Justice

1. Justice Applying laws People seeking justice are looking for the justice system to ensure those who do something wrong are punished for it

2. Justice System The institutions and procedures for applying laws in a society In a democratic society, the justice system runs on the premise that everyone is innocent until proven guilty

3. Fair and Equitable Meaning that a system is governed by rules that apply to everyone, taking into account individual needs and circumstances Fair does not necessarily mean equal

4. Civil Law Cases between two individual parties where the matter does not involve someone breaking the law Plaintiff: person who accuses the other side of wrongdoing and starts the case (example: the person who files for divorce) Defendant: person who is being accused of wrongdoing (example: the other spouse) Examples: Divorce Suing someone because you slipped on the sidewalk they didn’t shovel

5. Criminal Law Cases that involve someone breaking the law, according to the Criminal Code of Canada Examples: Murder Theft

6. Categories of ChargeableOffences Summary Indictable Hybrid

7. Summary Offence Crimes that are punishable with a fine up to $5,000, 6 months in jail, or both Fingerprints are not taken Those convicted of summary offences are eligible to have their record pardoned after three years Examples of summary offences: Causing a Disturbance Harassing Phonecalls

8. Indictable Offence More serious crimes that in most cases can be tried by a jury Those convicted of indictable offences are eligible to have their record pardoned after five years Examples of indictable offenses: Robbery Break and Enter Theft over $5,000

9. Hybrid Offence Crimes that could be tried as either summary or indictable The Crown decides which way they will try the case; hybrid offences are considered indictable until the Crown makes its decision Examples of hybrid offences: Impaired Driving Assault Theft under $5,000

10. Crown Prosecutor The prosecuting lawyer in cases where offences under the Criminal Code of Canada have occurred (i.e. they would not serve in a civil case) Often referred to as “the Crown” Works with the police to determine what charges will be laid in criminal cases, if any

11. Justice System Cast of Characters Crown Prosecutor Accused Victim Counsel Defense Counsel Justice of the Peace Judge Jury

12. Accused The person charged with a crime This person is innocent until proven guilty Once a case goes to court, this person becomes known as the defendant

13. Victim The person or persons against whom a crime has been committed

14. Defense Counsel The lawyer or attorney who represents the accused in criminal or civil cases If the charges are criminal and the accused cannot afford an attorney, the government will pay for a lawyer for the accused People can choose to represent themselves

15. Counsel The term used to describe all lawyers in a particular case In a civil case, this means attorneys for both the plaintiff and the defendant In a criminal case, this means defense counsel and the Crown Prosecutor

16. Justice of the Peace Appointed by the Lieutenant Governor or Commissioner of a province or territory to act in the place of a judge in some matters Duties could include: • receiving information • issuing court summons and warrants • conducting mediations • presiding in docket court • conducting judicial interim release hearings • dealing with preliminary applications of various kinds • Marrying people June 19, 1916 – Canada became the first country in the British Commonwealth to appoint a female magistrate, Emily Murphy

17. Judge A person with a legal background who is appointed by the government to preside (rule) over criminal and civil cases brought before the courts Judges determine what evidence can be used and what is allowed to be said in the courtroom They ensure there is order in the courtroom during the proceedings and will remove people if they disrupt what is happening The judge gives the final ruling in civil cases, meaning they decide who wins The judge also gives the final ruling in summary cases, meaning they determine if the accused is innocent or guilty All sentences are given out by the judge

18. Jury A group of 12 randomly selected people who determine the innocence or guilt of someone accused of indictable offences, if the accused chooses a jury trial Most Canadian citizens over the age of 18 can serve (exceptions may apply if you have a criminal record) Jury duty is a responsibility of Canadian citizens, which balances the right people have to be tried fairly: you can’t have one without the other If you are called for jury duty, you must appear at the courthouse on time Employers must give you time off for jury duty, but they do not have to pay you People can be excused from jury duty if they can prove they have a just cause for not serving (example: if it will cause them undue hardship, if they know the accused, etc).

19. Questions to This Point • Explain the differences between civil and criminal law. (4) • Explain the differences between indictable and summary offences (4) • Discuss the role of the jury and why it is important. (5) • Explain the similarities and differences between a judge and a justice of the peace. (6)

20. Appearance Notice A form issued by a police officer outlining the date, time and location of the court where the accused must appear OR giving a designated police station and a set date and time for fingerprinting and photographing This may be issued on the spot without going to the police station or appearing in front of a justice of the peace

21. First Appearance First time the accused appears before a judge after being charged with an offence The accused will enter their plea at this time The judge will determine whether the accused should be released on bail, or be detained in jail awaiting trial

22. Plea The answer to the charges made in court The plea is either “not guilty” or “guilty” People who plead guilty will proceed to sentencing without undergoing a trial

23. Bail Money given to the court to guarantee that an accused will appear in court as directed, and abide by any conditions ordered by the court Money will be returned once the court case is completed and the accused has followed all of the conditions

24. Trial The process by which the court formally examines all of the evidence to decide if the accused is guilty or not guilty of the charges laid Because in Canada those accused of crimes are innocent until proven guilty, the burden of proof rests with the Crown: they must prove that the accused is guilty, the accused does not have to prove their innocence

25. The Judge or Jury Chooses to … Convictif they believe the accused is guilty of the charges; the accused is now referred to as “guilty” and must appear before the judge for sentencing Acquit if they believe the accused is not guilty of the charges; the accused is now free to go

