Chapter11 11/05/2004 9:04 AM Page 270 Canada’s Legal …270 Unit II Government and Law T he...

270 Unit II ■ Government and Law

The Supremes, by Charles Pachter, 1986. Thisserigraph (silkscreen lithograph) is the artist’s vision ofjudges in the highest courts in the land. Pachter is apainter, sculptor, printmaker, designer, lecturer, andhistorian. He is renowned for producing art that iscontemporary and witty yet serious.

Expressing ideas What is your opinion of the title forthis piece? What do you think the artist is saying aboutSupreme Court judges?

Canada’s Legal System

FOCUS ON

• What is the principle ofthe rule of law?

• What is the differencebetween civil law andcriminal law?

• What are the origins ofCanadian law?

• What are Canadians’legal rights under theCharter of Rights andFreedoms?

• How is the Canadianlegal system structured,and how does it function?

• What is the purpose ofthe Canadian penalsystem?

• How may AboriginalCanadians’ problems withthe justice system beaddressed?

• What are the majorprovisions of legislationregarding youth crime?

• What are some of themost critical legal issuesfacing Canadians today?

Counterpoints Issue

• Should Canada reinstatethe death penalty formurder?

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Chapter 11 ■ Canada’s Legal System 271

Introduction Laws influence almost everything we do in ourdaily lives. For example, they affect our educa-tion, the foods we eat, the entertainment we see,the minimum wage we must be paid at a job, andour conditions of work. Laws also regulate busi-ness conduct, trade, immigration, and even thegovernment itself.

Laws spell out the rights, privileges, and pow-ers we enjoy as citizens and balance them withthe duties expected of us. They protect our livesand property from criminal conduct. We, in turn,must agree to behave responsibly towards othercitizens and towards society. In other words, alongwith our rights come responsibilities. For exam-ple, if we did not all agree to drive at about thesame speed on the right-hand side of the road andobey traffic signs, we would soon have chaos onour roads. Without responsibilities, we would soonhave no rights.

Canadian laws also reflect the values that wehold in common. As a society, we choose to havelaws that protect children, workers on the job, theaged, and minorities. Our laws also recognize andprotect basic rights and freedoms. Perhaps mostimportant, we have the right to oppose laws thatwe feel are unjust and to work to change the lawby legal means.

Laws have to be made, enforced, and applied.For this we have legislatures to make the laws (aswe saw in Chapter 9), police forces to enforcethem, a system of courts to interpret them, andprisons to carry out the sentences of the courts.Together, these make up the Canadian justice sys-tem. In this chapter, we will look at the justicesystem, as well as examine the debate over capi-tal punishment. We will also look closely at someof the alternatives to incarceration for less seri-ous crimes. We will examine issues surroundinglegislation aimed at young offenders, and thenconsider how the new information technologieshave affected the justice system.

Figure 11-1 These headlinesare examples of the role of thelegal system in everyday life inCanada. Newspapers acrossCanada report daily on legaldecisions and instances wherelaws and regulations havebeen broken. For our societyto function as it does, werequire citizens to know thatcertain laws exist, and that tobreak these laws can result inaction by the state.

Expressing ideas Which ofthese headlines report oninstances of law-breaking?Why do newspapers report onthese instances? Which ofthese headlines report onactions of law enforcers?

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The Rule of LawWe are lucky to live in a country that observes therule of law. This means that we are governed bya fixed set of laws that apply to all people equally,regardless of their position in society. What’s more,police can only charge an individual for a specificoffence, and then only by following proper legalprocedures.

A great symbol of the rule of law is the MagnaCarta. King John of England signed this docu-ment, dated 1215, under pressure from the Britishbarons. Later generations applied the Magna Cartato guarantee many rights for British citizens, in-cluding trial by jury and habeas corpus (the rightto be brought before a court soon after arrest andreleased if the judge finds there is no legal charge).

The legal protections Canadians enjoy are inshort supply in many places in the world. Somecountries have harsh and unfair laws, with policeor the army handing out punishments as they seefit. There, citizens cannot expect a fair trial, orperhaps any trial at all. They may not even be toldwhy they are being held in custody.

Those who make the laws are also subject tothe rule of law. The Constitution of Canada is thesupreme law of Canada. It defines and limits thelegal powers of the lawmakers. As part of theConstitution, the Charter of Rights and Freedomstakes precedence over any laws passed by any gov-ernment in Canada. It protects the fundamentalfreedoms of Canadians and guarantees their de-mocratic, mobility, legal, equality, and languagerights. The Charter does recognize, however, thatthese rights and freedoms have limits. Section 1states that they are subject “to such reasonablelimits as can be justified in a free and democraticsociety.”

The Main Categories ofLawThe two main types of law in Canada are civil lawand criminal law. Civil law deals with relation-ships between individuals or groups. Criminallaw deals with matters that affect society as a

whole. Criminal acts are considered to be com-mitted against the state, not just against individualvictims.

Civil LawCivil law cases usually involve disputes over con-tracts, property, or personal relationships. Propertycan be physical (possessions), intellectual (ideas),or creative (artwork). Civil suits can arise oversuch things as neighbours disagreeing over prop-erty damage, accident victims seeking compen-sation for injuries, or child custody in a divorcecase. The person who claims to have sufferedharm, loss, or injury to self or property is calledthe plaintiff. He or she sues the alleged wrong-doer, called the defendant.

Deciding on the ownership of a physical pos-session is often difficult. But it can be even harderto assess ownership of creative property, as thefollowing case demonstrates.

Case 1

Neudorf versus McLachlan

The well-known singer Sarah McLachlan was sued inVancouver in 1998 for copyright infringement and breachof contract. The case was brought by Darryl Neudorf,the former drummer with the band 54-40, who claimed

Criminal Law

Murder

Assault

Kidnapping

Theft

Riots

Firearms

Hijacking

Sexual offences

Youth offences

Drug offences

Figure 11-2 Examples of criminal and civil law issues.

Civil Law

Defamation of character

Trespassing

Contracts

Tenant and landlord disputes

Injuries occurring on privateproperty

Product warranties

Advertising

Compensation for injuries

Divorce and child custody

Sales contracts

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Neudorf contributed suggestions to simplify or enhanceexisting tunes, but denies he ever co-wrote with her.Songwriting, testified McLachlan, is a lonely processthat “involves playing for hours and hours, working outthings in my head and singing ideas to myself.” Afterhearing all the evidence, the judge ruled in McLachlan’sfavour.

