Canada’s Justice System

How do citizens and organizations participate in Canada’s justice system? Citizens can participate in Canada’s justice system by knowing and obeying the law, paying taxes, voting, advocacy, lobbying MP’s, and serving on jury duty.

What are citizens’ legal roles and their responsibilities? The legal obligations of all Canadians are: to pay taxes and obey the law. Paying Taxes – Each person in Canada is required to pay taxes on a variety of items so the government can pay for essential services. For example property tax, the GST, or income tax. Obeying the Law - Citizens have a duty to know the law; a person cannot be excused from committing a crime using the argument that they didn’t know the law. Ignorance is not an excuse. Canadian citizens have the added responsibility to exercise their right to vote in elections. Voting – To vote, a citizen must be registered with Elections Canada. Voter action impacts law-making. Voter apathy: not voting because of a lack of interest.

Advocacy Advocacy is active verbal support for a cause or a position. (to speak out/take action on a person’s behalf) The John Howard Society and Elizabeth Fry Society are volunteer-run organizations (advocacy groups) that are separate from the government and work for the offenders in the justice system (courts) by teaching people about our laws, standing up for their rights, and helping them return to society (rehabilitation). They also call for measures to improve the fairness of the judicial system. Work to eliminate poverty and illiteracy, which often contribute to crime. The Elizabeth Fry society works only with women.

Jury Duty One way individuals participate in the justice system is by serving on Jury Duty. Each person who has been accused of a crime has the right to be judged by their peers. It is the responsibility of a citizen to go to court if they have been called to Jury duty. They evaluate the evidence presented to determine if the accused is guilty or not guilty.

Requirements for jury duty  You must be a Canadian citizen.  You have to be at least 18 years of age.  Registered with Elections Canada.  You can face a fine or jail time for ignoring a summons.

Selection for Jury Duty ► Letter of Summons sent to people from the elections list ► Interviews ◦Must be chosen by both prosecution & defense ► Final 12 people selected ► Jurors are “sequestered,” meaning they are removed from outside contact and cannot be influenced with regards to the case.

cannot (don’t write this) People that cannot be selected for jury duty  Judges  Officers of the court  Members of the Senate and the House of Commons  Police officers  Firefighters  Practicing lawyers  Coroners  Persons with a mental disability or mental illness  Persons who are not sufficiently fluent in either English or French  Persons charged or convicted of a criminal offense under the Criminal Code of Canada  The spouses of judges, lawyers, notaries, police officers, and persons charged or convicted of a criminal offense.

Some people can apply for exemption  Persons who have served or have been chosen for jury duty in the previous five years.  Persons 65 years or older and their spouses.  Persons suffering from a physical or sensorial handicap.  Ministers of religion.  People are excused from jury duty only if they can demonstrate that it would cause them undue hardship.

Criticisms of Jury Duty  Employer has to save your job – but does not have to pay you ◦Government pays you a stipend equal to minimum wage to off-set the lost wages.  Jurors are kept away from their family for substantial periods of time.  Jurors have no access to any forms of media while sequestered.

Types of Offences Summary Conviction Offences – a crime that is considered less serious and carries a lighter penalty. Usually proceed very quickly through the system and are tried in Provincial court before a judge alone. Fine up to $5000 and/or six months in Prison. Ex: public mischief, trespassing, cruelty to animals. Indictable Offences – a crime that is more serious than a summary conviction offence and carries a heavier penalty. Maximum penalties from 2 years to life in prison. Ex: perjury, arson, murder The most serious indictable offences, such as murder and treason, must be tried in Supreme Court.

(don’t write this) Offences Against The Person ► includes crimes in which the victim is threatened, injured or killed. ► Violent crime is actually decreasing in Canada, but it is of course considered very serious and therefore carries with it the stiffest penalties.

Homicide ► Homicide is the killing of another person, directly or indirectly. ► It can be culpable homicide, which means the accused can be held legally responsible or non- culpable homicide, death caused by an unforeseeable accident. ► Murder, the intentional killing of another human being, is a form of culpable homicide.

Murder ► First-degree murder includes a killing that falls in any one of the following situations: 1.It is planned and deliberate 2.One person hires another to commit murder 3.The victim is a peace officer, prison employee or other person employed for the preservation and maintenance of the public peace. 4.The murder is caused while committing or attempting to commit another serious offence. Second-degree murder is defined as any murder that does not fit into one of the four situations listed under first-degree murder. Both first and second-degree murder have a minimum sentence of life imprisonment. The difference is when they can apply for parole; after 25 years for first degree and usually, after 10 for second-degree.

