How does the Judicial System work ?

Canada’s Judicial System Two goals: 1) Ensure that society operates in a peaceful and orderly manner 2) Tries to balance the need for social order with respect to the individual rights of the citizen. Guiding principle to these two goals the rule of the law Fundamental Legal Rights - right to be free from unreasonable search and seizure - Right on arrest/detention to be told the reasons -right to be represented by counsel -right to a trial within a reasonable time -right to be presumed innocent until proven guilty -right not to be denied bail without just cause -right not to testify against oneself -right not to be subjected to cruel and unusual punishment

The Changing Justice System The justice system needs to be constantly evolving. As the world changes, so too do the needs of the law. EX: 100 years ago, there would not have been crimes related to the internet, new laws have needed to be created to protect citizens in this area. Additionally, victims’ rights and Aboriginal justice were unknown, but are now common practice.

Attitudes towards the law In m any countries around the world, confidence in the justice system has waned. As democratic systems become more open they tend to trust their institutions less, and social media and technology allow us to look further into cases and trials than ever before. Very high profile cases have exposed corruption in the justice system. High Profile Cases can also polarize communities and groups: ex. Jian Gomeshi Sammy Yatim Riots in Ferguson

Opinions on the Justice System - Most people believe that the crime rate is rising and blame the criminal justice system - Police received the highest confidence rating; courts and parole systems the lowest - Correctional authorities do a better job supervising prisoners than supervising offenders in the community - people do not know much about the justice system- base opinions on public stories normally of wrongful convictions Trust in the justice system is important because citizens are less likely to report crimes, act as witnesses or serve on juries.

Wrongful Convictions The justice system is based on the principle “innocent until proven guilty” which can be overlooked when the system is pursuing someone presumed to be guilty. Example: David Milgaard https://www.youtube.com/watch?v=hkdRH2ZuAf8

Youth Criminal Justice System - Canadians between the ages of 12-17 who commit an offense are called Young Offenders and fall under The Youth Criminal Justice Act -- this act recognizes that a youth must be held accountable for their actions but not to the same extent as an adult. -- the act emphasizes rehabilitation A youth Offender is not always arrested: police have several options however if they go through with the arrest a youth is also guaranteed the same arrest rights as an adult, in addition to: - having a parent, guardian or adult present for questioning -to have a lawyer, supplied by legal aid if necessary - not to make statements that could be used against him or her

Read pages 118-128 define any bolded words in your notes Answer #s 1-3 on page 122 Answer #1 on page 124