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Judicial Corruption: The Unheard Voices of the Innocent, the Impunity of the Guilty and the Judgements of the Corrupt
Rachel Boyd
Mr. Breaton
CLU3M
January 16, 2016
Boyd 1
“Corruption corrodes the fabric of society. It undermines people’s trust in political and economic systems, institutions and leaders.” Corruption can cause communities, systems and civilizations to fall apart. Currently, Canada experiences this detrimental phenomenon in its judicial system. The Canadian judicial system is corrupt in that many judges are willing to disregard the law and the rights of individuals in making their decisions, in that the judicial system itself can be seen to practice and perpetuate racism against marginalized
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This institutionalized racism is evidenced in cases such as that of an Indigenous man who was beaten by two other men. Another Indigenous man came to help the victim and in the process hurt one of the attackers. The Indigenous man who had come to help was sent to jail for assault, while the two original assailants were not penalized. The only way to understand and ultimately eliminate this issue in the judicial system is to look beyond the statistics and attempt to analyze the personal and systemic problems that make the statistics an actuality. “ Remedies … cannot be limited to individual attempts to effect a change, but must consist of comprehensive social action which acknowledges and addresses institutional and systemic racism.” Undoubtedly, the judicial system itself practices and perpetuates racism against marginalized groups, demonstrating corruption. Action attempting to cure systemic racism should also dedicate effort to solving this element of corruption in the justice system.
The methods of Canadian judicial appointment also demonstrate the corruption in the judicial system. According to the 2010 survey on good governance around the globe by the human rights group Global Integrity, “Canadian judicial
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http://www.courtofappealbc.ca/appeal-conviction-guidebook/step-1.2-reasons-for-appealing-your-conviction.
E.V., Transparency International. "Thank You for Donating toTransparency International!" Transparency International - What is Corruption? http://www.transparency.org/what-is-corruption.
Guillaume, Valerie. "A WORLD VIEW OF THE CORRUPT CANADIAN JUDICIAL SYSTEM." A WORLD VIEW OF THE CORRUPT CANADIAN JUDICIAL SYSTEM http://valerieguillaume.blogspot.ca/2012/01/world-view-of-corrupt-canadian-judicial.html
"Judges - Articles." Judges - Articles | Canadian Justice Review Board. http://canadianjusticereviewboard.ca/articles-caselaw/categories/judges.
McCullough, J.J. "Canada Is Corrupt When it Comes to Choosing Judges." The Huffington Post. 2014. http://www.huffingtonpost.ca/jj-mccullough/canada-judicial-appointments_b_5264567.html.
"Racism in the Justice System ." CRRF. http://www.crrf-fcrr.ca/images/stories/pdf/ePubFaShRacJusSys.pdf.
"Racism in the Justice System." Students exploring inequality in Canada. November 27, 2011.
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.
A Critical Analysis of Racism in Canadian Law and the “Unmapping” of the White Settler Society in “When Place Becomes Race” by Sherene H. Razack
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.
Publication bans have been a part of the Criminal Code since 1988. A publication ban is a court law that prohibits trial information from leaving the case. Since these bans were first introduced in Canada, they have become a very useful tool in Common Law. These bans have been frequently used over the years for many purposes including avoiding the risk of adverse consequences to participants and for more accurate trial procedures. Having publication bans are beneficial, in every which-way, than not. These bans contribute positively to the environment of law and most importantly, the society within. This essay will outline why the court should have the right to impose a publication ban in Canada. It will support the debate that if Canada wishes to build towards a reputation of having trials handled efficiently, then it should not change the nature of these publication bans. It will portray the importance of these bans through a thorough explanation of how the bans work, and two solid arguments of the cause on the society and environment. First, this essay will discuss basics of publication bans and how they work. Then, this essay will point out how publication bans contribute to trial fairness in the court. Finally, this essay will touch upon how publication bans protect victims and those involved in the trials.
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
...between them and the “Others,” though after 9/11 this “innocences” of living in an harmonious world was no longer due to the actions of the ‘terrorists’ (Street, 2003). The inquiry report on racial profiling from OHRC was serving a purpose to demonstrate anti-hegemony which delineates as the refusal to give permission to all that is wrong, encourage the knowledge of different cultures, and oppose to a single powerful group from ruling the system (Stand, 2014). Informing Canadian’s on racial profiling is a great start to raising consciousness, however knowledge is not everything. Knowledge without answers is only awareness and in order to change racial profiling individuals need direction. Perhaps OHRC could present a new report with answers to end racial profiling or at least where to begin, because with proper guidance racial profiling can be modified and destroyed.
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.
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.
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
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
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.
PREVIEW STATEMENT: I would like to show you today, how corruption could cripple the progress in South African societies by empowering criminal organizations and keeping the lower classes poor, and then I shall provide judicial solutions that revolve around empowering the public financially and legislatively to overthrow the tools of corruption. BODY I. First of all, one ought to recognize corruption as a real threat to political and economic structures in society in South Africa. A. “Transparency International's (TI) 2013 global Corruption Perception Index (CPI) shows that South Africa has dropped 34 places since 2001, with half the decline of 17 places occurring since 2009” (Newham, 2014). B. Corruption in forms of criminal organizations is often perceived as an illegal approach to gaining financial power which is intentionally committed to procuring services and benefits. C. The problem with South Africa is that its constitutional principles of accountability and its rule of the law are not firmly implemented, which allows the flow of illegal practices.