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Canada’s legal system: the court system & the penal system

Canada’s legal system: the court system & the penal system. Chapter 11 SS11. The court system. Provinces are responsible for the administration of justice in Canada. Systems very from province to province.

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Canada’s legal system: the court system & the penal system

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  1. Canada’s legal system:the court system &the penal system Chapter 11 SS11

  2. The court system • Provinces are responsible for the administration of justice in Canada. Systems very from province to province. • Provincial supreme courts handle more serious cases – civil/ criminal cases (indictable offences). Lower courts deal with the less serious summary offences – criminal matters/family matters/youth matters/ small claims/ traffic & municipal by-law matters. • Once an individual is arrested by the police, the court system takes over. • Trials in the lower are generally heard by a judge or justice of the peace (JP’s).

  3. JP’s are civil servants who are given limited powers to hear & judge specific cases i.e. Traffic offences. • In the Supreme court of BC, the accused is either tried by a judge or judge by jury. • A jury is made up of adult citizens from the community. • Can appeal decisions from the lower courts to the higher court (error in law) • Highest court of appeal of criminal matters is called the Supreme Court of Canada. • They do not hear every case • In BC, the provincial cabinet, on the recommendation of the attorney general, appoints judges of the Provincial Courts.

  4. Judges • To ensure that they can give unbiased judgements, our laws ensure that judges are free from government influence or interference. • Therefore judges can only be removed by votes in both the House of Commons and the Senate.

  5. The supreme court of Canada • Has been the highest court of all legal issues in Canada since 1949. • Decides on constitutional issues and act as the final court of appeal for some criminal cases. • The governor general, on the advice of the prime minister, appoints the 9 members of the supreme court. • 3 of the 9 justices must be from Quebec. Traditionally, 3 others come from Ontario, 1 for the Maritimes, and 2 from the western provinces. If Quebec and Ontario “gang up” decisions will go their way. • Of the 9 the prime minister chooses 1 to the chief justice.

  6. No one can alter the decisions of the Supreme court, unless Parliament passes a constitutional amendment.7 provinces 50% of the pop of all provinces must approve such an amendment. • The entrenching of the Charter in the Constitution has made the decisions of the Supreme Court more important.

  7. The penal system • If a person was found guilty, the judge has different sentences to hand out: pay a fine to the court, make some kind of restitution to the victim; performing hours of community service; or serve time in prison. • Life in prison = 25 years without the chance of parole. • Purpose of the corrections system in Canada is to protect society by controlling dangerous individuals and helping offenders to be law-abiding citizens.

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