1. T HE J USTICE S YSTEM

2. W HAT ARE THE GOALS OF THE J USTICE SYSTEM ? 1. Must ensure that society operates in a peaceful and orderly manner 2. Tries to balance the need for social order with respect for the individual rights of the citizen The Justice system is made of 2 major areas: Criminal Law (Youth Criminal Justice & Aboriginal Justice) Civil Law

3. C RIMINAL L AW Criminal Law is classified as a public offence against society It is the responsibility of the Federal government It also includes Youth Justice and Aboriginal Justice When you are arrested and charged with a criminal offense, it is an extremely long process before you are convicted Many things have to happen including: The police gather evidence You are arrested You are taken to court to determine if there is enough evidence to take you to trial You may plea out before the trial The trial Verdict and Sentencing

4. P UNISHMENT If you are found guilty, punishment will be based on 4 things: 1. Punishment – has to be harsh enough that the public understands that it is a serious offence 2. Deterrence – discouraging the offender and public from repeating or committing the offence 3. Protection – protecting the public from dangerous people 4. Rehabilitation – rehabilitating the offender so that they can rejoin society as a productive citizen

5. T YPES OF P UNISHMENT 1. Suspended Sentence Minor and is first offence No punishment is given as long as the person stays out of trouble Record wiped clean if person stays clean for a certain amount of time If another crime committed before time is up, person faces new charge & may also be sentenced on the original charge

6. 2. P ROBATION Lasts for a certain amount of time (eg: 1 year) While on probation, person has to report to parole officer. They may be prevented from: Going to certain places Engaging in certain activities Seeing certain people

7. 3. F INE Payment of money The accused pays it to the court

8. 4. R ESTITUTION AND C OMMUNITY S ERVICE Restitution – Criminal has to compensate the victim of the crime somehow For example: Vandals may be forced to repair the damage they caused

9. 5. I MPRISONMENT FOR 2 YEARS LESS A DAY Sent to provincial jail Removed from society Minimum or medium security institutions These are located in many communities

10. 6. I MPRISONMENT FOR M ORE THAN 2 YEARS Federal penitentiary Once serving ¾ of sentence, can apply for parole (early release) Maximum penalty: life in prison with no parole for 25 years About 75% of offenders will return to prison

11. F AINT H OPE C LAUSE Allows convicted murderers to apply for early parole Murder conviction carries a life sentence but if the murderer is rehabilitated before 25 years have passed, the faint hope clause allows them to apply for parole after 15 years. In reality, the worst murderers serve their entire life sentence

12. Y OUTH C RIMINAL J USTICE For Canadians between the ages of 12 – 17 who commit an offence Also known as young offenders Recognizes that youth must be held accountable for criminal activity, but not to the severity of an adult It emphasizes rehabilitation Young offenders are not always arrested With youth: A) A parent, guardian, or other adult must be there during questioning B) Have the right to a lawyer, with one supplied by legal aid C) Have the right to not make statements that could be used against them

13. D IFFERENCES Justice for youth differ from adult justice in several ways: a) Degree of accountability (how much a person can be held responsible for the crime) b) Length of Sentences c) Approaches to rehabilitation d) Youth can’t be identified by the media e) Custody (similar to jail for adults) f) Prison sentences are less severe and served in youth detention centers

14. Y OUTH J USTICE C OMMITTEE Made up of community members Young offender may meet with this committee They can recommend several things: a) Restitution – paying back to the community, usually through service b) Community support for the youth c) A meeting between the victim and the young offender

15. A BORIGINAL J USTICE Developed from inequalities in the mainstream system It also developed because the justice system ignored Aboriginal customs around crime and punishment One goal is to encourage greater Aboriginal participation in the justice system at all levels including policing, the court system, etc

16. R ESTORATIVE J USTICE : A N A BORIGINAL M ODEL In the justice system, offenders are treated in isolation from their community Restorative justice does the opposite It brings together the offender, the victim, and the community where the crime took place This system has been practised for generations by First Nations and Metis The crime can’t be addressed unless the community understands why it occured

17. Restorative justice can help the victim, offenders, and communities because: a) Victims can talk about their needs b) Offenders must take responsibility for their actions in front of the victim and the community c) Communities can address crime because they can understand it better Sentencing Circle: the offender is brought before the victim and other members of the community. The victim confronts the offender and conveys the hurt they have suffered. The circle decides on an appropriate sentence. Can range from banishment to community service Healing Circle: the offender admits guilt and seeks forgiveness from the victim. The offender works towards reconciliation with the rest of the community.

18. C IVIL L AW Private disputes between individuals An individual who feels wronged by another in some way may sue (take legal action against) that person Police are not involved No arrests It involves claims resulting: a) From accidents b) All kinds of contracts c) Property ownership d) Family matters

19. If you are the person suing, you are the plaintiff If you are being sued, you are the defendant If taken to trial, the plaintiff must prove that it is more probable than not that the defendant is liable There is less of a burden of proof than in a criminal trial (the prosecutor must prove that the defendant is guilty beyond a reasonable doubt) Civil case can be decided before a judge alone or before a judge and jury 3 decision can happen: a) Defendant pays damages b) Declaratory order: the court outlines the rights of the 2 parties who are having the dispute c) Injunction: this requires the defendant to stop doing something