A C T I V I T I E S

1. Make a list of what you consider your “rights.”Alongside each right, describe a responsibility thatright entails. For example, the right to free speech en-tails the responsibility of not spreading unflatteringlies about other people. (This is called slander, and itis against the law.)

2. Imagine you are writing a letter to a friend in anothercountry. Explain the meaning of “the rule of law,”and give examples of aspects of our system thatshow we are governed by the rule of law.

3. a) How does Case 1 illustrate the difficulties of giv-ing credit for creative collaboration?

b) With a partner, discuss what criteria you thinkshould determine ownership of creative propertysuch as songs. At what point should someonebe credited as a co-writer? Make a list of ques-tions that could be used as guidelines in such de-cisions.

Criminal LawMost criminal laws are contained in the CriminalCode of Canada, which was passed by federalParliament in 1892. The Code has been amendedmany times but remains essentially in its originalform to this day.

Breaking a criminal law is considered to be awrong against Canadian society. For this reason,criminal cases are carried out in the name of theCrown (identified as R or Regina, the Latin wordfor queen). Lawyers representing the Crown arecalled the prosecution; those representing the ac-cused person are called the defence. Only the fed-eral government can make criminal laws, althoughthe provincial governments help to administerthem.

Figure 11-3 An optimistic Sarah McLachlan leaves aVancouver courthouse during her civil trial.

that he co-wrote four of the songs on McLachlan’s best-selling 1988 debut album, Touch. The album was orig-inally expected to sell only a few thousand copies, butover 600 000 have since been sold. Neudorf told thecourt that McLachlan “took all the credit for herself; myfeelings were hurt.” He was credited on the album forpreproduction, coordination, production assistance, andinspiration. He wanted credit and payments for whathe claimed were collaborations.

McLachlan testified that Nettwerk Studios inVancouver had brought in Neudorf and others to pro-vide technical assistance and speed up the develop-ment of the album. She said he imposed discipline onher schedule and helped her to focus. However, sheclaimed his job was not to co-write songs: “That wasnever brought up.” McLachlan acknowledged that

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The following criminal case was heard in theBritish Columbia Supreme Court, in 1999.

Case 2

Regina versus Julia Campagna

On May 30, 1998, an American woman named JuliaCampagna smashed her car into another car in Canadanear the Peace Arch border crossing. The driver andpassenger in the other car, Monique Ishikawa, nine-teen, and Kimberley Brooks, eighteen, died instantly inthe accident. Campagna was charged with driving dan-gerously and causing the deaths of the two teenagers.

Campagna admitted to crashing into the car, butclaimed that she was not criminally responsible. She had been taking an over-the-counter hunger-suppressant drug called Xenadrine at the time of theaccident, which she claimed made her suffer fromdelusional symptoms.

The prosecution argued that she should be foundguilty of manslaughter. Furthermore, they claimed thatbecause of a history of mental illness within her fam-ily, Campagna could suffer a mental relapse and onceagain pose a danger to others.

Justice T.M. Singh found Campagna to be men-tally unstable at the time of the accident. However, hegave her an absolute discharge without conditions.Justice Singh cited a Supreme Court ruling from June1999, which states that people found not criminally re-sponsible because of a mental disorder should not be re-stricted or punished unless the evidence suggests theypose a danger to society. As he believed that the ac-cused was not a risk to society, Judge Singh did noteven require Campagna to visit a psychiatrist for twoyears, as the Crown had requested.

Canada’s Legal TraditionExcept for Quebec, where the civil law is based onthe French Code Napoléon, Canada’s criminal andcivil law have their origins in English commonlaw and statutory law. The common law wasbased on the decisions of judges in the Britishroyal courts. It is a system of rules based on pastdecisions, or precedent. The fact that it exists onlyin past decisions makes common law unique.However, this approach also makes it flexible and

Figure 11-4 The three basic elements of criminal law.

1. Presumption of Innocence

Anyone charged with a criminal offence ispresumed to be innocent until proven guilty.The prosecution must prove guilt; the de-fence does not need to establish innocence.

2. The Criminal Act

In order to prove guilt, the prosecution mustestablish that the accused has committed anact that is considered a crime under Canadianlaw.

3. Mens Rea

The prosecution must show that the accusedintended to commit a criminal act. This iscalled mens rea, or “the guilty mind.”

Figure 11-5 A statue depicting Justice.

Developing understanding Why would artistschoose to portray Justice with a blindfold and scales?With a sword? As a woman?

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only to that province. It is based on Roman law,which codified (arranged) laws into a single bookto avoid confusion. Courts in Quebec first lookto the Quebec Civil Code, and then refer to pre-vious decisions for consistency.

A C T I V I T I E S

1. How do criminal and civil law differ? What are thebenefits of dividing the law in this way? Select twoexamples of civil laws. Explain why you think eachshould or should not be a civil law.

2. a) Name the three basic elements of criminal lawin Canada, and explain how each protects therights of the accused.

b) Explain how each of the three basic elements ofcriminal law figured in the case of R v. Campagna.Which of the three do you think led to contro-versy about the judgement in this case? Explainyour answer.

c) Some people felt that the sentence in this casewas not just. With a partner, role-play a discus-sion between a person who agrees with JusticeSingh and a person who disagrees. In your dia-logue, explore the difference between the emo-tional concept of “justice” and the more rigidconcept of “the law.”

3. Explain how common law works. What is the mainadvantage of this system?

The Charter of Rights andFreedoms

Legal Rights of the IndividualCanadians have their legal rights guaranteed bysections 7 to 14 of the Charter of Rights andFreedoms. These rights cannot be taken awaywithout a proper legal process. Many of theCharter cases before the courts are attempts tosettle situations where the Criminal Code con-flicts with individual rights and freedoms. A land-mark case in protecting the legal rights of theaccused occurred in 1986, shortly after theCharter came into effect.

The Canadian Justice System

• Police make arrest OR• Individual files civil suit

ENFORCEMENT

• Federal and provincial legislatures pass bills that become laws

LEGISLATION

• Verdict rendered

COURTS

Appeal Courts

CORRECTIONS

• Prison term• Probation• Fine and compensation

DISMISSAL

Habeas Corpus• In criminal cases, a pre-trial hearing

determines whether there is enough evidence for a trial

Guilty / in favour of plaintiff

Not Guilty / in favour of defendant

Figure 11-6 The Canadian Justice System.

adaptable to changing circumstances. Commonlaw is used in most countries that were once partof the British Empire.

