The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
Public confidence is the trust that the public has in the judicial system is vital to the courts to function
…show more content…
In response, the court system for many years has tried to formulate the policies that will address the issue of public confidence. In the Roberts’ article, it is suggested that even though a slight majority of Canadians have trust in the justice system, the citizens seem to have more faith in institutions other than in the courts (159). This difference is mainly because of the perception that the public has on the justice system in regards to its practices (Roberts 164). The public appears dissatisfied with some practices of the court leading to decreased confidence in the system. For instance, most Canadians feel that the justice system failed to reduce crime in the country. Instead, they argue that it is among the primary causes of increased crime rate (Roberts 164). Most citizens claim that allowing a guilty person walk free is worse off when compared to convicting an innocent one (Roberts 171). Boosting public confidence is, thus, critical to improving the criminal judge. Apparently, this can be accomplished as mentioned by Anthony N. Doob in the article, increased engagement of an ordinary citizen in the courts is needed, …show more content…
This raises questions regarding the candidacy of those being appointed to serve in the judiciary because such individuals might support the interests of the sitting government. For instance, they can utilize the abilities bestowed upon them by the Charter to change laws for the purpose of furthering the agenda of the government (Riddell, Hausegger, and Hennigar 69). Also, such appointments suggest that individuals serving in the judicial system might be less qualified than those who miss out on such selection due to their non-partisan stands. This might affect service delivery because competency is a crucial component of serving justice. Similarly, the tendency of some judges appointed in the judicial system of donating funds to political parties will undermine the independence of the courts leading to serving political interests even in matters of significant public concern (Riddell, Hausegger, and Hennigar 55). Consequently, the issue of patronage remains a critical challenge for the next decade. The reason could be that the commissions or committees that are set to address this problem are not detached from political influence. Mr. Hassan, an engineer and former president of the Ontario Advisory Council on Multiculturalism and Citizenship said that“potential candidates from aboriginal or visible-minority communities are deterred
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
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.
One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.
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
The contentious little book titled Women, Power, Politics maintains politics to be devalued, acknowledging the fact that only few people do vote, and women are unable to achieve within the realm of Canadian politics. Sylvia Bashevkin, the author of the book argues that Canadians have a profound unease with women in positions of political authority, what she calls the "women plus power equals discomfort" equation. She evaluates a range of barriers faced by women who enter politics, including the media's biased role of representing the private lives of women in politics, and she wonders why citizens find politics is underrepresented in Canada compared to Belgium. In clear, accessible terms, Bashevkin explains her ideas on how to eliminate “low voters turn-out,” “devaluation of politics,” "gender schemas," and "media framing.” She outlines some compelling solutions to address the stalemate facing women in Canadian politics which are; contesting media portrayals, changing the rule of the game, improving legislative quotas, electoral reform, movement renewals, and so on. This response paper would addresses the reality of a political mainstream, actions which should be taken against the oppressive elements of reality, and the awareness it brings through economic, social, and political environment.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
Roberts, J. (2007). Public Attitudes to Sentencing in Canada: Exploring Recent Findings. Canadian Journal of Criminology and Criminal Justice , 49 (1), 75-107.
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.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. 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.
Canada is a multicultural country that strives high on merit and diversity; therefore, implying both into the judicial system is a little more complicated than we assume. While appointing a federal or Supreme court judge, the main question is do you focus on the merit or diversity aspect. Diversity can offer a variety of different views in the perspective of the case; however, merit can assure us with that the admirable decision will be made off of worthy evidence. Throughout this essay, the different perspectives will be addressed whether merit or diversity is the superior opinion when appointing a federal or supreme court judge. We will explore the meanings behind merit and diversity in the world along with in the federal court system, acknowledging
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.
The Rule of Law appears to be one of the single most important features of Canadian society―perhaps even in all of modern society. The very idea that criminal and civil penalties fall equally across the populace without regard to distinctions such as social class is one that is held highly, with one example being its place as a constitutional amendment in the United States. While this global adoption is a contemporary addition to humanity’s norms, with it beginning in England and spreading through colonialism, Rule of Law has taken to root surprisingly well. It is therefore disheartening that this esteemed cornerstone is subject to such rampant hypocrisy, even in the heart(s) of the so-called ‘Western World’. Despite the Equal Protection Clause
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.