26. At Any Point in the Trial, Charges May Be … DISMISSED, meaning the judge stops the trial and the case will not proceed. The case cannot be opened or started again if the case is dismissed STAYED, meaning the judge temporarily or permanently suspends the proceedings. The case can be opened and started again WITHDRAWN,meaning the Crown stops a case from proceeding. The case cannot be re-opened unless there are new charges laid

27. Victim Impact Statement A written or spoken declaration by the victim of an offence detailing how the offence has affected their life This may be taken into consideration by the judge before sentencing

28. Sentence The punishment decided upon by the judge overseeing the case They follow the recommendations for sentences laid out in the Criminal Code of Canada, and by the Supreme Court

29. Appeal The process by which the defence or the Crown can ask a higher court to re-hear the case and correct what is felt to be an incorrect judgement of the original proceedings This means: If the accused is found guilty, they can appeal to the higher court to find them not guilty If the accused is acquitted, the Crown can appeal to the higher court to find the accused guilty

30. Parole Those who do not serve their full sentence may be released on parole for the duration of their sentence (i.e. if the sentence was 5 years but they only served 3 years, they may be on parole for 2 years) The Parole Board of Canada hears the cases of those up for parole and decides if the person should be released from jail on parole or not Parolees must report to their parole officer at specified times, dates and locations Convicts are eligible for parole only after they serve a set amount of their sentence (example: those convicted of first degree murder are only eligible for parole after they serve 15 years). They may have certain restrictions to follow while on parole (examples: no drinking; no possession of weapons; no contact with certain people) If they breach (break) these conditions, they can be charged with breach of parole and may be returned to jail to finish out their sentence Convicts who serve their entire sentence in jail are not paroled upon their release, they are free to go

31. Questions to This Point • Why might people who are guilty of a crime plead “not guilty”? If you committed a crime and were caught, how would you plead? Why? (6) • Give an example of a time a judge may decide to dismiss or stay charges. (2) • Why are victim impact statements important? (3) • Do you think it’s better to release someone before their sentence is over and place them on parole, or have them serve their entire sentence in jail? Explain. (5)

32. Adults v. Youth Canada has different legislation for youth (12-17 year olds) who break the law and adults who break the law Adults who commit crimes are dealt with under the Criminal Code of Canada Youth who commit crimes are dealt with under the Youth Criminal Justice Act (YCJA)

33. Youth Criminal Justice Act (YCJA) The Act passed by Parliament in 2003 to address youth justice in Canada Replaced the Young Offenders Act Deals with youth aged 12-17

34. Objectives of the YCJA The following principles apply in the Youth Criminal Justice Act: a) the youth criminal justice system is intended to: i) prevent crime by addressing the circumstances underlying a young person’s offending behaviour, ii) rehabilitate young persons who commit offences and reintegrate them into society, and iii) ensure that a young person is subject to meaningful consequences for his or her offence in order to promote the long-term protection of society. b) the criminal justice system for young persons must be separate from that of adults and [recognize] … their reduced level of maturity

35. Criminal Code v. YCJA Criminal Code YCJA Deals with 12-17 year olds in trouble with the law Allows some young offenders to face consequences such as counselling and community service Prohibits adult sentences for youths 12-14 Allows adult sentences for youth over 14 who have committed indictable offences No publication of offenders’ names unless they are sentenced as an adult Allows most young offenders to avoid a permanent criminal record • Deals with adults in trouble with the law • Makes going to jailthe usual consequence for breaking the law • Defines adult sentences, which can include long periods of imprisonment for some crimes • Allows for publication of offenders’ names • Creates a criminal record for most offenders

36. Consequences for Youth Youth do not face the same consequences as adults in most cases This is because they do not understand their actions in the same way adults do, mainly because their brains are not as developed There is also a better chance for a young person to learn from their mistakes and change their life around than for an adult to do the same

37. Factors Affecting Consequences • The seriousness of the crime (violent is more serious than non-violent) • The history of the youth in question (first offence is different than repeat offence) • The attitude of the youth in question (taking responsibility means less consequences than if they didn’t take responsibility) • The circumstances of the youth in question (support may be needed more than consequences are)

38. Options for Consequences Under the YCJA Community Service Conditional Supervision Jail Rehabilitation Reintegration

39. Conditional Supervision Allows the youth to serve the supervision portion of their sentence in the community under conditions set by the court This may mean they are under a curfew, or are not allowed to leave their homes

40. Community Service Youth may be required to perform tasks in the community to make up for what they did Example: Clean up trash on the side of the road Assist in nursing homes or the hospital

41. Rehabilitation Treatment and programs to assist a youth change the aspects of their behaviour that resulted in the criminal activity Examples: Going to a treatment centre Attending anger management classes Taking part in AA meetings

42. Reintegration Programs and activities that restore a youth to be a law abiding citizen of society Examples: Ensuring the youth is enrolled in school Getting them involved in a community or youth group or club

43. Questions to This Point: • Are the reasons given for not treating youth the same as adults in the justice system good ones? Discuss. (5) • If you were a judge, which of the factors affecting sentencing would you be most likely to ignore? To use the most? Explain. (10) • Which of the types of youth sentencing do you think is most effective? Least effective? Explain. (10) • Do you think the YCJA prevents crime by youth? Discuss. (5)