Statutory law is set out in acts of Parliament.While most of our criminal laws are in theCriminal Code, other federal acts also outlinecriminal laws. Some examples include theNarcotics Control Act, the Fisheries Act, and theYouth Criminal Justice Act.

The civil law system used in Quebec comesfrom a quite different legal tradition and applies

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Case 3

Regina versus Oakes

David Oakes was convicted in court of possession ofnarcotics. After his conviction, Oakes brought a motionchallenging section 8 of the Narcotics Control Act. Thatsection says that if someone is charged with possessionof a narcotic, the onus is on the accused person to provethat he or she was not intending to sell it. If the ac-cused fails to do so, the court assumes that he or sheis guilty of trafficking. Oakes claimed that the law as itstood violated his right under section 11(c) of the Charterto be presumed innocent until proven guilty.

Eventually, the case came to the Supreme Court,which ultimately agreed with Oakes. The court declaredsection 8 of the Narcotics Control Act unconstitutional,which meant that section could no longer be enforced.

The Rights of Law EnforcersThe powers of police to arrest and question sus-pects, seize evidence, and conduct searches havebeen steadily reduced since the introduction ofthe Charter in 1982. Some people argue that thisis necessary to protect the rights of citizens.Others maintain that it severely restricts the abil-ity of the police to carry out their duties.

The courts have also strongly upheld the rightsof those held or arrested by the police. Prisonershave the right to know the reason for their arrestand to have a judge decide if they are being heldlegally. They also have the right to contact a lawyer,and the right to a speedy trial. To make sure thataccused people are fully aware of their rights, po-lice officers carefully read them the followingstatement when they are arrested:

I am arresting you for…. It is my duty to informyou that you have the right to retain and instructcounsel in private, without delay. You may call anylawyer you want. There is a twenty-four-hour tele-phone service available which provides a legal aidduty lawyer who can give you legal advice in pri-vate. This advice is given without charge, and thelawyer can explain the legal aid plan to you. If youwish to contact a legal aid duty lawyer, I can pro-vide you with a telephone number. Do you un-derstand? Do you want to call a lawyer?

Figure 11-7 Legal rights of Canadians under the Charterof Rights and Freedoms.

Excerpt from the Charter

7. Everyone has the right to life, liberty, andsecurity of the person.

8. Everyone has the right to be secureagainst unreasonable search and seizure.

9. Everyone has the right not to be arbitrarilydetained or imprisoned.

10. Everyone has a right on arrest or deten-tion:

a) to be informed promptly of the reasons

b) to retain and instruct counsel withoutdelay and to be informed of that right

c) to have the validity of detention vali-dated by way of habeas corpus.

11. Any person charged with an offence hasthe right:

a) to be informed without unreasonabledelay of the offence

b) to be tried within a reasonable time

c) to be presumed innocent until provenguilty

d) not be denied reasonable bail

e) to the benefit of trial by jury for maxi-mum punishments of five years ormore

f) if finally acquitted of an offence, not tobe tried for it again.

12. Everyone has the right not to be subjectedto any cruel or unusual punishment.

13. A witness who testifies in any proceedingshas the right not to have any incriminatingevidence so given used to incriminate thatwitness in any other proceedings, exceptin a prosecution for perjury or for the givingof contradictory evidence. [Evidence that awitness gives in one case cannot be usedagainst that witness in another case, un-less the witness lies or contradicts the evi-dence.]

14. A party or witness in any proceedings whodoes not understand or speak the lan-guage in which the proceedings are con-ducted or who is deaf has the right to theassistance of an interpreter.

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A C T I V I T I E S

1. Which three legal rights protected in sections 7 to14 of the Charter do you think are the most impor-tant? Defend your choices.

2. Imagine you are writing the headline for a newspaperabout the Oakes case. Ensure that your headline(and any subheading) conveys to the reader the basicinformation about the case and its importance.

3. In what areas have the powers of the police beenrestricted since the introduction of the Charter? Howwould you respond to those who argue that these re-strictions interfere with the ability of law enforce-ment officers to carry out their duty?

4. List reasons for and against setting up a BritishColumbia provincial police force.

The Court System

Provincial CourtsThe provinces are responsible for the administra-tion of justice in Canada. As a result, court sys-tems vary from province to province. In general,provincial supreme courts handle more seriouscases, called indictable offences, while less se-rious summary offences are handled by lowercourts.

Figure 11-8 The police have primary responsibilityfor enforcing the laws of Canada. In British Columbia,centres such as Vancouver, Victoria, and somesmaller communities have municipal police forces,while the RCMP patrols the rest of the province. Thisarrangement is similar to that in most provinces,although Ontario and Quebec maintain their ownprovincial police forces.

Figure 11-9 The British Columbia court system hasthree levels. Less serious criminal and civil cases areheard in provincial courts in many communitiesthroughout the province. More serious cases comebefore the Supreme Court of British Columbia. TheAppeal Court of British Columbia is the highest court ofappeal in the province.


Source: Law Courts Education Society.

Criminal Matters

Judge with no juryJudge

or justice of the peace

Conducts civil and criminal jury and non-jury trials. Sits in the eight judicial districts across B.C.

Not a trial court. Hears appeals from lower courts. Sits in Vancouver, Victoria, Kamloops, and Kelowna.

FamilyMatters

YouthMatters

SmallClaims

Traffic and

Municipal By-law Matters

Supreme Court of B.C.

Appeal Court of B.C.

Provincial Court

Structure of the Court System in British Columbia

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I n n o v a t i o n s

DNA: Changing the Nature ofEvidence

The law gives the police certain powers toobtain DNA samples from suspects inviolent crimes but has not allowed them todevelop a national DNA bank, as they haverequested.

Some people worry that juries may beso awed by the scientific nature of DNAtesting that they ignore other evidence.There have already been cases wheremistakes made in the laboratory have ledto false evidence. And as investigators findmore uses for DNA in solving crimes,forensic laboratories are finding they haveincreased workloads, which may causethem to rush procedures and make errors.

Since the discovery of the technique in the1980s, DNA matching has becomestandard procedure for Canadian policeforces. Deoxyribonucleic acid (DNA)contains an individual’s genetic code. It ispresent in even small amounts of skin, hair,blood, or other bodily fluids, and acts like agenetic fingerprint. Apart from identicaltwins, the chances of two people havingthe same DNA are ten billion to one. DNAcan give investigators the evidence theyneed to link a person to a crime scene.

