Criminal Justice in Canada PDF

CJ John SO 1 CRIMINAL JUSTICE Chapter One IN CANADA Copyright 2013 McGraw‐Hill Ryerson Ltd. 2 2 1 ...

CJ John SO 1 CRIMINAL JUSTICE Chapter One IN CANADA Copyright 2013 McGraw‐Hill Ryerson Ltd. 2 2 1  LEARNING OBJECTIVES By the end of this chapter, you should be able to:  LO1 Explain the function and purpose of the criminal justice system.  LO2 Explain the rule of law and its significance in Canadian law.  LO3 Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.  LO4 Identify the procedural safeguards that exist in the criminal justice system.  LO5 Describe the due process and crime control philosophies of criminal justice.  LO6 Identify the types and categories of laws that exist in Canada.  LO7 Identify the components of the criminal justice system.  LO8 Describe the relationship between the media and the criminal justice system.  LO9 Describe the way in which a criminal case is processed through the criminal justice system. Copyright 2013 McGraw‐Hill Ryerson Ltd. 3 3 INITIAL ASSESSMENT Complete the assessment… www.surveymonkey.com Copyright 2013 McGraw‐Hill Ryerson Ltd. 4 4 2  THE CRIMINAL JUSTICE SYSTEM What is it’s Function? 1. Prevent & Investigate _Crimes_ 2. Enforce _Laws_ 3. _Prosecute_ criminal cases (Adults/Youths) 4. Provide _correctional_ institutions & _community_ supervision 5. Meet the needs of _victims_ Copyright 2013 McGraw‐Hill Ryerson Ltd. 5 LO1 5 THE CRIMINAL JUSTICE SYSTEM Purpose  Protect society by maintaining the peace, preventing and controlling crime  Adjudicate cases in a fair manner, with a just conclusion  Provide treatment and rehabilitation to encourage offenders to live crime‐free lives Copyright 2013 McGraw‐Hill Ryerson Ltd. 6 LO1 6 3  THE RULE OF LAW The significance of the “Rule of Law” in Canada  The “Rule of Law” describes the fundamental rights and beliefs that form the foundation of a fair and just society. Every dispute will be settled through a process known as “Due Process”  “Due Process” identifies the right of an individual to be treated within the principles of fundamental justice. Every dispute will be settled while one’s rights are respected and protected Copyright 2013 McGraw‐Hill Ryerson Ltd. 7 LO2 7 CURRENT EVENTS? Copyright 2013 McGraw‐Hill Ryerson Ltd. 8 8 4  THE CHARTER TASK: Conduct a search of: “Charter of Rights and Freedom” Copyright 2013 McGraw‐Hill Ryerson Ltd. 9 9 THE CHARTER OF RIGHTS AND FREEDOMS The rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms  Guaranteed fundamental freedoms  Freedom of conscience and religion  Freedom of thought, belief, opinion and expression  Freedom of peaceful assembly  Freedom of association Copyright 2013 McGraw‐Hill Ryerson Ltd. 10 LO3 10 5  THE CHARTER OF RIGHTS AND FREEDOMS The rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms  Guaranteed Rights  Democratic rights  Mobility rights  Legal rights  Equality Rights  Language Rights Copyright 2013 McGraw‐Hill Ryerson Ltd. 11 LO3 11 THE CHARTER OF RIGHTS AND FREEDOMS “The Charter” is part I of the Constitution Act, 1982 It is the “supreme” law of Canada, every other law in Canada must be consistent with it Copyright 2013 McGraw‐Hill Ryerson Ltd. 12 LO3 12 6  THE CHARTER OF RIGHTS AND FREEDOMS Section I identifies that not all rights and freedoms are absolute  The “notwithstanding clause’  Federal and provincial governments have the ability to override specific Charter rights in certain situations  Ensures that at trial, the burden of proof rests with the Crown Copyright 2013 McGraw‐Hill Ryerson Ltd. 13 LO3 13 VIDEO START Copyright 2013 McGraw‐Hill Ryerson Ltd. 14 14 7  IN‐CLASS CASE STUDY  Refer to blackboard Copyright 2013 McGraw‐Hill Ryerson Ltd. 15 15 QUESTION 1 The government was justified in that it was trying to save the life of the child under section 1 of the Charter. But it did violate the parent’s rights to their religious faith as set out by section 2 of the Charter. This poses a lot of problems in the law because it is not just black and white. Some aspects of the Charter contradict one another and do go against some aspects of the Criminal Code as well. Copyright 2013 McGraw‐Hill Ryerson Ltd. 16 16 8  QUESTION 2 It should be limitless to the point that it does not infringe on other peoples’ freedom to live under our constitution. Reference section 1 and 2(a) of the Charter of Rights and freedom Copyright 2013 McGraw‐Hill Ryerson Ltd. 17 17 QUESTION 3 Yes, they should be able to restrict individuals’ rights for the collective whole and for the life of others who may be at risk. We cannot put one person’s rights before another’s. Can reference section 7 of the Charter Copyright 2013 McGraw‐Hill Ryerson Ltd. 18 18 9  THE CRIMINAL JUSTICE SYSTEM: PROCEDURAL SAFEGUARDS Procedural Safeguards  To ensure that the accused person is treated fairly throughout the criminal justice process, procedural safeguards include;  The right to be notified of the reason for arrest  The right to remain silent  The right to consult with a lawyer  The burden of proof rests with the Crown  The accused is presumed innocent until proven guilty beyond a