Trinity Western University Case Summary

v. Gladue, came the Supreme Court decision that restorative justice is extremely crucial to the justice system in Canada, and that s. 718.2(e) of the Criminal Code applies to Gladue even though she lives off-reserve, because the larger problem present is the disproportionate number of Aboriginals in jail. However, they also say that restorative justice isn’t the only thing that needs to be considered when sentencing aboriginals, and that some crimes are serious enough to deserve traditional punishment and sentencing. In addition, the Supreme Court Judges say that allowing a new trial solely on the basis of her aboriginal status would not be in the public

“Canada seems to believe that the melting pot approach is one of the better solutions to fit their legal system. “From a cultural perspective, the Canadian legal system takes the `melting pot' approach, which is to say that culturally unique methods of dispute resolu- tion are not accepted by our legal system. Instead, our legal system imposes its values on

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

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

Currently, the movement for reform has primarily been centered on broader legal issues experience by everyday Canadians, not just litigants. More so, those reform efforts have been centered on the justice system approaching to access issues from the perspective of individuals experiencing them. According to (citation) historically, access to justice movements focused primarily on the formal judicial systems (courts, lawyers, tribunals and judges) and the process involve in all of those systems (citation). While the formal system is central to the adjudication of justice, it is also important to consider those using the system.

I have proposed in these first paragraphs that there are problems with having judges at the head of the legal and moral trajectory of our nation, but surely I am not the first to propose such a thing. The Canadian Charter of Rights and Freedoms addresses this issue by having the threat of a legislature disregarding the Supreme Court. Sections 1 and 33 give parliament just such authority. At the beginning of this essay I made the statement that putting our rights under reasonable limits

Author bio: XYZ is associated with a law firm. He daily posts articles related to the need for Ottawa criminal lawyer and its advantages in the contemporary

The Criminal Justice System [in Canada] aims to “deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent” (Garside, 2008), however, this definition curated by the Centre for Crime and Justice Studies is inherently vague and does not encompass numerous vital aspects associated with the criminal justice system. A key component in the institutional structure of the criminal justice system is the involvement and integration of the government. In Canada, the government openly plays an integral role in the formations of policies, regulations, and procedures within the justice system, however, policies, regulations and procedures that are not directly linked to the criminal

Given, the misconceptions regarding the Canadian judiciary by both critics and the public alike, the purpose of this research is to investigate the functions, and criticisms surrounding the Canadian judiciary. The result of this investigation will provide a clear and informative argument that, Canada’s judiciary did not seize

History of law offers us an understanding how the law evolves and change with time and place. When we try to interpret the various roots of Canadian law, different questions arise-Why the laws illegal in the past are legal now? Can we understand the past and the current law based on the traditional roots of law, such as a statute, case law, custom, and books of authority? Alternatively, there is something else one has to look into to interpret the roots of Canadian law adequately. What can we imagine about the future laws in Canada? Will it be the same as we face it today or will switch with time? Does a careful examination of the social, political, economic sources of Canadian law help us understand the current and the past, most specifically,

A Serious Case Review (SCR) is held when an at risk adult dies and neglect or abuse is suspected to be a factor in their death. The aim of an SCR is for all agencies and people involved to learn lessons about how they safeguard adults at risk and prevent such tragedies occurring in the future.

The Canadian Court systems have been in place for hundreds of years, and have been the places where citizens go to seek justice and safety. Just for a second, imagine that these courts were easy to get to and navigate, and that citizens would feel as if their entire arguments surrounding the law were being used to solve disputes. In any society, there will be some form of law, whether it be simple or complex, and the systems used in the Western World have some fundamental issues and there could certainly be additions for other forms of dispute regulations. The Canadian Legal system has been extremely beneficial for many years since it’s commencement, but Nils Christie’s major criticisms of the Western Legal Systems should be taken into account and fixed to create a more useful system for all Canadian citizens. Christie argues that courts are outside of the public centres so therefore are not accessible to the public, and that once there, the courts are also extremely difficult to navigate and not friendly to those who do not have a profession in law or government. He also argues that people that have disputes have to hire lawyers because without a lawyer, a judge would not regard them highly, and this alternative person uses the legal system to remove a victim from their own conflict. In addition, when a case is brought to courts, the state takes it over and the problem is taken away from the victim, making the crime one that was done against the state. Court systems should

Since the Constitution Act of 1982, the Supreme Court has gained the power to be the final court of appeal for Canada and use the Canadian Charter of Rights and Freedoms as a way to interpret human rights in a new codified form. This new found capability, to rule whether or not a law was constitutional, puts much importance into a sole branch of government that remains unelected. For this reason, among many, the Supreme Court of Canada much show their transparency within their process or else risk accusations of judicial corruption (Gall, Makin, & Rémillard, n.d.). In other words, the Court must remain accountable to the people as is the rule of law to uphold the understanding of Canada as a Liberal democracy (Malcolmson, Bateman, Myers & Baier, 2016, p. 10).

The government saw the tribunal's decision as a vital first step in achieving substantive equality for First Nations children. Unfortunately, the tribunal has since issued several non-compliance orders against your government. Three of these orders came after the tribunal considered the additional investments made for child and family services in Budget 2016. In June, your government elected to seek judicial review of one such order by the tribunal, a choice which I cannot understand or support. Your government has spent hundreds of thousands of dollars on litigation to resist full implementation of the tribunal's decisions – a move that is incompatible with your pledged support for a new partnership with First Nations, and all Indigenous people in Canada and their

Northwest Medical Center follows Health Insurance Portability and Accountability Act(HIPAA) Privacy rule and a federal privacy law which provides all the guidelines for protecting the privacy of individual health information. It is mandatory for all the staff of the company to follow these protocols and enforce the use of best practices which will be provided to them as a training to keep them updated. We make sure that we provide the staff with regular training to keep them updated with the latest security measures. It is very important to refresh the staff with the guidelines because over the time they get to be very lenient in following the protocol which will result in the violation of the policy. Few of the top violations are that,