1. The Judicial System of Canada

3. 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 The court always has an uneven number of judges to prevent tie decisions.
Quebec Ontario West East

4. 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.

5. 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.

6. 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.

7. How are the Youth Justice and Adult Justice Different in Canada?
Young Offenders
Deals with 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 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

8. 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?

9. 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

13. 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.

14. 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

15. 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.

16. 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?

17. 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?