Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Faults in the Canadian justice system
Faults in the Canadian justice system
Capital punishment cases in canada
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Faults in the Canadian justice system
The Evolution of the Canadian Criminal Code
The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government to help accommodate the numerous laws that have been applied to Canadian citizens. The history of homicide in the Criminal Code has evolved from having no degrees of murder in 1892 to having three types of culpable homicide (Leyton). The Canadian Criminal Code has changed over the years to accommodate the needs of changing times, such as amendments for gun control and the elimination of the death penalty.
In 1892, the Criminal Code of Canada was established, copying much of the English 1878 bill. “The Canadian Criminal code which copied the English bill of 1878 has been revised numerous times to accommodate the needs of the Canadian citizens” (Monroe). At that time there was no distinguishing between different types of murder through degrees of severity, because the punishment for every type of murder was the death penalty, and manslaughter was a life sentence in prison (Designs).
In 1955, a major reform was carried out and the Canadian Criminal Code was reduced from 1100 sections to only 753. The president of the Law Reform Commission of Canada did this major reform and noted, "It is too complicated. It is too illogical. It is poorly organized. It is not comprehensive and it is too intrusive. We deserve a Criminal Code that is modern, simple, logical, coherent, comprehensive, organized, understandable and restrained" (“What ”). One of the advantages of the reform was the addition of a constitutional principle that no person was to be convicted of an offense unless it had been provided specifically for in a statute. Even though the reform brought many new changes, the Criminal Code was not fully revised because in 1961 there were other changes done to the Code. In this change, the code included degrees of murder and divided the murders into capital and non-capital murder. The punishment for capital murder was death, while non-capital murder was punishable by life in prison (Leyton).
Capital murder was categorize...
... middle of paper ...
...s well as other countries, Canada uses the lethal injection and the electric chair as methods of punishment, although the lethal injection is by far the most common. Indeed the laws for Canadian citizens have changed numerous times over the years to help them accommodate the changes in their nation.
Works Cited
Bralove, Alisa. “ Mass murder to get new sentence.” Dolan Media Newswire.
09 September 2003: Page 1.
Designs, Alissa. “The History of Homicide in the Criminal Code.” Victims Of Violence. Online 13 October 2003. < alissa’sdesigns@rogers?subject=victims%200f%20violence.com>
Dessert, James. “Criminal Timeline of Canada.” Canada's Criminal Code: A History. Online. Internet. 11 October 2003.
Garibay, Maria D. Personal Interview. 16 October 2003.
Geter, Peter. “ Murder of Crying baby was premeditated.” Daily Record. 23 June 2003: Page 1.
Leyton, Elliott. “ Homicide.” Canadian Encyclopedia. 1998 Ed.
Monroe, Susan. “Criminal Law.” Criminal Timeline of Canada. Online. Internet
09 November 2003.
“What is first-degree murder?” World Wide Information Association. Online. Internet. 09 November 2003.
In June 2014, Justin Bourque was charged with three counts of first-degree murder and two counts of attempted murder after shooting three RCMP officers and wounding two others in Moncton, New Brunswick (Chronicle Herald 2014). He was subsequently convicted and sentenced to life in prison with no chance of parole for seventy-five years (Chronicle Herald 2014). Bourque’s sentencing is unprecedented and is the longest sentence in Canadian history (Chronicle Herald 2014). A Canadian judge has not given a harsh a punishment since the final executions in 1962 (Chronicle Herald 2014).
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.
Buckman, Adam. “Following Footsteps of a Killer.” New York Post (Nov. 2002): 124: Proquest. Web. 28 Feb. 2014
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 ...
This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
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.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
Berns, Walter. "Getting Away With Murder." Commentary 97.4 (1994): 25. MAS Ultra - School Edition. Web. 14
In the featured novel “Crimes of colour: racialization and the criminal justice system in Canada” the authors, Wendy Chan and Kiran Mirchandani illustrate their view points of Canada`s Criminal Justice System and how race and crime are connected. The first chapter, “From Race and Crime to Racialization and Criminalization,” addresses the connection that ‘race’ in Canadian Criminal Law is not really defined but rather it is viewed as a ‘trait’ possessed by individuals and groups (12). The authors want to argue the shift from “race” to racialization and “crime” to “criminalization”. They want to focus on the process of race and “highlight the historical influences of colonization and conquest in shaping the ideological frameworks developed around categories of race” (12). This concept of racialization allows one to understand racial meanings and other social forces like political, economic, religious factors. Also defines groups that were not previously defined as ‘races’ are now are able to consider the various
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
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, the Law Reform Commission of Canada acknowledged a proposal that was never picked up on.... ... middle of paper ... ...
Improved economy helped Canada’s rate of crime decrease since the 1990’s but different evidence suggests that methods used in response to serious crimes during that time may have influenced the crime trends. The Constitution Act of 1867 contains the authority to enact criminal laws and procedures to be followed by the federal government (Welsh & Irving, 2005). First enacted in 1892, the Criminal Code, continually revised, is used for setting out two main categories of offense: indictable and summary conviction, indictable being homicide and robbery, more serious kinds of crime with involved trials (Welsh & Irving, 2005). Canada is also known for its Royal Canadian Mounted Police (RCMP) and these police ...
Law Reform Commission (2001), Consultation Paper on Homicide: The mental element in murder. http://www.lawreform.ie/_fileupload/consultation%20papers/cpMentalElementinMurder.pdf. Accessed at 6/11/10.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.