Legal systems of a country consist of written, or unwritten constitution, primary legislation enacted by a legislative body established by the constitution. And subsidiary bylaws made by a person or bodies given authority by the legislation to do so, customs used by courts by civil, traditional practices, or any other code of law.
Criminal Procedure
Differences between U.S Legal System and Canadian Legal Systems While both, Canada and the U.S initially used English common law system, their justice systems are very different. The Canadian court system is composed of many courts which differ in levels of legal power separated by jurisdiction. Some courts are provincial while others are federal. Canadian judicial system is a four-level hierarchy
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This will be the judgment against interference of the cases which are before the court. The information leaked to the public by the media could be a vital information that would endanger jury or may not limit the fair judgment.
Media “shield” Law Democracy is an essential feature which allows free exchange of information. In Canada, there exists a freedom of the press which was adopted from the unwritten British Constitution. The Canadian Charter of Rights and Freedoms gives a constitutional freedom to the media as well as any other media of communication. This is a fundamental freedom to the press. Though the freedom in Canada is considered as the “freedom governed by law,” these freedoms outlined in the charter are always subject to reasonable limits prescribed by the law justified in a free, democratic society (Riechel, 2002).
There are some limits to media that are applicable. Some restrictions are directed to all media, while other limits are just directed to individuals that communicate on their own and others to particular
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Several Canadian reporters have gone to jail for refusing to identify sources of their information. In 1969, a CBC reporter John Smith was sent to jailed for refusing to identify a man whom he had interviewed who claimed to have taught the members of the Front de Liberation du Quebec (FLQ) to make and set bombs. In 1914, William McCurdy, a news editor of the Halifax, was briefly jailed for refusing to identify the author of a letter written to the editor alleging political corruption. In some instances, reporters had identified sources when a court ordered it, but judges also have, on several instances refused to make such
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
The Canadian justice system is organized into the police, courts and prisons (Goff, 2013, p.295). When a crime is committed it is up to the justice system to insure that justice is served.
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.
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.
In conclusion, Canada is held strong with the Charter of Rights and Freedoms. As citizens know their rights and freedoms they can help change the shape of Canada by Charter Challenges. Changes move
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
Canada holds the same beliefs about pubic broadcasting as Lowe & Jauert (2005). As a nation that is not only democratic but multicultural and diverse, media influence plays a major role in bringing together and shaping the Canadian society. Howev...
What principles and ideals lie at the heart of a free democratic society? Canadians take pride in their country’s values of tolerance, inclusion, and respect, and over Canada’s guaranteed freedom of expression, including the right to vote (Thevenard & Orend, 2015). In democratic Canada, “all eligible citizens have the right to participate, either directly or indirectly, in making the decisions that affect them” ("Democracy Defined"). Voting, in essence, ensures all citizens receive an equal opportunity to express their views by selecting and supporting a political party of their choice. Such an approach provides freedom of expression for all eligible citizens, allowing for the political party with the most votes to take over the ruling.
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 observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society. The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
The first amendment grants the freedom of the press, speech, and religion. The first amendment also grants that the media is immune from