The Judicial System of Canada

WHO BECOMES A SUPREME COURT JUDGE? The Supreme Court has nine judges from four regions of Canada. For most of Canada’s history, the PM and cabinet have appointed Supreme Court judges when positions became vacant — when a judge retired, for example. In February 2006, Prime Minister Stephen Harper changed the appointment process. The PM and cabinet now nominate judges, who then go through a review by a committee of MPs. In 2007, the PM still had the power to appoint the judge of his choice. This photo shows the judges of the Supreme Court in 2005. The court always has an uneven number of judges to prevent tie decisions. Quebec Ontario West East

What does the Judicial Branch Do? The judicial branch includes Canada’s courts of law. The Supreme Court of Canada is the highest court of Canada. It has the final word on all legal questions in the country. The judicial branch is separate from the other branches and acts as a check on its power. It interprets and applies all law on Canada. The main responsibility for making sure the rights of Canadians are respected.

Why do you believe justice is often portrayed as blind? Nothing is more important than justice and a just society. It is essential to the flourishing of men, women and children and to maintaining social stability and security. In this country, we realize that without justice, we have no rights, no peace, no prosperity. We realize that, once lost, justice is difficult to reinstate. We in Canada are the inheritors of a good justice system, one that is the envy of the world. Let us Face our challenges squarely and thus ensure that our justice system remains strong and effective. — From remarks by the Right Honourable Beverly McLachlin to the Empire Club of Canada, March 8, 2007.

The Youth Criminal Justice Act Canada's Youth Criminal Justice Act (YCJA) is a Canadian statute, which came into effect on April 1, 2003, covering the prosecution of youth's for criminal offenses. The YCJA governs the application of criminal and correctional law to those 12 and older but younger than 18 at the time of committing the offence. The YCJA recognizes that youth have rights protected by the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nation's Convention on the Rights of the Child.

How are the Youth Justice and Adult Justice Different in Canada? Young Offenders Deals with 12- 17 year olds in trouble with the law Allows some young offenders to face consequences such as counseling and community service Prohibits adult sentences for youths 12-14 and protects the privacy of young offenders Allows most young offenders to avoid a criminal record. Adult Offenders Deals with 18 + adults in trouble with the law Makes going to court the usual consequence for breaking the law Defines adult sentences which can include prolonged jail sentences and/or fines Allows the publication of offenders’ names Creates a criminal record for most offenders

What Factors Determine the Consequences Young Offenders Face? The seriousness of the crime The history of the young person The attitude of the young person The circumstances of the young person Police officers across Canada work to educate young people about he law. How might this work affect the fairness of the justice system?

What are the Objectives of the YCJA? To prevent crime by addressing the circumstances underlying a young person’s offensive behavior To separate young persons from adults and recognize their reduced level of maturity To rehabilitate young persons who commit crimes and reintegrate them into society To ensure that a young person is subject to meaningful consequences

What Role do Canadian Citizens and Organizations Play in the Fairness and Equity for Youth? Juries Under the YCJA, a person 14 years of age or older may be tried by a judge and jury for certain serious offences such as assault. A jury is a sworn body of people convened to deliver a rational, impartial verdict officially submitted to them by a court, or to set a penalty or judgment. A trial in which a jury decides the verdict is known as a jury trial. A person who is serving on a jury is known as juror. In Canada, juries are used for some criminal trials but not others. For less serious offences that come to trial, a judge alone makes the ruling. In some more serious offences, the accused person can choose to be judged by either a judge or a judge and jury. Serving on juries is considered a duty of Canadian citizens.

Advocacy Groups Canada has two major citizen-led organizations involved in the justice system: The John Howard Society and the Elizabeth Frye Society The organizations work independently of the government. The try to to solve the underlying reasons for crime The provide public education about laws and the justice system The work with youths and adults who have broken the law to help them return to their communities They stand up for the rights of youths and adults accused of crimes They call for measures to improve the fairness of the justice system for those accused and/or harmed by crime

A Native Perspecitve Under the YCJA, young people can face consequences from Youth Justice Committees. These committees reflect the traditional sentencing circles that the natives use in their own communities. In these circles, many people from the community, those who committed the crime and those who were affected by it, come together to discuss and reflect. They can share their feelings and come to a collective agreement on the punishment for the guilty.

Questions How do Canada’s justice system and Youth Criminal Justice Act attempt to treat young offenders fairly and equitably? What are the steps involved when a young person enters the justice system? What are the advantages and disadvantages of the YCJA? Which is more important: the privacy of young offender or public safety? Why? What aspects of your identity would you want the justice system to take into account? What role do Canadian’s play in their fairness and equity fo the justice system for youth?

What is the Message of this Cartoon? How do you know what the message is? Do you think the message is correct? Why would someone create a cartoon like this?