Influences From The Canadian Charter Of Rights And Freedoms

Canada might only be 148 years old, but its origin of law can be traced back nearly centuries ago. The rule of law dates back to 1215, when King John, in England, issued the Magna Carta. Magna Carta was essentially a document about judicial procedures. The rule of law is intended to be equal and protect individuals and that no one person is above the law. All persons are compelled, obligated, and liable by the law and are entitled to be protected by the very same law. Having ties with England over the course of history, Canada as adopted many standard principles from the English system. Along with the Magna Carta and other documents, the rule of law became the foundation of English law, which also laid the foundation for the Canadian (English-speaking)

legal system.

April 17, 1982 saw the Canadian Charter of Rights and Freedoms come into force (The Canadian Charter of Rights and Freedoms).

Influences from the English system and the Magna Carta can be seen in the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is the primary law of the land and guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crimes (Griffiths, 6). These rights and freedoms are outlined by Canadians, which believe is necessary in a free and democratic society. More so, the charter recognizes primary fundamental freedoms (e.g. freedom of expression and of association), democratic rights (e.g. the right to vote), mobility rights (e.g. the right to live anywhere in Canada), legal rights (e.g. the right to life, liberty and security of the person) and equality

rights, and recognizes the multicultural heritage of Canadians (The Canadian Charter of Rights and Freedoms). Canada’s legal system is a common law system, which was imported to Canada in the 17th and 18th centuries (Griffiths, 8). Common law originates from Europe and is based on judges in royal courts, making decisions based on the notion of precedent. Precedent is a judicial decision that may be used as a standard in subsequent similar cases. In addition to common law, Canada’s criminal law system consists of statute law and case law. Statute laws are written laws that have been enacted by a legislative body, such as the Parliament of Canada, while case law refers to law that is established by previous court decisions and based on the rule of precedent (Griffiths, 9).

The Canadian criminal justice system’s purpose is a very important part in maintaining a just, peaceful, and safe society. By doing so, the criminal justice system maintains public safety, enforces laws, and protects people’s rights all while abiding by the Canadian Charter of Rights and Freedoms. Canada has 4 main levels of criminal courts in which the court system is responsible for determining the innocence or guilt of an accused person. Nunavut is the only exception and consists of one level of court, the Nunavut Court of Justice. Within this one level court system, all judges can hear all types of cases. Aside from Nunavut, all other provinces and territories deal with 4 main levels of courts, which include: provincial and territorial courts, provincial and territorial superior courts, provincial and territorial appellate courts, and the Supreme Court of Canada (Griffiths, 147).

Almost all criminal cases begin and end in the provincial and territorial courts, which is the lowest level of courts in Canada. Recently, provincial and territorial courts has seen more serious cases, but in general, this level of court deals with less serious cases such as traffic violations and regulatory offences. This level of court also hears cases under the Youth Criminal Justice Act. Other examples of courts seen under this court system include small claims courts and family courts. In small claims court, people can settle their differences in cases worth up to $25,000 (Ministry of Justice). Family court is a court of law that handles cases involving domestic issues such as divorce and child custody, just to name a few. Provincial and Territorial Courts are administered by the provinces and territories and have judges who are provincially and territorially appointed (Griffiths, 148). This system hears preliminary hearings in serious cases to determine whether there is enough evidence for this case to go to trial. There are no juries within this level of courts. Juries are finders of facts, while the role of the judge is to interpret the law and instruct the jurors (Griffiths, 194). The jury ultimately decides the innocence or guilt of the accused person and the jury decision must be unanimous.

Provincial and Territorial Superior Courts are another level of the main 4 courts. Any type of superior court is the highest level of courts in a province or territory. In superior courts, judges are appointed and paid by the federal government (Griffiths, 155). Within superior courts, there are generally two levels: trial and appeal. In trial level courts, cases are heard and usually involve serious criminal offences. On the other hand, the appeal level superior court hears criminal and civil appeals. Juries may be involved in cases under the Provincial and Territorial Superior Courts. Murder is an example of a case that would be heard under this court. After a case has been decided at the trial level, the accused has the right to appeal the verdict or the sentence, or both, to a higher court (Griffiths, 155). There is only one court of appeal in each province and territory with the exception of Alberta and Quebec, these two provinces consist of two court of appeals. Appeal courts focus on reviewing decisions from lower level courts. In most cases, one judge deals with preliminary hearings; final hearings can be dealt with and decided upon 3 judges collectively.

