The Concept of Fundamental Justice Social Studies 1211 The Concept of Fundamental Justice Outcome 18

WHAT IS FUNDAMENTAL JUSTICE? Fundamental Justice is the basis of our justice system. It means that a Canadian’s rights and freedoms can only be controlled by a process that is fair and just. It offers protection to: society from people who do not follow laws. individuals from unreasonable demands from government and communities. anyone, no matter who they are and what they did, to fair and impartial justice.

JUSTICE SYSTEM AND FUNDAMENTAL JUSTICE There will always be conflict between people and in many cases these legal conflicts lead to winners and losers. In order for this to work, the justice system must: be fair be seen as fair by all people. Reasons: If people see the justice system as being fair, then people will use it properly. If a justice system is seen as corrupted, then people will find another way to find justice. There would, overall, be no peace. *Complete Punishments worksheet*

EXAMPLES OF THE SIGNIFICANCE OF FUNDAMENTAL JUSTICE

CONCERNS OF THE JUSTICE SYSTEM

Questions…

JUSTICE SYSTEM AND THE COMMON GOOD The justice system can be separated into two main categories: Criminal law: Deals with serious and harmful conduct seen as a threat to all of society (Public) Civil Law: Deals with settling disputes between individuals or groups (Private)

CRIMINAL LAW The Criminal Code of Canada has set minimum and maximum penalties for all crimes. http://laws-lois.justice.gc.ca/eng/acts/C-46/ The accused/defendant is the person who has been charged with committing a crime. A defense attorney is one appointed by the accused/defendant to fight for their rights in court. The crown attorney represents the state (Society) and has the job to prove that the accused is guilty beyond a reasonable doubt. The judge or jury (made up of members of the society) decide whether the accused is guilty or not on the crime committed (judgement). The judge determines the appropriate punishment if the accused is found guilty.

CIVIL LAW It is referred to as a lawsuit, not a trial. The plaintiff is the person taking legal action. The defendant is the person who is having legal action placed on them. Both sides state their case and the judge makes a decision on how to solve the dispute fairly. Civil law can be divided into many different areas.

Comparison between Civil Law and Criminal Law Issue Private Public Form Adversarial Parties Plaintiff Crown Defendant Accused/Defendant Judgement Judge /Jury Judge / Jury Verdict Degree of Injury/loss/injustice Guild or innocence Process Pleading Discovery Trial Remedy Investigation Charge assessment Sentencing

How does the Canadian Justice system work? Add chart (Page 110)

Alternative Methods of Justice PRO CON Alternative Dispute Resolution Involves working with professionals training in helping people reach acceptable solutions (Talking/Third Party Cheaper, faster, and easier than court No guarantee that all participants will receive fundamental justice. Aboriginal Sentencing Circles Traditional form of Justice. Involves bringing offender and victim together voluntarily and members of the community to reintegrate the offender into society Able to remove discrimination and misunderstandings Some see this as unfair treatment based on ethnicity and does not follow the belief that all should be treated equally under law. Victim Statements Takes the perspective of the victims when sentencing people of a crime, allowing victims to describe how the crime has impacted their lives and what they think is a punishement. It recognizes that the justice system is meant to protect the people, so therefore the victim should be considered. Some see that criminals should all be punished based only on evidence and law. It must be uniform and not dependant on who the victim is.

Why does it take so many people, institutions, and complex processes to make our justice system just? Is there an Easier way? As a society, how can we tell when a law is unjust? If a law is unjust, should the justice system enforce and apply it? What should be done?

Does the justice System treat and protect all people equally? Equity refers to the qualities of justness, fairness, impartially and evenhandeness. Should a child be treated the same as adult for all crimes? Should a Senior citizen be treated the same as an middle aged individual for the same crime. Does it matter on the sex of an individual on the same crime?

Page 112 (picture)

Changes in Justice through time. Throughout time, there have been many changes in justice. The reason for this is that social values and beliefs change. Issue Before Presently Capital Punishment Before 1962, convicted murderers could be sentenced to death by hanging. After 1962, all death sentences were reduced. There is no death penalty in Canada. Youth Justice Before 2003, there was no alternative to courts and imprisonment for youth with less serious crimes. A justice system was created for young people. Battered Women and Self-Defence Before 1986, the idea of self Defence in physical Assaults in Canada was not seen as a reason to kill The tearm “Battered Woman syndrome” is used in cases where women can prove that they are in danger, and no way out of a relationship.