Course Review: The Federal System and the YCJA

1. Course Review: The Federal System and the YCJA Social Studies 9

2. Unit 1: Outline • Unit 1 focuses on the structure of the Canadian federal government. This includes: • The separation and division of powers within government • The roles and responsibilities of each branch • Systems of election and representation • The role of citizens and the public in government

3. Federal Structure • Executive Branch • Prime Minister, Cabinet, Civil service • Responsible for proposing most laws, setting an annual federal budget, day-to-day operations of gov’t • Legislative Branch • Parliament (House of Commons, Senate) • Responsible for deliberating and making laws. Made up of representatives from each region of the country • For an outline of the stages a proposed bill must pass through to become law, familiarize yourself with the flowchart on p. 40-41 of your text • Judicial Branch • Courts (Supreme and Provincial) • Responsible for interpreting and applying laws, determining legality of new bills

4. Electoral Systems • Federal elections create either minority or majority governments. • A minority government occurs when the party that receives the most seats in the House of Commons receives less than half of the available seats. To stay viable in government, that party will need to cooperate with another party to form a coalition government. • A majority government occurs when the party that receives the most seats in the House of Commons receives exactly or more than half of the available seats. A majority government is more secure and extremely unlikely to lose a vote of confidence, and tends to be able to pass bills and budgets without much opposition

5. Electoral Systems • Representation by population • Canada uses a “rep by pop” system—meaning that the population is divided into ridings, and each riding elects its own representative to Parliament. The party that forms government is the one that wins the most seats. The leader of that party becomes the Prime Minister. • Appointment • Members of the Senate are not elected officials, they are rather appointed to (or removed from) the Senate by the Prime Minister

6. Role of Citizens • The Media • In a democratic state, the media is free to operate without government control or censorship (but is still subject to law). In this way, the media helps to keep the government accountable to the public by reporting on government proceedings, actions and laws to keep the public informed. • Lobby groups • Organizations that represent certain interests (environmental concerns, health and safety, industry and business) often exert financial, public, and political pressure on MPs to have their agenda affect governmental policy • How could this have positive or negative impacts?

7. Unit 1 Vocabulary • Accountable • Bias • Constituent/constituency • Executive branch • Govern/governance/government • Legislative branch • Popular vote • Judicial branch

8. Unit 2: Outline • Unit 2 focuses on the justice system in Canada, and in particular on the way it responds to youth crime. The unit has two main focuses: • The structure of the Youth Criminal Justice Act • The impact of the Youth Criminal Justice Act • The role of citizens in the justice system

9. The YCJA: Outline • In Canada, there are separate systems that deal with youth and adult crime: • The YCJA guides the administration of justice in cases of youth (aged 12-17) who break laws • The Criminal Code of Canada guides the administration of justice in cases of adults (or young people over the age of 14) who break laws • For several important differences between these two systems, familiarize yourself with the chart on p. 64 of your text.

10. The YCJA: Outline • The steps that follow from a young person’s violation of a law are unique from the adult process • Allows a great deal of discretion to police officers, lawyers, judges, and other figures/groups in the justice system • An individual’s experience in the justice system will depend on: • the severity of their crime • their attitude toward and cooperation with the figures/groups in the justice system • prior behavior/criminal activity

11. The YCJA: Outline • The YCJA has several objectives that make it different from previous Canadian youth justice systems: • To prevent crime by addressing the underlying situations that lead to youth committing crimes • To rehabilitate and reintegrate youth who have committed crimes into society • To apply meaningful and appropriate consequences to youths • To develop a system separate from the adult system that accounts for youth’s decreased level of maturity

12. The YCJA: Impact • Government • A variety of figures in government have different perspectives on the viability of the YCJA. Some feel that it is too harsh, while others feel that it is a much more appropriate system than prior legislation (the YOA, Juvenile Delinquents Act, etc) • Public • Ordinary citizens also hold different perspectives on the YCJA—some applaud the alternate opportunities for sentencing and consequences, while others feel that youth who commit crimes need harsher, more traditional sentences and consequences

13. The YCJA: Impact • Opportunities • Reduces the number of youth formally charged with offences and that receive criminal records • Allows for alternative sentences and consequences that directly(?) address the problems created by youth offences • Allows youth to avoid charges, detention facilities, and/or criminal records (in some cases) • Allows for serious, repeat offenders to be tried as adults in some situations • Accounts for circumstances and background in determining consequences • Encourages citizens and groups to participate in the system • Drawbacks • Are “alternative” consequences appropriate and meaningful enough for some crimes? • What should the goal of justice be? • Should youth be subject to a different justice system than adults?

14. The YCJA: Citizens • Everyday, ordinary citizens can get involved in youth justice proceedings in a variety of ways • Jury duty—responsibility of citizens in a democratic nation • Advocacy groups—opportunity to volunteer and speak/mentor on behalf of troubled youth • Elders—take an active role in sentencing and leadership of Justice Circles—of both FNMI and non-aboriginal offenders • Justice Circles—opportunity for ordinary citizens to get involved in traditional aboriginal sentencing processes

15. Unit 2 Vocabulary • Community service • Criminal record • Fair and equitable • Justice • Justice system • Legislation • Rehabilitate • Reintegrate • Sentence • Validity