DNA evidence has helped to solvepreviously unsolved crimes and free thosewho have been falsely accused orconvicted. For example, almost thirty yearsafter two young mothers were found shotto death in their homes in separate killings,a DNA sample that matched evidence fromthe crime scenes resulted in first-degreemurder charges against one man. These1970 murders were two of the oldestunsolved cases to come to trial in Canada.

Some criticism has been directed at theways police can obtain DNA samples forevidence and the processing of thosesamples. Canada now has a law regulatinghow DNA should be obtained and handled.

▼

Once an individual is arrested by the police,the court system takes over. Trials in the lowercourts are generally heard by a judge or by a justiceof the peace. Justices of the peace are civil ser-vants who are given some limited powers to hearand judge specific cases such as traffic offences.

In the Supreme Court of British Columbia,the accused is tried by either a judge or a judgeand jury. A jury is made up of adult citizens called

at random from the community. It is a moral andlegal duty to serve on a jury if you are called. To betried in an open court by a jury of our fellow cit-izens is one of the fundamental legal safeguardswe enjoy as Canadians.

Another safeguard in our system is that wecan appeal the decisions of lower courts to ahigher court. The grounds for appeal are usuallythat an error of law was made in the conduct of

A jubilant Guy Paul Morin is shownhere, after his acquittal in the murderof a nine-year-old girl. He spentseveral years in jail before beingcleared by a DNA test. ▼

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the trial. The highest court of appeal for criminalmatters is the Supreme Court of Canada; how-ever, the Supreme Court does not agree to hearevery case that is brought before it.

Judges have the responsibility for interpret-ing and applying the laws of Canada. In BritishColumbia, the provincial cabinet, on the recom-mendations of the attorney general, appointsjudges of the Provincial Court. Judges of theSupreme Court of British Columbia and the Courtof Appeal are appointed by the federal Cabinet, onadvice from the minister of justice.

Judges are expected to avoid commentingpublicly on politics and controversial issues. Toensure that they can give unbiased judgements,our laws ensure that judges are free from govern-ment interference or influence. For this reason,judges can be removed from the bench only byvotes in both the House of Commons and theSenate. Many Canadians do not agree with thissystem. A controversial comment by a judge, orthe release of a prisoner who later commits acrime, usually brings a flood of criticism of thepresent system and calls for reform. The alterna-tives most often suggested are for a more openselection process, fixed terms of office, or theelection of judges.

The Supreme Court of CanadaThe Supreme Court of Canada has been the high-est court for all legal issues in Canada since 1949.It decides on constitutional issues and acts as thefinal court of appeal for some criminal cases. Thegovernor general, on the advice of the prime min-ister, appoints the nine members of the SupremeCourt. The minister of justice encourages lawyersand other judges to recommend appointees. TheCanadian Bar Association’s national judiciary com-mittee assesses the names put before them, andmakes recommendations for suitable candidates,based on their service to the legal system and tothe people of Canada.

Three of the nine justices must be fromQuebec. Traditionally, three others come fromOntario, one from the Maritimes, and the re-maining two from the western provinces. Of thesenine, the prime minister chooses one to act as

Figure 11-10 In 1982, Bertha Wilson (top) becamethe first woman to be named to the Supreme Courtof Canada. Eighteen years later, Beverley McLachlin(bottom) became the first female chief justice.

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chief justice. Beverley McLachlin, appointed tothe post in 2000, is the first woman to hold thatposition. Born in Alberta, Chief Justice McLachlinbecame a lawyer before being appointed to theSupreme Court of British Columbia. In 1994, shewas appointed to the Supreme Court of Canada.“Growing up,” Chief Justice McLachlin has said,“I had no sense that there were limitations on mebecause I happened to be a woman.”

The importance of the Supreme Court in theeveryday lives of Canadians has grown since theintroduction of the Charter of Rights and Freedoms.The Court’s decisions set precedents that are defin-ing our rights and, in some cases, changing ourlegal system. No one can alter the decisions of theSupreme Court, unless Parliament passes a con-stitutional amendment. Seven provinces, totallingat least 50 per cent of the population of allprovinces, must approve such an amendment.

Today the media regularly report Charter de-cisions made by the Supreme Court. Since 1982,some of the Court’s most newsworthy judgementshave included decisions to strike down a govern-ment abortion law, uphold cruise missile testing,condemn unfair treatment on the basis of preg-nancy, affirm Aboriginal rights, and grant survivorbenefits to same-sex couples.

The Supreme Court has a number of optionswhen enforcing rights and freedoms in its deci-sions. It can indicate that the law no longer ap-plies to anyone, or that it doesn’t apply in the casein question. The Court often goes beyond merelygiving a judgement. It may also provide for a wayto right the wrong. For example, in the case of aperson denied access because of a disability, itwill instruct that the access must be provided.

The entrenching of the Charter in theConstitution has made the decisions of theSupreme Court more important. Should thesejudgements be based solely on legal interpreta-tions? Or should the Court take social, political,and economic questions relating to the case intoaccount? Does it have the right to amend exist-ing laws unilaterally, without consultingParliament?

The Supreme Court’s recent decisions re-garding Aboriginal rights have been among its mostcontroversial in this regard. In several instances,the Court has gone beyond looking at legal prece-dents. In its decisions, it has also considered thehistorical mistreatment of Aboriginal groups andtheir existing social and cultural needs. Supportershave praised this more liberal approach in casessuch as Delgamuukw (see Chapter 8).

However, critics claim the Supreme Courthas sometimes gone too far. Some of the deci-sions it has brought down have required that lawsactually be rewritten, without benefit of bills, de-bates, or the input of elected representatives:

Some judges [of the Supreme Court] love the ex-ercise of legislative power through the bench, be-lieving that the courts are the last repository ofsocial conscience and [that they] should use theCharter to make bad things good. These judgesproudly go beyond their duty to strike down lawsthat unreasonably offend Charter rights, and amendlaws.... Supreme Court judges are appointed bythe prime minister, with no public consultation. Wesimply must insist that this change so that we candetermine the judicial philosophy of qualified can-didates and weigh in on what kind of court we arecreating.

Source: William Thorsell, “How to keep theSupreme Court from fishing off Parliament’sdock,” Globe and Mail, October 16, 1999.

A C T I V I T I E S

1. What are the advantages and disadvantages of thejury system for an individual accused of a crime?Why is the right to trial by jury considered such an im-portant part of democracy?

2. What safeguards are taken to ensure that Canadianjudges are free from interference? What might besome of the drawbacks of these safeguards?

