Finding Justice in Society The Judicial Branch Finding Justice in Society

What does the judicial branch do? • The judicial branch includes Canada’s courts of law. • The Supreme Court of Canada is the highest court in Canada. • The judicial branch is separate from the other branches acts as a check on their powers interprets and applies all law in Canada, defends the rights of Canadians.

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 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.

To what extent is the justice system fair and equitable for youth? fair and equitable: governed by rules that apply to everyone, taking into account individual needs and circumstances

Is justice blind? Why do you think it is – why do you think it is not? Should the justice system be “blind?”

The Stages of the Justice System Read the following cartoon: p. 61-63. Try to write down the steps that the young girl went through in the Justice System. What rights did the accused have? Why do you think the criminal had to face their victim? What do you think would be an appropriate punishment?

Stages of the Justice System Crime is committed. Person is arrested and given rights: What are their rights? Why are people given these rights? Why is the presumption of innocence important? Person is asked for a statement after being read their rights. Person’s picture and finger prints are taken. Parents are called to pick up the individual (why was the accused released?). Meet with the Youth Justice Committee/ or go to Court – what do they do? The accused met with the victim. Sentence is carried out or else the accused goes to court. IS THIS A FAIR PROCESS? EXPLAIN

Role Play In groups of 4 create your own role play showing the steps of the justice system. You will need to choose a crime (make it PG rated), have a police officer/ lawyer/ judge/ criminal/ victim. You will need to show how the situation is resolved. You have 3 min. to tell your story.

Criteria You are the crown prosecutor in a case involving a teen. What are three things about the accused you’ll take into consideration before deciding what consequences the teen will face? Explain why your criteria is important.

TASK TWO: Case Study John Smith was an honor student in junior high. His parents were divorced at the end of his Grade 9 year, and there have been issues with custody battles in the past. Since starting high school, John’s attitude and behavior have changed dramatically. He has been suspended once for skipping. He has exhibited anger management issues (i.e. in Grade Ten, he and another student were pushing and shoving each other during an argument, but the instigator was never clearly identified. Both students were given a one-day in-school suspension). He has also failed to maintain many of his close friendships from previous years. Late one summer, John Smith attended a party at a friend's house. At the time, John Smith was 16 years old and was looking forward to returning to high school the next month. During the party, at which both drugs and alcohol were consumed, an argument broke out between some friends of the accused and some uninvited young men who had shown up around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of the uninvited young men. In retaliation, Smith, the accused, punched the young man causing him to fall and strike his head. The police were called and they began their investigation.

Interpreting Political Cartoons Summarize the cartoon on the previous page in one sentence.

Cartoon

Jury Duty! Terms jurors need to know: Defence: Prosecution: Sequester:

There must be _______ people and all of them must agree on a verdict There must be _______ people and all of them must agree on a verdict. There decision must be unanimous. Anyone ____ years of age or older who is a ___________________ is eligible for jury duty. If you are summoned for jury duty, it’s your responsibility to appear in the courthouse on time. You must: Employers have to ________________, but they do not have to ____________. You may only be excused from jury duty if you can demonstrate that______________________________________________________.

Factors That Determine the Consequences for a Young Offender: The Seriousness of the offence (violent or non-violent?) The history of the young person (first time, or repeat offender?) The attitude of the young person (Do they assume responsibility for their actions?) The circumstances of the young person (home life, substance abuse issues, etc.-Do they need support or consequences?)

You Be the Judge! Sentence Given: Agree / Disagree Explanation (based on criteria) An appropriate sentence would be…

Youth Advocacy! Create a meaning for the term “Advocacy: Advocacy is… From the perspective of the John Howard Society, Advocacy is… From the perspective of the Elizabeth Fry Society, Advocacy is… How are these two groups similar in their advocacy? What particular issue in chapter 2 might these two groups become involved with?

Youth Justice Committees On page 72 of your text, there is an article on Youth Justice and the Aboriginal community. Read this article, and then explain how Youth Justice Committees may be a way to help solve the issue revealed in the article What 2 questions might you ask yourself to help you with this activity?