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Stress and Justice: A Special Experience of Attending a Court Trial in Canada
With the high-speeded development throughout the centuries, most countries have developed a complete justice system for the improvement of public security, the prevention of crimes, and the consequences for breaking the laws. Despite that different countries have established their own systems and laws, the courts are still playing as an important role by providing a platform for settling conflicts between individuals or between individual and the government and companies, administrating justice with a fair approach, and maintaining the laws and the stability of society. For defendants, the court is a place to defense themselves and face up to the consequences for
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The Provincial Court handles various areas, such as criminal, youth, and traffic cases, and combines several short proceedings in the same court room. The Court of Queen’s Bench deals with divorce, adoption, and disputes relate to damage, money and estates, and it is also focused on some closed cases that are in long proceedings. For this project, I have visited to the Red Deer Courthouse on October 6, 2017 at 10am. Firstly, I have attended the Provincial Court in room 101, with three different short-proceeded cases; and then I went into the Court of Queen’s Bench in room 202 with the hearing of a family issue. Although this is the first time of visiting a Courthouse in Canada, there are some unexpected aspects while comparing with my previous experience of being in the High Court of Hong Kong. This reaction paper will focus on the personal experience in the Red Deer Courthouse, a comparison of the Courthouse among Canada and Hong Kong, some interesting discoveries about stress among different people in the court trial, and the relationship between stress and …show more content…
Based on my previous experiences of visiting a Courthouse in Hong Kong, I did not bring a lot of personal belongings with me and wore all black as my dress code. At the entrance, I had to go through a security check before getting into the lobby, which is like those at the airport. The overall atmosphere was dignified and serious, and the instructions were clear. The employees in the office were kind and helpful for providing information. Also, there was an electronic screen on the left side of the lobby, which has provided the schedule of that day, the time and the room number for the trial. There were just a few people when I was there, they were chatting quietly in front of the court room. Some of them looked calm while some looked stressful from their facial
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.
One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.
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.
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries. Juries are a random, unbiased selection of people who will be asked to sit in a trial and decide a verdict of guilty or not guilty. The Canadian Charter of Rights and Freedoms guarantees that “a person accused of criminal activity ‘has the right
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
Cole, D. P. (2008). A Day in the Life of a Judge. In Criminal Justice in Canada: a Reader (3rd ed., pp. 59-75). Toronto: Thomson Nelson.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
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.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In this essay, I will explain how I experienced a courtroom visit and the important issues are learnt from the visit.
On January 25, 2018, I traveled to the Provincial Court of British Columbia in Victoria. I personally observed one case of Criminal Remand as well as multiple cases in Family Court. I learned a lot as this was my, first impression and experience within any criminal Canadian courthouse. I learned so much information that was provided by Regional Coordinator, Tanya Driechel and a lawyer from the courthouse. They were full of information about the significant cases to them, levels of court, but also courthouse etiquette.