in a safe environment. Nevertheless, judicial systems vary from country to country, depending of the respective political, cultural, and historical situations. Such is the case for the judicial systems of Canada and the Republic of Belarus. Therefore, this paper will establish the similarities and differences between the structure and nature of the judicial system, the legal profession, as well as the structure and nature of the correctional systems of both countries. Additionally, this paper will
In America we have a complex system of courts that many do not understand, this is the same in many other countries too. There are many different types of court system you could have. There is Common Law, Civil Law, a mix of both and Islamic Law. America has a type of law called Common Law, which originally comes from England. This type just means that there are decisions by judges and courts. Another country with this law is Canada. When you look at the systems you can see how similar they are to
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
basic role of the Canadian court system is to deliver justice between two individuals or two individuals and the state. There are four levels of court in Canada. Provincial courts are the lowest in terms of power. They handle most of the day to day cases. The next court in terms of power is the provincial and territorial superior courts. These courts take care of the more serious crimes that are admitted into the system, and can also take appeals from provincial court judgments. Another that has
becomes severe and unsolvable simply by negotiation, two parties will go to court for better solutions. In Canada, we have 2 systems that run parallel: administrative tribunal and the court system. However, administrative tribunals are not part of the court system; instead they are independent government agencies which are established under legislation (either federal or provincial) to implement legislative policy. Unlike court where the judge makes decision based on common law, administrative tribunals
Legal systems of a country consist of written, or unwritten constitution, primary legislation enacted by a legislative body established by the constitution. And subsidiary bylaws made by a person or bodies given authority by the legislation to do so, customs used by courts by civil, traditional practices, or any other code of law. Criminal Procedure Differences between U.S Legal System and Canadian Legal Systems While both, Canada and the U.S initially used English common law system, their justice
The Canadian justice system is unique in the world. Two official languages (English and French) and two legal traditions (common law and civil law) co-exist within our system of justice. As Canadians, we are all responsible for understanding our rights and freedoms and our duties as members of society. Courts resolve disputes, and in doing so, they interpret and establish the law for all Canadians. Quebec is the only province with a civil code, which is based on the French Code Napoléon (Napoleonic
Specialized Courts: Do They Work? Ian, J, Martin 300389067 Department of Criminology, Douglas College CRIM 1100: Intro to the Criminal Justice System Dr. Aaen Ivers July 16, 2024. Traditional courts in Canada are strict and are often used to come to a general conclusion of many crimes committed in Canada but often do not often solve repeat offenders. Now imagine a court that is more individualized, problem focused and is meant to help the offender never commit the crime again, these are specialized
in Democratic state like Canada. “Constitutional Democracy can be defined as system of government based on popular sovereignty in which structures, limits and powers of government are set forth in a constitution. Whereas, as per Oxford dictionary a judge is defined as an officer with authority to decide cases in law court. In any country judicial system acts as the independent
contentious world of politics the actors at times find themselves at an impasse, unable to move forward between their conflicting visions. In these moments the courts may be asked to mediate between the different levels of government by providing constitutional or legislative advice. These scenarios can become perilous because since the courts must provide insight on issues that are political without stepping outside of its jurisdiction. Regardless of their dangers, however, I would argue that the reference
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
first, we need to decide the Canada’s current legal system stems from various European system by explorers and colonists. Also, to further explore this fact, we need to learn about the well-known Seven Years’ War “The Battle of the Plains of Abraham” (1756-1763) that took place between Britain and France? Finally, the Britain wins the battle and set out a legal structure for its new settlement in the Royal Proclamation of 1763. Since then, Canada has come only under English law, except for Quebec
allows individuals to practice follow there religious views and to practice them within the confounds of our society. If a section 2 A violation occurs that individual or group has the right to appeal the decision at various levels of the court system within Canada. There are tests such as the Amselem test to determine if the section 2 A is a reasonable infringement that had minimal impairment. Further a section a violation would have to pass tests outlined and created by the
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
Justice System Underfunding is the greatest Challenge that is faced by the Canadian Criminal Justice System. This paper will discuss the Police Forces aging population and the challenges to replace them when they retire, it will also look at the insufficient quantity of officers needed to investigate all crime. The underfunding of the legal aid program and the effects on the courts and family law will be discussed. Finally the effects of long-term underfunding of the countries prison system and its
came to Canada in 1981 as a visitor, didn’t leave Canada in time and after that had been illegally stayed in Canada for 11 years. She had 4 children before she came to Canada and had another 4 during her illegal stay in Canada. Later, she was diagnosed with paranoid schizophrenia and applied for social warfare since she couldn’t support herself financially. In 1992, Ms. Baker was deported by the government due to her illegal stay. However, she applied for her permanent residence outside Canada based
The Criminal Justice System and its agencies encounter challenges while trying to perform their daily activities. The system deals with laws involving criminal behaviour. It dwells on three major agencies: the police, courts, and the corrections. Each agency has its own specific and important roles to contribute to society. This paper will explain both the roles and challenges each agency unfortunately battles. Police officers have a substantial amount of responsibilities that are required to be
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 government only protects 18 out of 30 rights in the Universal Declaration and
Constitution to be upheld and followed, a national court was needed. Prime Minister Alexander Mackenzie and parliament enacted the Supreme Court Act which created a final Canadian Appeal Court and the Supreme Court of Canada which was composed of one Chief Justice and five puisne Justices (Iacobucci, 28). However, the number of Judges in the Supreme Court has risen to nine, which includes the Chief Justice. The Justices are chosen from throughout Canada “so that the judges would bring a rich diversity
time the lawyer has to gather information. In the Ewanchuk case, there are many ideologies about women that are reinforced by the court system by having many preconceived notions of women. The case was seen as a sexual act when it should of have been treated like a criminal act. Cases involving sexual assault/harassment play a big role in demonstrating how the court system dehumanizes women, the Ewanchuk being one of them. Rape myths associated with the Ewanchuk case and Canadian society play a huge