Manslaughter is any culpable homicide that is not murder ► consists of killing someone through a wrongful act, even if the killing was not intentional. any reasonable person could have foreseen that the wrongful act would pose a risk of bodily harm that was neither insignificant or temporary. ► Sometimes a charge of murder can be reduced to manslaughter if the accused can show provocation, words or actions that could cause a reasonable person to behave irrationally or lose self control.

Assault ► Most common form of violent crime in Canada. ► Assault comprises any one of the following actions: -Intentionally applying force to another person, either directly or indirectly, without that person’s consent. -Attempting or threatening, by act or gesture, to apply force -Accosting or impeding another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon.

► The criminal code classifies assault according to three levels of severity: Level 1 – hybrid offence, carries max. of 5 years. Touching without consent or threatening a person with violence. Level 2 – assault with a weapon or causing bodily harm, injuring a person in a way that has serious consequences for the victim’s health or comfort. Level 3 – Aggravated assault, which involves wounding, maiming, disfiguring or endangering the life of the victim.

Motor Vehicle Offences  Dangerous operation of a motor vehicle  Failure to stop at the scene of an accident  Impaired driving

Offences Against Property ► Theft – taking property permanently or temporarily, without the owner’s permission. ► The item must be taken without color of right, that is, the honest belief that a person owns or has permission to use the article in question. You can also commit theft by conversion, such as keeping money mistakenly deposited into your account. ► Robbery is theft with the use or threat of violence. ► Breaking and Entering – breaking or opening something in order to enter the premises without permission with the intent to commit an indictable offence. ► Punishable by up to life in prison if the B and E took place in a dwelling house.

Drug Offences ► Listed under the “Controlled Drugs and Substances Act” ► Possession – knowledge and control. A person must know what the item is and have some measure of control over it. They may be found in possession even if he or she gave the item to another person. Finally, you may be found to be in possession by consenting to its possession by someone else. ► Trafficking – a criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance. The crown must prove that the accused possessed the controlled substance with the intention of trafficking. ► Money Laundering – transferring cash or other property to conceal its illegal origin.

Youth Criminal Justice Act (2003) ◦The Youth Criminal Justice Act (YCJA) is for adolescents from the ages of 12 to 17 years of age. ◦It ensures that these youth receive consequences for breaking the law and opportunities for counseling and therapy. ◦Also it ensures that adolescents do not receive penalties intended for adults. ◦Sentences: prohibits adult sentences for those under 14 ◦Protects privacy of young offenders. Names cannot be published in media ◦It’s main goal is to prevent young people from committing crime as adults.

Objectives  To prevent crime, rehabilitate and reintegrate young people into society, ensure meaningful consequences, and recognize the immaturity of the offender. Rehabilitate: instill positive attitudes and behaviours Reintegrate: make part of society again  The offenders are judged on: 1) the severity of the offence, 2) their personal history, as well as 3) attitudes and circumstances surrounding the incident.

Youth Justice Committees The YCJA incorporates Aboriginal traditions in its Youth Justice Committees. In the native culture, the offender meets with an elder for counseling, healing and inspiration in recognition that crime affects everyone and is a community issue. These committees include community volunteers who undergo a screening process to determine their fitness to serve on a YJC. After reviewing a case involving a young offender, committee members decide upon the consequences that will be imposed on the youth. They often give the youth community service obligations such as picking up trash or cleaning the home of an elderly person, but may also include things like apology letters or contracts between the accused and the victim.

(don’t write this) YCJA sentences ► Reprimand: Stern warning from judge ► Fine: Youth pays money to the court Restitution: Return to the owner any stolen goods within a specified period of time. ► Community Service: Work in the community without pay ► Prohibition: Banned from owning something ► Seizure: Something is taken away from the youth ► Probation: Supervision for a period up to two years ► Attendance Order: Must attend a program such as anger management ► Custody and Supervision Order: Serve time in a young offender centre or community, followed by supervision in the community ► Intensive Rehabilitative Custody and Supervision Order: For most violent and high-risk youth.

Youth Criminal Records ► If charged, your record stays in Canadian Police Information Center for: ◦Summary offences: ► 3 years after sentencing is complete ◦Indictable offences: ► 5 years after sentencing is complete ► Youth under 14 are prohibited from receiving an adult record. ► If you turn 18 and re-offend while your offence’s access period is open, that charge rolls over into your adult record. ► Adult records are permanent.