3. Explain how the Charter of Rights has changed therole of the Supreme Court in the lives of Canadians.What problems are associated with this new role?

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b u i l d i n g y o u r s k i l l s

Problem Solving

When an issue is controversial, it often arousesstrong emotions, which makes it hard to evaluate themost effective solution. This is where a formal, step-by-step problem-solving process can be helpful. Tryusing this approach to determine the most effectiveway to choose judges in Canada. Look over the stepsbelow. Then, answer the questions that follow in orderto practise your skills in problem solving.

S t e p s i n P r o b l e m S o l v i n g

1. Identify the problem. Make sure you have a clearunderstanding of the issue you wish to examine.Write the problem in the form of a question that youwill try to answer.

2. Gather information about the issue. Take particularnote of possible solutions offered by others.

3. List options or solutions. Include those you have readabout as well as any original ideas you come up with.

4. Consider the advantages and disadvantages of eachoption, and choose the one you think is the best.

5. Evaluate the effectiveness of your solution.

A p p l y i n g t h e S k i l l

1. The chart below lists some of the most frequentlysuggested alternatives to the present system of se-lecting judges. Do research in magazines, newspa-pers, textbooks, and on the Internet to find out moreabout each option. As you read, note any other so-lutions you hear about or think of on your own. Copythe chart and add these solutions to it. Considermethods used in other countries, such as the UnitedStates, France, or Germany. For each option, list theadvantages and disadvantages in the appropriatecolumns.

2. Use the information in your chart to decide on thesolution that you think is preferable. Then write aparagraph explaining the reasons for your choice.

3. Test your ideas by talking to an informed person whocan give you an opinion on whether they would work.You might invite a guest from the legal community toaddress the class and evaluate your proposals.

4. What does Thorsell mean by “judicial philosophy”?Which option do you think he favours?

How Should Canada’s Judges Be Chosen?

Option Advantages Disadvantages

Judges chosen by members of the government in power, holding office until retirement (existing system in Canada)

Judges chosen by government in power for a fixed term

Potential judges scrutinized by Parliament before being appointed

Judges elected for a fixed term

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The Penal SystemWhen people are convicted of a crime, the judgehas a number of options for sentencing. In somecases, he or she can order that the guilty person begiven a complete discharge. More often, the judgemay sentence the offender to one of the following:

Should Canada Reinstatethe Death Penalty forMurder?In 1976, Canada abolished the death penalty by a ma-jority of just six votes. In 1987, a motion to reinstatecapital punishment was defeated by eleven votes. Inboth cases, members of Parliament were given thefreedom to vote according to their conscience, ratherthan in accordance with official policies of their parties.

Here is how Prime Minister Pierre Trudeau ex-pressed his stand in favour of abolishing capital pun-ishment in the 1976 debate:

My primary concern here is not compassion for themurderer. My concern is for the society whichadopts vengeance as an acceptable motive for col-lective behaviour. Vengeance and violence damageand destroy those who adopt them.... Respect forhuman life is absolutely vital for the rights and free-dom we all enjoy. Even the life of the most hard-ened criminal must be accorded some degree ofrespect in a free society. If we take that life withoutproven purpose ... we weaken dangerously one ofthe fundamental principles which allows us to livetogether in peace and harmony, and mutual respect.

The historian Jacques Barzun, Dean of ColumbiaUniversity, presented another point of view when he

wrote in favour of retaining the death penalty in theUnited States:

The propaganda for abolition [of the death penalty]speaks in hushed tones on the sanctity of humanlife, as if the mere statement of it as an absoluteshould silence all opponents who have any moralsense. But most of the abolitionists belong to na-tions that spend half their annual income onweapons of war and that honor research to per-fect means of killing.

...[Sanctity of life] should inspire a comparativejudgment: there are hundreds and indeed thou-sands whom, in our concern with the horrors ofexecution, we forget: the victims of violence....

For and Against

Those in favour of capital punishment claim it will cutdown on the number of murders—first, by stoppingthose who have murdered from ever doing so again,and second, by persuading other would-be murderersnot to commit the crime. Those against capital punish-ment claim it has no positive effect on the murder rate.They point to studies in Texas, California, and the mid-western United States, where the death penalty is stillin force, that found the number of executions was un-related to murder rates. Furthermore, they note that inthe ten years following the abolition of the death penaltyin Canada, the crime rate went down but convictionsfor first-degree murder doubled, from 10 to 20 per cent.One possible reason for this may be that juries are morelikely to find someone guilty of murder if they knowtheir decision is not a matter of life or death.

Another common argument against capital pun-ishment is that mistakes can be made. Eight Canadiansconvicted of murder have had their life sentences over-turned in recent years. If Canada still had the death

c o u n t e r p o i n t s


pay a fine to the court; make some kind of resti-tution to the victim; perform a number of hours ofcommunity service; or serve time in prison. In in-stances such as a first offence, where a jail termmay not be appropriate, the judge may place theoffender on probation. For a set period of time theoffender must follow the conditions determined by

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the court and report regularly to a probation offi-cer, who makes sure the individual is followingthe terms of the probation.

Even when a jail term is deemed necessary,the judge has some flexibility in imposing a sen-tence. However, in general the maximum sen-tence is life in prison. In Canada this means

twenty-five years without parole, the right to earlyrelease for good behaviour. Life sentences are re-served for particularly serious crimes, such as mur-der. A person who is convicted of many seriousoffences and shows no sign of change can be de-clared a dangerous offender and be kept in prisonindefinitely.

penalty, some of these falsely convicted people mightnow be dead. But supporters of the death penaltycounter that in many cases there is no room for doubt,and in such instances judges should have the option ofsentencing the offender to either life in prison or thedeath penalty.

Let the People Decide?

Public opinion in Canada on the issue has remainedfairly consistent over the last twenty-five years, withabout 70 per cent of Canadians in favour of capital pun-ishment for first-degree (planned) murder. Should politi-cians, then, abide by the wishes of the general publicand reinstate capital punishment in Canada?

In 1996, a member of the Reform Party (now theCanadian Alliance Party), Bob Ringma, introduced a pri-vate member’s bill. It advocated that a national refer-endum be held on the following question: “Do youagree that if a person is found guilty of first-degree mur-der the judge or jury should have the option of sen-tencing the person to life imprisonment or the deathpenalty?” Ringma claimed that it was the duty ofelected representatives to carry out the will of the peo-ple, not act on their own conscience:

Who should decide this question, our leaders, ourelites, or the people? The resistance out there toeven asking the question tells me two things. First,our leaders and our elites in this country do nottrust the judgement of ordinary people. Second,the elites think they know best. More than that,they are absolutely convinced they know best.