Finally, the Supreme Court of Canada otherwise known as the “court of last resort,” hears cases from all provinces and territories and is located in Ottawa. This highest form of court was established under the Constitution Act (1867) (Griffiths, 156). The Supreme Court of Canada has judges who are appointed federally by the Prime Minister. Under the Supreme Court there is the Federal Court, which hears matters related to federal statutes, and the Federal Court of Appeal, which hears appeals and has some limited criminal jurisdiction. In addition to being Canada's court of final appeal, the Supreme Court performs a unique function.

Problem solving courts, or specialized courts, has recently developed and is an attempt to divert offenders with special needs from the criminal justice system (Griffiths, 149). Examples of specialized courts include, community courts, drug courts, and mental health courts. There are three main attributes of problem-solving courts. These attributes are to focus on underlying problems of offenders, victims, and communities, interagency and interdisciplinary collaboration, and accountability to the community (Griffiths, 149). The main focus of these attributes and to have problem-solving courts is one of the fundamentals in creating a restorative justice system. It is intended to improve functionality and lives of all people in the community.

In Canada, 4 main levels of policing are enforced. These levels include, federal, provincial and territorial, municipal, and First Nations. Along with the 4 main police forces, other police services are established such as the Canadian Pacific Police Service, which fulfills policing roles for its organization and in major urban centers, such as Montreal, Toronto, and Vancouver (Griffiths, 69). Other police forces include transit police, which provide security and protection of property and passengers on public transportation systems (Griffiths, 69). The first of the 4 main levels of policing is the federal police, which consist of the Royal Canadian Mounted Police (RCMP). RCMP recruits are all trained at a central location in Regina, Saskatchewan and then placed across the country in detachments. Duties of the RCMP include, federal policing, contract policing at the provincial, territorial, and municipal levels and international peacekeeping. Contract policing means the RCMP is in an agreement with the provinces and territories in which they are serving. RCMP officers are also not unionized (Griffiths, 70).

Next are the provincial police, which have 3 police forces under it. These 3 police forces throughout Canada include, the Ontario Provincial Police (OPP), the Sûreté du Québec (SQ), and the Royal Newfoundland Constabulary (RNC). The provincial police forces are responsible for policing rural areas and areas outside municipalities and cities. The third level of policing, municipal policing is responsible for enforcing the law within cities’ boundaries. Their jurisdiction does not go beyond these boundaries of a city. Municipal police officers enforce the Criminal Code, provincial and territorial statues, and municipal bylaws, as well as certain federal statutes, such as the Controlled Drugs and Substances Act (Griffiths, 71). Bylaws vary throughout municipalities. The largest police personnel in Canada are made up of the Municipal Police force.

Finally, First Nations Police, the 4th main police force, is on the rise and was created to control justice programs.

This force was created largely due to conflicts in the past as well as present day between the police and Aboriginal peoples. First Nations communities can negotiate agreements with other police forces such as the RCMP and OPP to meet basic needs for their communities. The province and territories along with the federal government usually split the cost of funding for the First Nations Police force. There are 3 major Aboriginal police forces in Canada, the Six Nations Police Service in Ontario, the Amerindian Police in Québec, and the Dakota Ojibway Police Service in

Manitoba.

In conclusion, Canada’s 3 main parts of the system, legislative (creating laws), adjudication (courts), and corrections (jails, prisons, probation and parole) are implemented to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent. The criminal justice system in Canada is the backbone to the law and order of society. Therefore, a strong, impartial and accountable criminal justice system, which protects the human rights of accused and victims, rich and poor, young and old alike, is the cornerstone of a just and impartial society.