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Published byAnnis Montgomery Modified over 8 years ago
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- Why do we have rules? - What are some important rules at home? At school? For society? - What are the criteria for good rules?
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RU LES Tests for Good Rules The rule should be easy to follow. The rule should be simply stated. The rule should include only activities we are able to perform. The rule must be reasonable. The rule must not go against another rule. The rule should be fair. The rule should be beneficial.
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At the top of the Canadian judicial system is the Supreme Court of Canada. Nine judges sit on the Supreme Court, with one judge being recognized as Chief Justice. Each judge must have at least ten years legal experience and is selected by the prime minister.
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The courts in Canada are the final interpreters of what is legal and what is not. When the Supreme Court of Canada (the top court in the country) declares something illegal, no one can appeal that decision. It is final.
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Below the Supreme Court of Canada is the Federal Court, which handles cases relating to the federal government. Then there are the Provincial Courts of Appeal. Below that level are the Provincial Superior Courts, which hear most major criminal cases. Supreme Court Federal Court Provincial Courts of Appeal Provincial Superior Courts In every province
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A number of specialized courts assist the Provincial Courts 1) County courts hear lesser criminal cases. 2)Family Court looks after issues such as separation, divorce, child custody, child support, and alimony. 3)Youth Court handles cases involving offenders aged between twelve and seventeen. And a couple of others...
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Provincial Superior Courts Magistrates Court Family Court Youth Court
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Canadian laws are based on five principles
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(1) Presumption of innocence is a basic right enjoyed by all Canadians. It means that everyone charged with a crime is assumed to be innocent.
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(2) " Habeas corpus " - from the Latin meaning "you must have the body". It means that a person cannot be held in custody without cause.
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(3) Justice does not discriminate or distinguish on the basis of age, gender, wealth, or intelligence. Everyone is equal before the law. An individual's guilt or innocence is determined by the weight of the evidence in the scales of justice.
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Equality before the law is associated with the concept of "the rule of law" which holds that no one is above the law; everyone is answerable to the law.
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(4) Use of precedent to help interpret the law. Precedent can be overruled by new laws, or statutes passed by government.
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(5) The right to a fair and speedy trial. All accused must see a magistrate or a judge within forty-eight hours of their arrest. They cannot simply be thrown in jail and forgotten.
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1. Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work. 2. In Ontario in the 1990s over 100 000 impaired driving charges were thrown out because they had taken too long to come to trial.
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1. How do laws protect individual freedoms? 2. Why do we need to limit our actions? 3. Why must the rule of law be the same for everyone?
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Canada has two legal systems. One is the criminal legal system and the other is the civil legal system. Criminal law is the branch of law that deals with actions that are considered to be crimes against society as a whole. Civil law, on the other hand, is the branch of law that deals with disputes between people. Criminal law is uniform throughout all of Canada. Civil law differs between provinces. Civil law in Quebec is different in that it is based upon an entirely different foundation, the French Code Civil.
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Even though typically there is a victim involved, the criminal action is considered to be a threat to all of society.
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Three requirements that must be met in order for an act to be considered criminal. 1) The Criminal Code of Canada must prohibit it. 2) There must have been intent on the part of the individual who committed the act. He or she must, in most cases, have meant to commit the act. 3) The accused must have been legally sane, he or she must have understood and appreciated the act and its consequences.
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Civil law regulates the relationship between individuals. The plaintiff (the injured party), brings the case to court. The judge may award damages (usually a payment of money) to the plaintiff. However, the judge can never send the guilty person in a civil case to jail. A third and final difference between criminal and civil cases involves the burden of proof. While criminal cases demand that guilt be proven "beyond a reasonable doubt," civil cases require only the "preponderance of evidence" or the "balance of probabilities."
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In 1984, government passed the Young Offenders Act (YOA), which replaced a Juvenile Delinquency Act of 1908. The YOA applied to any individual between the ages of 12 and 18 who had been charged with committing a criminal offense. (A child under the age of 12 cannot be charged with a crime in Canada.) The foundation of the Young Offenders Act was that young people were not fully mature, rationally or legally. They, therefore, had to be accorded special consideration. They are, because of their age, more likely to make mistakes. However, they should be encouraged to learn from those mistakes rather than having their lives lost forever. The focus for young offenders is more on rehabilitation rather than on punishment.
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