Unit 5 Justice Canadas Legal System (1)

Unit 5: Justice in Canada

Understanding Justice

  • Interpretations of Justice

    • Commonly associated with legal systems and fairness.

    • Historical figures linked to justice: Martin Luther King Jr., Gandhi, Nelson Mandela.

    • Locations of significance: The Hague, South Africa, Montgomery, Alabama.

    • Some view the legal system as unjust despite lawful proceedings.

    • Historical and current cases of injustice in Canada.

Timeline of Justice in Canada

  • Key Historical Events

    • 1215: Magna Carta establishes the rule of law.

    • 1664: Custom of Paris legalizes in New France.

    • 1755: Deportation of Acadians from Nova Scotia.

    • 1801: Reserves recommended for the Mi'kmaq.

    • 1875: Establishment of the Supreme Court of Canada.

    • 1876: Introduction of the Indian Act.

    • 1942: Japanese-Canadian internment begins.

    • 1982: Canadian Charter of Rights and Freedoms enacted.

Canada’s Legal System

Donald Marshall Jr.'s Case

  • Incident Overview

    • Mi'kmaw youth wrongfully convicted of murder in 1979.

    • Spent 11 years in prison before acquittal in 1993.

    • Inquiry revealed systemic issues in the treatment of marginalized groups.

Legal Principles and Evolution

  • Concepts of Law

    • Laws as social contracts for order and security.

    • Canada’s legal system is evolving and complex.

  • Questions for Analysis

    • What is the rule of law?

    • How do First Nations principles contribute to Canadian law?

Structure of the Canadian Legal System

The Rule of Law

  • Core Principles

    • All individuals are equal under the law.

    • No one, including authority figures, is above the law.

Court System Hierarchy

  • Supreme Court of Canada: Final court of appeal.

  • Provincial Courts: Handle lesser offenses.

  • Family and Youth Courts: Address family matters and youth issues.

Historical Influences on Law

  • Origins of Law

    • Common law origins from British traditions.

    • Napoleonic Code influences the civil code in Québec.

  • Magna Carta: Introduced habeas corpus and established the rule of law.

Legal Traditions in Canada

Public and Private Law

  • Public Law: Includes administrative, constitutional, and criminal law.

  • Private Law: Civil disputes among individuals.

Basic Principles of Canada’s Legal System

  • Key Principles

    • Presumption of innocence.

    • Right to a fair trial.

    • Equal protection under the law.

    • Protection from self-incrimination.

First Nations Legal Principles

Restorative Justice

  • Sentencing Circles

    • Community-driven consequences aimed at reconciliation.

    • Focus on healing rather than punishment.

    • Example case: Inuit youth received probation and community service.

Challenges for Aboriginal Peoples

  • Disparities

    • Overrepresentation in incarceration rates.

    • Lack of proper legal representation and resources.

Young Offenders Act

  • Background and Purpose

    • Replaces the Juvenile Delinquency Act to better address youth behavior.

    • Focus on rehabilitation rather than punishment.

  • Legal Rights

    • Young offenders retain similar rights to adults with privacy protections.

Controversy and Amendments

  • Public Concerns

    • Perceptions of leniency and inadequate punishment.

    • Amendments raised maximum penalties for serious crimes.