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Canada's court system essay
Canada's court system essay
Canada's court system essay
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In 1759, the Canadian Court Justice system was brought to Canada by the French. After the battle of Quebec, all of Canada then followed the English common law system except for Quebec 1. Based on my understanding and knowledge of N. Christie’s arguments and the Canadian court system, I believe that Christie’s criticism of modern legal system is fair and it effects our current court system today. In 1977, Nils Christie wrote the essay, “Conflicts as Properties”, in which he discusses the four problems that occur within the western legal system. The four problems that affect the legal system in four ways is that the courts are always located in areas that people may not have easy access to locate, the courthouses are challenging to find your way around, the parties are irrelevant to much of the proceedings and the proceedings makes conflicts between the actual parties involved turn into conflicts between the State and the parties 2. …show more content…
No matter which city you go to, the courthouses are always located in a location where it is hard for people to transport there. Courthouses are placed in places where there are not many residential places and where it is often hard for people to have access to get there. For example, the Ottawa courthouse is located downtown. If you live in the west side of Ottawa and you are traveling to the courthouse by bus, the trip may take about an hour or two to arrive at the location because of the distance. In conclusion, courts are easier to have access to when they are located in smaller cities rather than larger
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
The case of the so-called “Black Donnellys” is indicative of social and community relations during the nineteenth century in Upper Canada. Characterized by frontier agriculture, a growing but weak authority structure, and an influx of emigration, mob justice complemented the legal system nefariously. The arson of the Donnelly's home, as well as James Senior's imprisonment demonstrate the role of these two powers in society. I will argue that Upper Canada during the mid to late nineteenth century reacted to increased crime with both community power, in the form of vigilante justice, and legitimate authority, in the form of the penitentiary system; this uptick in crime coincided with settlement of the land by British emigrants. The factors that surrounded this phenomenon were emigration, land, crime, vigilante power, and legal enforcement, particularly the role of the Kingston Penitentiary.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Jury nullification is the process by which the panel of juries acquit the defendant regardless of evidence provided. Jury are also able to nullify the law if it is applied unjustly, again, regardless of supporting evidence or instructions from the judge. It is clear that there are both, strengths, and weaknesses of this process, which will be discussed in this paper. This paper will champion jury nullification within the Canadian justice system, discuss its pros and cons, as well as propose changes to the process. Ideas of morality, fallibilities of rule of law, and social change will be explored in relation to jury nullification and its effects on the legal system within Canadian
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
In the contentious world of politics the actors at times find themselves at an impasse, unable to move forward between their conflicting visions. In these moments the courts may be asked to mediate between the different levels of government by providing constitutional or legislative advice. These scenarios can become perilous because since the courts must provide insight on issues that are political without stepping outside of its jurisdiction. Regardless of their dangers, however, I would argue that the reference instrument has proven to be a valuable tool in preventing political chaos. In the Patriation Reference and the Quebec Secession Reference the courts ++++---In order to illustrate the importance of reference cases in the Canadian system, despite their shortcomings, I will first look at the history of the advisory mechanism with a view to explain the roll of the courts. I will then look at the constitutional perspectives the courts took in several reference cases, especially the Patriation Reference and the Quebec Cessession Reference. In the next section I will explore the ways in which the courts opinions in these cases impacted Canadian federalism to determine the constitutionality of their advice. Finally I will explore the eventualities of a system without reference cases to demonstrate why they are so important. Attention will also be paid to the reference system of the United States in order to provide a comparative view. I will argue that in reference cases the Supreme Court takes on an important role as a mediator between political actors, however, the Court must act with caution as these are perilous grounds where suggestions can cross into political territory. – Indeed, political actors can abuse the system, >re...
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.
From my point of view, I agree with what Christie says about the modern law. It is important that throughout the process of a conflict, the story from the victim should be heard even when it is not related to the law. The conflict is like the property, where “the conflict itself that represents the most interesting property taken away” (ARTICLE CITATION – PAGE 7). Victims are the people who are involved, the court should hear the story from victim’s point of view, instead of allowing professionals or the state to fully take over and judge from the relativity to a case. According to Christie, professionals are particularly good at stealing conflicts, especially lawyers. They are trained to bring the best arguments for their clients and keep quiet about anything that