Those speaking against the bill, such as MichelBellehumeur, Bloc Québécois MP for Berthier-Montcalm, countered this argument by claiming that:

[w]e do not have to hold a referendum on everyissue on which we believe that the public may havea different view or … simply to wash our hands ofit. We have been given the mandate, each one ofus in our respective ridings, to represent our con-stituents and express the opinion which we be-lieve to be the majority’s.

Others who oppose a referendum point out thatalthough national polls consistently show a majorityfavour reinstatement of capital punishment, this sup-port tends to decrease when the issue is looked at inmore depth in the media. Support for the death penaltydecreased from 73 per cent to 61 per cent when theissue was being debated in the media and in Parliamentin 1987. And in 1998, one survey found that the per-centage of Canadians in favour of reinstatementdropped to an all-time low of 48 per cent, with 47 percent opposed. The pollsters suggested that the dropwas at least partly a result of publicity surrounding aCanadian prisoner, Stanley Faulder, who was on deathrow in a Texas jail at the time.

A n a l y s i n g t h e I s s u e

1. Organize a debate on the following proposition:Resolved—That Canada should reinstate the deathpenalty for first-degree (planned) murder.

2. Canadian society considers murder our most seri-ous crime. Assuming the death penalty is not an op-tion, what sentence do you think is appropriate forthose convicted of first-degree murder?

3. Do you think politicians should vote according totheir conscience on moral issues such as the rein-statement of capital punishment, even if this goesagainst the wishes of their constituents? Give rea-sons for your answer.

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Figure 11-11 David Milgaard (left) and Donald Marshall (right) wereboth falsely convicted of murder and served long prison sentences forcrimes they did not commit. In both cases, evidence favourable to thedefence had been hidden.

Thinking critically Should the cases ofMilgaard and Marshall have any bearingon the way we deal with peopleconvicted of crimes? Why or why not?

Prisoners serving sentences of under two yearsgo to provincial prisons; those with longer sen-tences serve them in federal institutions. Prisonsmay be minimum-, medium-, or maximum-security institutions, according to the level ofthreat the inmates pose to society and other in-mates.

The purpose of the corrections system inCanada is to protect society by controlling dan-gerous individuals and helping offenders to be-come law-abiding citizens. Our corrections systemis based in part on the principle of rehabilitation,the belief that inmates can be brought back intosociety as useful citizens. Many Canadians support

a system that is designed to rehabilitate the pris-oner by providing educational and vocational pro-grams.

However, others wish to see the guilty pun-ished and complain that conditions in prisons—particularly at minimum-security institutions—aretoo comfortable. Critics of the present systemclaim that it has gone too far in promoting reha-bilitation and has neglected the need to punishwrongdoers. They feel that the parole system,which allows prisoners with good behaviour toapply for early release after serving only one-thirdof their sentence, is too lenient.

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An Alternative to Prison:Restorative JusticeDavid Milgaard spent twenty-three years in prisonbefore the Supreme Court of Canada ordered hisrelease. He is critical of a prison system that has“people sit inside prisons and do nothing withtheir lives…. A perfect justice system would befair, not punishment oriented.” Milgaard speaksfor many people who think prison sentences areinappropriate when the accused poses no dangerto the public.

Canada has one of the highest rates of im-prisonment, or incarceration, in the Western world.In 1998, the incarceration rate in Canada was129 per 100 000 people. By contrast, Norway hadonly fifty-three prisoners per 100 000. It costsmore than $60 000 a year to keep an inmate incustody, and a little more than $10 000 to super-vise him or her on release. Those who want longerprison terms see them as a way to stop peoplefrom breaking the law. However, as the prisonpopulation in Canada continues to grow, the jus-tice system has begun to look for alternatives toprison.

In many Canadian communities, restorativejustice is being used as an alternative to incarcer-

ation for first-time offenders or for people whocommit less serious crimes. Rather than focussingon punishment, restorative justice tries to repairthe damage that has been done. Victims, offend-ers, and other people in the community work to-gether to find ways for the offender to makeamends directly to the victim.

In one British Columbia case, an elderlywoman who found it hard to get around after beinghit by a speeding driver accepted that the youngman was genuinely sorry and approved a plan forrestorative justice. After apologizing to her, theyouth was required to do chores for the woman,take on the volunteer work she could no longercarry out, and help her get around as she recoveredfrom her injuries. The court agreed to accept aguilty plea and postpone sentencing until it couldreview the young man’s efforts to undo the dam-age he had caused.

Restorative justice does not work for all of-fenders, and not all victims are willing to acceptcommunity-sentencing forums instead of courtaction. However, while this may not be the onlysolution to the problem of administering justice,it does provide one alternative to prison.

Figure 11-12 In 1999, thefederal solicitor generalannounced the closing of theKingston Prison for Women.Overcrowding and poorfacilities led to criticism of itslack of success in rehabilitatinginmates. “P4W,” as prisonerscalled it, will be replaced bysmaller regional facilities thatwill try to be more effective inrehabilitation and will alsoallow the women to be closerto their families.

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up clo seJustice for Aboriginal Peoples

Twelve per cent of male and 17 per cent of femaleconvicts in federal prisons are Aboriginal, although

Aboriginal people make up only 3 per cent of Canada’sgeneral population. A combination of discrimination andcultural differences are often cited as reasons for thisoverrepresentation.

The high number of Aboriginal offenders in theprison system makes it important for the courts to lookat alternative sentencing methods. In 1999, the SupremeCourt of Canada suggested that judges look at restora-tive justice measures when dealing with Aboriginal of-fenders. Formal restorative justice programs are alreadypractised in many Aboriginal communities in Canada.The offender is brought before a healing circle that in-cludes the victim, elders, and other community mem-bers, as well as a judge and lawyers. Together, membersof the circle try to come up with sentences that will helpthe victim heal his or her wounds and the offender makeamends. In one northern community, a young man ac-cused of assault was required to spend time on a re-mote island as his ancestors had done to reflect on hismisdeed and be spiritually cleansed.

