures one must follow and what solutions

While I agree with you that the use of reason is in important in order to best reach the truth, it is difficult to have access to a vast quantity of knowledge without observation or experiencing the external world. This it likely why I have a preference to subscribe to transcendental idealism which in many ways combines the rationalism and empiricism. Transcendental idealism, like rationalism, uses reason and critical evaluation, but transcendental idealism focuses on the observations and puts into account that our experiences may not be accurate accounts of the external

Democratic countries have a legislature or parliament, they have the power to make laws and change old ones. Canada is a federation of several provinces and territories with a central government. Therefore it has both a federal parliament in Ottawa to make laws for all of Canada and a legislature in each of the ten provinces and three territories that deals with laws in their areas, for example: Ontario. Laws enacted at either level are called statutes, legislation, or acts. Laws are designed to protect peoples personal freedom and to keep everyone safe. The law making process in Canada is very complicated, it was designed that way on purpose. Canada's legal system depends on a mix of common law and civil law. The common law is the law that

Ancient philosopher started to create their own theories to answer questions, such as the meaning of life. In order to answer them, they first had to study the acquisition of the knowledge itself known as epistemology. Epistemology is the study of knowledge and is divided into two believes rationalism and empiricism. Rationalism consists of innate ideas and is learn by reason, also known as the priori knowledge. Philosophers like Plato and Descartes used this belief as their justification of their knowledge. Plato by stating that the innate ideas are forms; "Perfect, unchanging, ideal forms lend order and understanding to physical reality" (Stevenson 15). And Descartes believing that the innate ideas are based perfection "spiritual reality, including God and the mind"(Stevenson 15). On the other hand, Empiricism is created by experiences and sense, best known as posterior knowledge. Some philosophers that stand by this believe where Hume and Locke. Hume's theory was a focus on human nature and analyzing the scientific reasoning and its limitations. As for Locke, he argued the innate ideas and included a political perspective on natural