Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Canadian criminal justice system why
Capital punishment in canada for and against
Youth criminal justice act
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Canadian criminal justice system why
Imagine that you are a suspect of murder in 1892. You have no solid evidence that you are innocent, but there is no evidence that you're guilty either. No matter how much you argue, you are sentenced to a public hanging even though you didn't commit the crime. This is one example the Criminal Code of Canada would have sentenced you to if they suspected that you committed manslaughter. The Criminal Code of Canada is a book of laws that was developed in 1892. It determines sentences for certain crimes and thankfully, it has been revised numerous times. It is a big part of the Canadian justice system. The system is fair-minded now since the death sentence is forbidden, sentences are equal for both sexes, and children are persecuted differently from adults.
The death penalty, also known as the “capital punishment”, used to be legal in Canada. Most people were publicly hanged. After the Confederation of Canada, the reasons people were hanged were minimized and so only three crimes resulted in execution; rape, murder, and high treason. Although it wasn’t long after the Criminal Code of Canada was made that confederation occurred. Confederation which occurred in 1867 was when the provinces Nova Scotia, New Brunswick, Ontario, and Quebec united to form Canada. Joseph-Albert Guay (more commonly known as “Albert Guay”) was a man who got hanged on January 12th, 1951. He lived in Quebec City and was responsible for bombing a passenger flight on September 9, 1949, killing 23 people and his wife Rita, the intended victim. The crime was called “Guay’s Affair”. He was accompanied by Marguerite Pitre, the last woman hanged in Canada. She died on January 9, 1953 in Montreal, Quebec. They were only two of the 710 people who were executed in Canada...
... middle of paper ...
...ce system more selectively, reduced the overdependence on confinement, and increased therapy of young people into the community following custody. The Youth Criminal Justice Act respects the younger persons of Canada. A number of new sentences for youths were created. It replaced transfers to adult court with a system that had some of the adult sentencing. All trials took place in a youth court and under certain circumstances a youth would receive an adult sentence. The Youth Justice Act is beneficial to the youth justice system.
Overall, the Criminal Code of Canada is more just than it used to be. People are offered second chances to change for the better rather than being executed for their crimes. Criminals are sentenced equally regardless of gender. Minors and adults are judged differently. Where would society be if people still got hanged over stealing a cow?
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
In 1759, the Canadian Court Justice system was brought to Canada by the French. After the battle of Quebec, all of Canada then followed the English common law system except for Quebec 1. Based on my understanding and knowledge of N. Christie’s arguments and the Canadian court system, I believe that Christie’s criticism of modern legal system is fair and it effects our current court system today.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
The Youth Criminal Justice Act, often called by the name of YCJA, is specifically made for youths ages varying from 12 to 17 that disobey the law. In April 1, 2003, the YCJA replaced the previous justice act called Young Offenders Act due to several negative concerns. “These concerns included the overuse of the courts and incarceration in less serious cases, disparity and unfairness in sentencing, a lack of effective reintegration of young people released from custody, and the need to better take into account the interests of victims.” The main purpose of the YCJA aims to have a fairer and more equitable system. Although the YCJA is an effective law within the justice system, a main aspect/characteristic that needs to remain, is keeping the
Most young offenders get into trouble with the law only once. But the younger children are when they first break the law, the more likely they are to break the law again (Statistics Canada study, 2005). The Youth Criminal Justice Act (YCJA) attempts to acknowledge that different youth need different sentences within the justice system, while ensuring that it is fair and equitable for them. Many people, both in Canada, and around the world, believe that youth are not reprimanded harshly enough for the crimes they commit and that they are, in general, are able to squeeze through the justice system without punishment. Others, believe that the justice system does not treat youth fairly and punishes them without acknowledging that rehabilitation
Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society. The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
Since 1867, all civilian executions in Canada were conducted by hanging until it was abolished in 1966. During the time, capital punishment, which constituted murder, attempted murder, rape, treason, or carnal knowledge of girls less than ten years of age, was well suited under Canadian law as a crime of deterrence. The theory of deterrence presumes that it can use fear to prevent people from committing criminal acts. However, interpersonal conflicts over status, resources, control, and reputation produce the vast majority of criminal homicides in Canada. In Toronto of 1919, George J. Coppen was found guilty for the murder of his wife, who died in a tragic fire in their home on 573 Merton Street. He was condemned to death by hanging, but his
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
In conclusion, teen courts are beneficial to young offenders. Jurisdictions across the country are using teen court as an alternative to the traditional juvenile justice system for their youngest and least serious offenders (Wilson, p. 15). It has been reported that teen court increases young offenders’ respect for the justice system and reduces recidivism by holding offenders accountable, starting with their first offense (Wilson, p. 15). Teen court are able to act more quickly and more efficiently than a traditional juvenile court (Wilson, p. 15). Teen courts teach peer justice, procedural justice, communication skills, deterrence skill building, and most importantly provides a safe environment for youth to be rehabilitated.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.