reasonable doubt Copyright 2013 McGraw‐Hill Ryerson Ltd. 19 LO4 19 PHILOSOPHIES OF CRIMINAL JUSTICE Due Process  Focuses on ensuring that the proceedings of the justice process are fair  It does not focus on factual guilt (whether or not the accused actually did commit the crime), instead it focuses on legal guilt Copyright 2013 McGraw‐Hill Ryerson Ltd. 20 LO5 20 10  PHILOSOPHIES OF CRIMINAL JUSTICE Crime Control  The crime control model focuses on protecting the public through the capture, prosecution, and conviction of offenders. The belief is that if a person is arrested for a crime, he or she is likely guilty of the crime  This model also relies on the principle of deterrence ‐ the expectation that if society sees offenders being successfully prosecuted and convicted it will deter others from offending Copyright 2013 McGraw‐Hill Ryerson Ltd. 21 LO5 21 PHILOSOPHIES OF CRIMINAL JUSTICE There is a need to ensure that due process is respected. There is also a need to ensure that our society is protected from criminals who threaten public safety. Our Canadian Justice system currently balances elements of both the due process and crime control models, to ensure we have a criminal justice system that is both fair and effective Copyright 2013 McGraw‐Hill Ryerson Ltd. 22 LO5 22 11  LAWS IN CANADA Types Two Main Categories of Law: Common Law and Statute Law  Common Law  Not created by parliament but by previous court decisions called judicial “precedent”  Precedent is also called “stare decisis”, which means “to stand by what has been decided” Copyright 2013 McGraw‐Hill Ryerson Ltd. 23 LO6 23 LAWS IN CANADA Types Two Main Categories of Law: Common Law and Statute Law  Statute Law  A written piece of legislation created through the parliamentary process  Federal law is created in Ottawa, while each province or territory creates its own legislation Copyright 2013 McGraw‐Hill Ryerson Ltd. 24 LO6 24 12  LAWS IN CANADA Types Second Categorization of Law is Private Law and Public Law  Private law  Resolves disputes between two private parties (individuals or corporations)  For example, contract law, family law, estate law Copyright 2013 McGraw‐Hill Ryerson Ltd. 25 LO6 25 LAWS IN CANADA Types Second Categorization of Law is Private and Public Law  Public Law  In matters of public law, a prosecutor represents the state  Four types:  Criminal  Constitutional  Administrative  Civil Copyright 2013 McGraw‐Hill Ryerson Ltd. 26 LO6 26 13  VIDEO  About the law… Copyright 2013 McGraw‐Hill Ryerson Ltd. 27 27 THE CRIMINAL JUSTICE SYSTEM Components of the Adversarial System  The police  The court system  The correctional system  Private agencies  The public Copyright 2013 McGraw‐Hill Ryerson Ltd. 28 LO7 28 14  OUTLINE OF CANADA’S COURT SYSTEM Figure 1.1 Copyright 2013 McGraw‐Hill Ryerson Ltd. 29 LO7 29 MEDIA AND THE CRIMINAL JUSTICE SYSTEM The relationship between the media and the criminal justice system  The media play a pivotal role in educating Canadians about the operation of the Criminal Justice System, by doing so they hold the just system accountable for its actions “Where there is no publicity there is no justice. Publicity is the very soul of justice.” Jerem y Bentham Copyright 2013 McGraw‐Hill Ryerson Ltd. 30 LO8 30 15  THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Pre‐trial  Trial  Sentencing  Penalty  Reintegration Copyright 2013 McGraw‐Hill Ryerson Ltd. 31 LO9 31 THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Pre‐trial  A criminal charge is initiated  An offender is charged and given a court date  The police  lay an information  arrest a suspect  issue a summons for a suspect  issue and appearance notice Copyright 2013 McGraw‐Hill Ryerson Ltd. 32 LO9 32 16  THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Trial  The accused enters a plea at first appearance  If a guilty plea is entered, a sentencing date is set  A trial date or preliminary hearing date will be set if a not guilty plea entered  The preliminary hearing determines if there is enough evidence to proceed to trial  The trial determines guilt or innocence of the accused Copyright 2013 McGraw‐Hill Ryerson Ltd. 33 LO9 33 THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Sentencing  May be immediate upon finding of guilt, or at a later date Copyright 2013 McGraw‐Hill Ryerson Ltd. 34 LO9 34 17  THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Penalty phase  The correctional service supervises custodial and community sentences  Penalties include  Federal incarceration (two years or more)  Provincial incarceration (less than two years)  Community supervision (probation, conditional sentence, etc.)  Fine Copyright 2013 McGraw‐Hill Ryerson Ltd. 35 LO9 35 THE CRIMINAL JUSTICE SYSTEM: AN OVERVIEW How a criminal case is processed through the criminal justice system  Reintegration  The offender is released usually under community supervision such as parole or mandatory supervision Copyright 2013 McGraw‐Hill Ryerson Ltd. 36 LO9 36 18  ONLINE QUIZ #1 – 5%  Blackboard  https://learn.humber.ca Copyright 2013 McGraw‐Hill Ryerson Ltd. 37 37 CJ Gina Antonacci 38 19