Canada’s Legal System The Judicial Branch

Who is in the Judiciary Branch? Executive and Legislative branches = _________________ Police = _________________ Courts = _________________ Prisons = ________________________

The Rule of Law Canadians are governed by a set of laws that apply _____________ to all people The ______________ is the supreme law of Canada and includes the Charter of Rights and Freedoms

Types of Law in Canada _____________ LAW Crimes against society and the state contained in the Criminal Code Cases are prosecuted by the Crown and are written as “Regina vs. Smith” Prosecution = lawyers for the Crown Defence = lawyers for the accused _____________ LAW Crimes committed against private parties (individuals/groups) Includes disputes over contracts, property, personal relationships Plaintiff = person who suffered and wants compensation Defendant = person who is sued for the alleged wrongdoing

The Provincial Court System APPEAL COURT OF BC (Hears appeals from lower courts) SUPREME COURT OF BC (deals with ____________ [serious] offences such as murder, robbery and civil cases involving large sums of money) PROVINCIAL COURT (deals with _____________ [less serious] offences) Includes criminal, family, and youth matters, small claims, traffic and municipal by-laws

The Supreme Court of Canada is the highest court in the country: decides on constitutional issues and is the final court of appeal for civil and criminal cases __________________ is the Chief Justice There are ____ Supreme Court judges who are appointed by the GG on advice of the PM

The Supreme Court The Supreme Court is important to Canadians because it upholds the rights listed in the ____________ and sets precedents Rulings by the Supreme Court are ________ unless Parliament passes a constitutional amendment Rulings include a judgment and in some cases provide a way to right the wrong Previous rulings on abortion, cruise missile testing, Aboriginal rights, same-sex marriage

The Penal System Our correction system is based on the principle of ________________: making convicted offenders positive, productive, and law-abiding citizens when they re- enter society Prisoners are given the opportunity to receive education, counselling, and learn job skills while they are incarcerated

The Penal System _____________________ is an alternative to jail time for first time offenders and offenders of less serious crimes The focus is on repairing damage instead of punishment –Ex. An elderly woman hit by a speeding driver created a plan that included doing chores for her, carrying out her volunteer work, helping her get around as she recovered from injuries

Youth Criminal Justice Act 2002 Applies to youth aged ________ Distinguished between violent and non- violent crimes and repeat offenders ___________ measures for violent offenders and repeat offenders Improved efforts for rehabilitation and alternatives to jail time (restorative justice)

Rights of a Young Offender Right to ___________________________ Youth charged or convicted of a crime and those involved in the court proceedings cannot be ___________ Criminal record is destroyed at ____, except for those convicted of serious crimes Cases are dealt with by Youth Court and heard by a judge alone

Rights of a Young Offender If a youth is convicted, the sentence is called a _________________ –Absolute discharge / Conditional discharge –Fine up to $1,000 –Up to 240 hr of community service to pay for the crime –Probation up to 2 years –Open or secure custody for up to 5 years Youths as young as ____ can be transferred to adult court and face adult sentences for serious crimes A pattern of serious crimes will also result in ________________________