Even more far-reaching is the belief that FirstNations should have their own justice systems. TheNisga’a Treaty in British Columbia provides for Nisga’acontrol of the justice system on their own lands, but inaccordance with the laws of Canada. Opponents argue

Figure 11-13 The healingcircle brings together all thoseconcerned about thewrongdoer and involved withthe offence. Aboriginal elders,the families involved, police,and a judge attempt to reachagreement on the mostappropriate consequence for awrongful act.

that all Canadians should be treated equally under thelaw. They object to what they see as a system of justicethat is beyond the control of Parliament.

A number of reserves also have Aboriginal policeforces. Since 1991, the federal government has beenhelping Aboriginal communities establish police servicesthat respond to their cultural needs. Sometimes, FirstNations choose self-administered police services, suchas the Nishnawbe-Aski Police Service (NAPS) in northernOntario. The NAPS has thirty-three officers, the majorityof whom are Aboriginal. They are responsible for polic-ing many First Nations communities in northern Ontario.Other communities have chosen the RCMP’s FirstNations Community Policing Service (FNCPS). The Nuu-chah-nulth community of Ahousaht on the west coastof Vancouver Island established the first all-Aboriginaldetachment of the RCMP–FNCPS in Canada.

Q u e s t i o n s

1. What measures have been adopted to improve thefunctioning of the justice system in relation toAboriginal people?

2. Why do you think Aboriginal police officers might bemore effective in dealing with Aboriginal offenders?

3. What general principles about the effective opera-tion of a justice system can be learned from the ex-ample of Aboriginal people in Canada?


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Youth and the LawGovernment, schools, and social agencies aregreatly concerned over the problem of youthcrime. People dealing with juveniles who commitcrimes, and so become involved with the justicesystem, want to ensure that youths get a secondchance. Yet few Canadians are aware that the in-carceration rate for young offenders in Canada iseven higher than in the United States—approxi-mately one-third of juvenile offenders are sen-tenced to time in custody. The problem iscomplicated by a lack of community support net-works that would allow for alternative sentences.

High-profile cases of youth crime that are re-ported in the media usually lead to debate on arange of related issues: Under what circumstancesshould youths be tried in adult court? At what ageis one too young to be charged with an offence?How long should the maximum sentence be for ju-veniles? Should any record of crimes remain ontheir files after they become adults?

Historical BackgroundBefore the twentieth century in Canada, youthsreceived no special treatment when they brokethe law. Both boys and girls were sentenced toprison terms, and sentences were often harsh.One ten-year-old boy, committed in 1845 to aseven-year term, was publicly lashed fifty-seventimes in the space of eight and a half months.His offences were staring and laughing. Once inprison, young people were subject to the samerules as adults—and to the foul conditions typi-cal of nineteenth-century prisons. The emphasiswas on punishment and strict discipline, not onreforming the prisoner.

By the end of the nineteenth century, atti-tudes towards young offenders began to change.There was a growing movement to reform the jus-tice system and treat young people differentlyfrom adults. People who belonged to the move-ment thought youths should be treated not ascriminals needing punishment, but as young peo-ple requiring help and understanding. Gradually,the justice system began to adopt these princi-ples. The emphasis on rehabilitating and reinte-

1892 Criminal Code of Canada states that no oneunder the age of seven years can be convicted foran offence, and any persons under the age offourteen must know the nature and consequencesof their conduct and appreciate that it was wrong.

1893 Youthful Offenders Act separates youthfuloffenders from older offenders and advocatesreform and rehabilitation.

1908 Juvenile Delinquency Act marks a turningpoint, proclaiming that “every juvenile delinquentshall be treated, not as a criminal, but as amisdirected and misguided child.”

Youth courts established to provide youngoffenders with help and guidance. These courtsare slow to be established; by the 1920s there areonly twenty in all of Canada.

1929 Juvenile Delinquency Act is amended toallow judges to impose probation, fines, ordetention for sixteen- to eighteen-year-oldsaccused of crimes, rather than treating them asadults. Act remains in effect until the 1980s.

1984 Young Offenders Act applies to all youngpeople from twelve to eighteen years of age anddeals with all offences in the Criminal Code. Itmakes jail sentences more lenient, setting themaximum sentence for a young offender at threeyears.

1985 Young Offenders Act is amended to allownaming of a youth who is considered dangerous.

1992 Sentences under Young Offenders Act arelengthened to allow a maximum prison sentenceof five years for a young offender convicted ofmurder.

2000 Youth Criminal Justice Act is passed,distinguishing between violent and non-violentcrimes. Harsher measures are in place for violentoffenders. Also strengthens efforts to rehabilitateyoung people who commit crimes, andencourages alternatives to custody for non-violentyouth.

Figure 11-14 Legislation relating to young offenders.

grating young offenders into society has guidedmost legislation to this day.

However, the passage of the Young OffendersAct in 1984 caused much debate as to whetherthe system had now become too lenient towardsyoung offenders. Many people felt that the mod-

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erate penalties included in the act were no longertough enough to stop young people from com-mitting serious crimes. More recent laws, in-cluding the Youth Criminal Justice Act, passed in2000, represent a move towards harsher penal-ties, especially for more serious crimes committedby youths.

Many people still defend the basic philoso-phy of reform that has guided past legislation.They argue that individuals should not be bur-dened throughout their lives for mistakes madein their youth. They point to the need for moresocial programs and community resources tohelp young people in trouble with the law. InQuebec, which has the lowest youth crime ratein Canada, the emphasis is on dealing with youthcrime through restorative justice programs, inwhich young offenders meet face-to-face withtheir victims.

Rights of Young OffendersYouths between the ages of twelve and seventeenwho are charged with a crime are guaranteed thesame legal rights under the Charter as any otherCanadian citizen, including the right to a lawyerand the right to a fair trial. In addition, they aregranted special rights because of their age. Detailsof their trial may be reported, but most young of-fenders charged with or convicted of a crime can-not be named, nor can any other young personinvolved in the proceedings. Police and courtrecords relating to the crime remain confidentialand will be destroyed when the youth becomesan adult. Exceptions to this rule include cases in-volving youths aged fourteen or older who com-mit serious crimes, such as violent assault,aggravated sexual assault, or murder.

In addition, cases involving young offendersare usually dealt with in a separate youth court. Ajudge alone hears the case and decides on a sen-tence. In youth court, a sentence is called a dis-position. A disposition can vary from a jail term, toa fine, to community service. The maximum jailterm for a young offender is five years. However,youths as young as fourteen who are charged with

serious crimes such as murder or violent assaultcan be transferred to adult court to face the samepenalties as an adult. A pattern of serious violentoffences will also result in adult sentences.

