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Finding Justice in Society
The Judicial Branch Finding Justice in Society
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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.
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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.
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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
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Is justice blind? Why do you think it is – why do you think it is not? Should the justice system be “blind?”
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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
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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.
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TASK TWO: Case Study Jane Doe is a student in Grade 9. She has been a good student until a few years ago. Her parents have noticed a change in her mood, attitude at school and friend group. She has been caught a few times with alcohol and smelling like marijuana on the weekends and has broken curfew numerous times. She has never been caught at school but there is general suspicion of her activities. Jane’s parents have grounded her for several weeks and limiting her free time on weekends to curb her behavior. They have searched her room several times and found no suspicious substances or behavior. However at school she has been in a lot of trouble. Being caught a few times smelling like marijuana and having alcohol on her breath. Today there was a drug dog brought in by the RCMP to search lockers. The Principal and the schools RCMP Liaison Officer have called Jane Doe into the Office. They have found Marijuana in her locker. The RCMP and the Principal are advocating for a possession charge due to her past behavior and refusal to change her behavior.
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