For this week’s topic, I agree with the statement that “Canada is known for being a world leader when it comes to equality and human rights.” At here, I want to share a significant case which named Canada (AG) v. Mossop to explain the reason. This case “was the first decision of the Supreme Court of Canada to consider equality rights for gays” (Canada (AG) v Mossop, 2015).…
Sentencing Circles was resurrected in 1991 by Judges and Community Justice Committee in Yukon Territory and in the Northern Canadian communities. Circle sentencing has an integrative strategy designed to address delinquent…
In this paper, I argue the mythical norm is a demonstration of how white and male power dominates the legal system of Canada and how the judiciary system interprets the law. First, this paper will look at how the mythical norm racializes those who are deemed as inferior specifically in the Aboriginal communities. Lastly, I look upon how the mythical norm creates boundaries between the sexes. The mythical norm is an ideal that creates oppression due to the beliefs of the myth.…
Explain the historical background of the American Legal System, providing specific examples to support your answer.…
3). The law has been in effect for more than ten years and three reasons why it has been effective is because “1) the Three Strikes Law appears to be meeting its theoretical goals; 2) some of the initial concerns of the impact of the law have not occurred; and 3) the interpretation of the law has provided for built-in safeguards to ensure that the intent of the law is carried out” (Goodno,…
Legal Dimensions Series This series stems from an annual legal and socio-legal research initiative sponsored by the Canadian Association of Law Teachers, the Canadian Law and Society Association, the Canadian Council of Deans, and the Law Commission of Canada. Volumes in this series examine various issues of law reform from a multidisciplinary perspective. The series seeks to advance our knowledge about law and society through the analysis of fundamental aspects of law. The essays in this volume were selected by representatives from each partner association: Dorothy Chunn (Canadian Law and Society Association), John EcEvoy (Canadian Association of Law Teachers), Beth Bilson (Canadian Council of Law Deans), and Steven Bittle…
In Canada, restorative justice practices are more established in the English-speaking provinces and Aboriginal communities. In Quebec, the phenomenon has not been embraced to the same extent. Even today, there are misgivings about committing to a movement that is often associated with faith groups. Quebec has perhaps felt less of a need to move toward restorative justice because diversion programs and alternate measures were already firmly established, especially in the administration of justice for minors (Jaccoud, 2003).…
The general public did not feel safe in their communities. This prompted a get tough on crime approach that was based on the crime control model. This system was designed to incarcerate offenders for extended periods of time. Public sentiment drives the legislative process in regard to the laws that are enacted to control crime. There is also the belief that the politicians are solely responsible for the laws. The writer believes that the will of the citizens ultimately drives the legislation. There is evidentiary support provided to support this. The enactment of three criteria regarding sentencing is an example of the citizens not feeling safe in their communities and the politicians reacting by passing laws that represent their sentiment. The sentencing called for enhanced punishments for repeat or habitual offenders, determinate sentencing, and safeguards that provided fair and equitable punishments regardless of the racial and ethnic make-up of the accused. There was legislation enacted that ensured that sentencing adhered to a standard that is non-discriminatory in nature and delivered just deserts to the offenders. There were two legislative mandates that were enacted to provide oversight and regulate sentencing. The Comprehensive Crime Control Act of 1984 and the Sentencing Reform Act are interrelated in that one regulates the other. The Crime Control law focuses on…
The Juvenile Delinquents Act was critiqued as being too lenient on some youth and inconsistent with sentences within provinces and across Canada (Endres, 2004). This therefore caused it to lack the due process guarantee. Furthermore, the Act also played a role in creating tensions surrounding social and child welfare issues and legal principles (Endres, 2004). Also, the way in which delinquency was defined was far too broad, therefore causing some serious crimes to be down played and less serious offences to be…
Mandatory minimum sentences are imposed by statutory law and are based on specific types of crime (Schmalleger & Smykla, n.d.). All fifty states participated in these sentences by the mid 90’s (Schmalleger & Smykla, n.d.). Studies have shown these sentences were effective in the beginning, but long-term results showed they did not have a significant deterrence on crime (Schmalleger & Smykla, n.d.).…
In this paper I will be discussing the classical school and the positive school and their relations to these current provisions 462.37., 462.39.-462.41 and 810 of the Canadian Criminal Code. After briefly summarizing these provisions, I will explain which law best represents the principles of the classical or positive school. Section 462.37 relates to classical school because it is a violation of the social contract. It also displays the use of fair procedure, proportional punishment and deterrence. It focuses on the deterrence of crime in comparison to the positive school where…
The "Harper Government's" recent “tough on crime” bill sets out to enforce minimum sentences for crimes that would otherwise have been dealt with by judges closer to the case, with an understanding of whether mercy (or leniency) has a place in the sentencing. This act will cost tax payers hundreds of millions of dollars per year to satisfy the Harper government's need to be seen as imposing punishment. The concept that people must be punished in an arbitrary fashion assumes that all perpetrators will continue committing crimes unless punished in a black and white sense. It rejects the notion that the quality of mercy is not strained, bestowing blessings on he who gives mercy and he who receives mercy (sorry). This idea of good vs bad with no middle ground is, sadly, what many of the modern views on justice have become. This can be equated to when someone opposing Regan was thrown into a dung heap and left to die, not because what they did was essentially wrong, but because their dissent was deemed unlawful by the power in charge. Explain and…
Within the context of Canadian criminal justice, the youth crime is relatively minor yet teeming with excitement and interest, lying at the center of public concern over society’s future adult citizens. In its history, three different forms of legislation have come to pass; the Juvenile Delinquents Act of 1908 remained in place for seventy-six years before being replaced with the Young Offender’s Act in 1984, which was then replaced with the Youth Criminal Justice Act in 2002 (Smandych, 2016: 5). Clearly, the issue of youth justice is not lost on ‘The Great White North.' In the textbook Youth at Risk and Youth Justice: A Canadian Overview, scholars address many factors surrounding youth crime and youth criminal justice, including the overrepresentation…
Federalism and the constitutional divisions of power play two separate roles within Canada’s legal justice system. To start, federalism governs the country as a whole and deals with some of the countries worst legal cases. The administrative of justice began after confederation in 1867, which gave each province the responsibly of managing their own detention centres, prisons, police forces, minor offences etc..(Niejenhuis, 2011). Having separate divisions of both large and smaller scaled problems is beneficial to the country as it provides higher levels of security and organization for its citizens.…
mandatory minimums as a way to keep offenders in prison for a longer period of time. However, evidence provided by the media is not entirely honest. Studies conducted by Statistics Canada have shown an extensive decline in non-violent and violent crimes over the past two decades. The Crime Severity Index (CSI) has decreased by 3% since 2013, “declining from 68.8% to 65.7%; [which was attributed] to a [decline] in robberies and breaking and entering” (Boyce, 2014, pg.3). In 2014, the Police Reported Crime Rate declined “by 3% from the previous year to 5,046 incidents per 100,000 population” (Boyce, 2014, pg.3). Since 2014, violent crimes have decreased by 5%, dropping down to 70.2% on the CSI (Boyce, 2014, pg.3). “This drop marked the eighth…