Judicial review in Canada refers to the power of the courts, specifically the Supreme Court of Canada and provincial superior courts, to review the constitutionality of laws and regulations. This power is taken from the Canadian Constitution, including the Charter of Rights and Freedoms, which serves as the supreme law of the land. Through judicial review, courts can invalidate laws or government actions that are found to be inconsistent with the Constitution. Judicial activism in Canada refers mainly to the tendency of judges to interpret the law broadly and to actively shape legal principles and social policy. Activist judges in Canada may interpret the Charter of Rights and Freedoms, in a manner that expands individual rights and liberties, …show more content…
On the other hand, the provincial and territorial governments have jurisdiction over areas that are more localized and relate to the day-to-day lives of people within their respective regions. These areas of provincial/territorial authority include: education, healthcare, property and civil rights, natural resources and the environment, transportation and infrastructure within the province/territory, provincial/territorial taxation, administration of justice, including policing and courts, municipal institutions, and local governance. Additionally, there are some areas where both levels of government may have jurisdiction or overlapping responsibilities. In these cases, the federal and provincial/territorial governments may each enact laws within their respective areas of authority, but federal law prevails in the event of a …show more content…
The Gladue principles emphasize consideration of: Recognition of Historical and Systemic Factors: Judges must consider the impact of colonization, residential schools, intergenerational trauma, and other factors that have contributed to the marginalization of Indigenous peoples in the criminal justice system, Individualized Sentencing: Judges should consider the unique background and circumstances of the Indigenous offender, including their personal history, cultural identity, community connections, and the availability of culturally appropriate alternatives, Restorative Justice and Rehabilitation: Sentencing should prioritize restorative justice principles, which aim to address the harm caused by the offense, offender into their community. The Gladue principles recognize that traditional sentencing practices, which may prioritize punishment and deterrence, may not effectively address the underlying causes of Indigenous offending, or contribute to reducing recidivism rates among Indigenous
Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and freedoms to some extent depending on the situation.
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.
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
The next important principle of the Canadian Constitution is the judicial review. The judicial review is the power of the executive branch of government (Dyck 12). Essentially, the judicial review states that any law that the government makes, can be struck down by the Supreme Court if it violates the Canadian Constitution (Dyck 401). This is a prime example how the judicial review protects the rights of
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
Aboriginal female inmates are not treated fairly since there is stigmatization attached to them, this becomes a challenge to the offender since they may not receive equal treatment (Debra Parkes & Kim Pate, 2008). Aboriginal female inmates are also seen as deserving for victimization since they are dependent on drugs (Dell & Kilty, 2012). The marginalization Aboriginal women face can also determine their reintegration and quality of program.
Different states have various ways of ruling and governing their political community. The way states rule reflects upon the political community and the extent of positive and negative liberty available to their citizens. Canada has come a long way to establishing successful rights and freedoms and is able to do so due to the consideration of the people. These rights and freedoms are illustrated through negative and positive liberties; negative liberty is “freedom from” and positive liberty is “freedom to”. A democracy, which is the style of governing utilized by Canada is one that is governed more so by the citizens and a state is a political community that is self-governing which establishes rules that are binding. The ‘Canadian Charter of Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
The Prime Minister of Canada is given much power and much responsibility. This could potentially create a dangerous situation if the government held a majority and was able to pass any legislation, luckily this is not the case. This paper will argue that there are many limitations, which the power of the prime minister is subject too. Three of the main limitations, which the Prime Minister is affected by, are; first, federalism, second the governor general and third, the charter of rights and freedoms. I will support this argument by analyzing two different types of federalism and how they impact the power of the Prime Minister. Next I will look at three of the Governor Generals Powers and further analyze one of them. Last I will look at the impact of the charter from the larger participation the public can have in government, and how it increased the power of the courts.
Bopp and Bopp (2007: 45) argue that the tendency of making use of uniform strategies in restorative justice loses values and often overlooks the heterogeneity of identities as well as the experience of the native people. This means that it is important to acknowledge the differences amongst the aboriginal people. It is evident that the use of retributive model of justice has been used in many of the corrections in Canada. Despite that, this method has not been effective in reducing crime amongst the aboriginal people.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst Canada’s Aboriginal population who have long been subject to over-policing and persistent overrepresentation as offenders in the Canadian criminal justice system (Jiwani & Dickson-Gilmore, 2011, p.43 & 81).
Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
The Canadian justice system is organized into the police, courts and prisons (Goff, 2013, p.295). When a crime is committed it is up to the justice system to insure that justice is served.