Youth Court Dispositions

• Absolute discharge

• Conditional discharge (depending on circum-stances)

• Fine of up to $1000

• Payment of costs of the crime up to 240 h ofcommunity service

• Report to a probation officer regularly for up totwo years

• Open or secure custody for up to five years

Figure 11-15 Sentences a youth court judge can order.

Expressing ideas How might sentences for youthsconvicted of crimes be made more effective inpreventing repeat offences? Explain your reasoning.

A C T I V I T I E S

1. a) What is the main purpose of prisons in theCanadian justice system? What is the main criti-cism levelled against this approach?

b) Explain the benefits, drawbacks, and limitations ofrestorative justice programs as an alternative toimprisonment.

2. You are a lawyer who is helping a young person ac-cused of a crime. Briefly explain his or her rights asa young offender.

3. Find and evaluate recent examples of the media’streatment of youth crime. In your opinion, do the ex-amples support the contention that the media sen-sationalize youth crime? Explain your answer.

4. Describe three changes you would make in the lawrespecting young offenders if you were the federaljustice minister. Give reasons for each recommen-dation.

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Information Technologiesand the LawThe pace of change in the twentieth century wasstaggering, and shows no sign of slowing down.Great changes in information technology are rac-ing ahead of the ability of the justice system toregulate them. Is the justice system flexibleenough to respond to these new challenges?

Copyright Laws and the InternetThe new information technologies are challengingtraditional copyright laws. For example, what doesit mean for the music industry if anyone candownload high-quality recordings from theInternet without ever leaving home—or paying acent to the artist or recording company? Newmusic recording technologies have shaken themusic industry, leading to numerous civil suits inthe United States against companies that sell file-trading applications and provide services that allowthe downloading and trading of digital music files.

On the other hand, some musicians believethat the legal uses of the new technologies are aboon. They offer lesser-known musicians a way

of making their music available to a huge audi-ence at virtually no cost, and without the needfor an agent or the backing of a record label. Manymore established artists have used the same tech-nology to increase sales of their albums, by al-lowing fans to download previews and buy themon-line.

Technology-Assisted CrimeThe Internet has also provided a whole new arenafor more serious crimes. Web sites offering gam-bling, pornography, fraudulent schemes, and in-formation from hate groups abound. If a siteoriginates in a country where such activities arelegal, then there is little Canadian police or courtscan do to stop them.

The difficulty of regulating the Internet wasrecognized by the Canadian Radio-television andTelecommunications Commission (CRTC), thebody responsible for regulating communications inCanada, when it decided not to try to controlInternet sites as it does radio and television broad-casting in Canada. The Commission ruled thatgeneral laws governing hate propaganda, pornog-raphy, and other questionable material were suf-ficient to protect Canadians.

Figure 11-16 In 1998,the band Metallicasued the music Website Napster overcopyright issues.Napster was sellingsoftware that allowedusers to downloadmusic files from theInternet illegally.

Thinking critically

Who stands to gainfrom file-downloadingtechnology such asthis? Who stands tolose?

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Even electronic mail (e-mail) can be used tocommit crimes. Despite precautions, large com-puter systems can be attacked by deliberatelyplanted computer viruses—self-replicating pro-grams designed to destroy data or infect e-mail.Tracing these crimes back to their source is a dif-ficult and time-consuming process.

With the amount of sensitive information nowstored on computers, issues of privacy and secu-rity are crucial. Amateur programmers, calledhackers, can break into computer systems ille-gally and steal information without ever leavingtheir homes. With no actual crime scene to ex-amine, police have had to adapt to the new real-ity of “cyber crime.”

Meanwhile, efforts are increasing to give of-ficers the means to deal with criminals who takeadvantage of the improvements in informationtechnology. The Canadian Centre for InformationTechnology Security (CCITS) is a joint initiativeof the University of British Columbia and thePolice Academy at the Justice Institute of British

Columbia. The goal of the CCITS is to help policedeal effectively with technology-assisted crimeand threats to information security.

A C T I V I T I E S

1. With a partner, make a two-column organizer listingreasons to support and reasons to oppose the reg-ulation of the Internet. Use the information from theorganizer to defend your viewpoint in a summaryparagraph.

2. Think of a slogan for an advertising campaign withthe goal of stopping the illegal downloading of musicrecordings from the Internet. The campaign shouldbe aimed at teenagers.

3. List ways that the Internet and information tech-nologies could be seen as a positive developmentfor law enforcement. Do you think these benefitsoutweigh the problems, or vice versa? Defend youropinion.

Figure 11-17 Whilecomputers have createdmany new problems forlaw enforcement, theyhave also opened up newopportunities for crimeprevention. Most policedepartments are linked tothe Canadian PoliceInformation Centre(CPIC), which is in turnlinked to the InternationalCriminal PoliceOrganization (Interpol).Both these agencieshave central databasesthat can provideCanadian police with up-to-date information.

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Develop an Understanding

1. Imagine you are presenting a summary of theCanadian justice system for a brochure aimed at newimmigrants. What features of our system would youemphasize? Why?

2. “If one man can be allowed to determine for himselfwhat is law, every man can. That means first chaos,then tyranny. Legal process is an essential part ofthe democratic process.” In your own words, ex-plain what the speaker means. Give reasons whyyou agree or disagree with this statement.

3. The right to be presumed innocent until proven guiltyis one of the foundations of Canada’s system of jus-tice. Imagine what might happen if the reverse weretrue, and you were presumed to be guilty as soonas you were charged with a crime. Draw a cartoon ordescribe a scene that illustrates the difficulties sucha fundamental change might cause.

4. Why do you think criminal law is under federal juris-diction? Assess the benefits and drawbacks forCanadians if the provinces were allowed to makecriminal law.

Explore the Issues

5. Discuss any circumstances in which you think youngoffenders should be treated the same as adults, andthe circumstances in which they should be treateddifferently.

6. Review the measures taken by the government dur-ing the 1970 October Crisis. (See Chapter 8.) Assessthe possibility of imposing such measures today inthe face of the safeguards provided by the Charter ofRights and Freedoms.

7. Imagine you have been hired by the attorney gen-eral to develop strategies to reduce the number ofAboriginal people in the prison system. Outline yoursuggestions, and include the benefits and drawbacksof changing to the new system.

8. Prepare notes for a discussion of the following is-sues:

a. Does the Supreme Court of Canada exercise toomuch power in its decisions?

b. At what age should a young person be tried inadult court?

c. To what degree should retribution be part of thepurpose of our penal system?

d. What are the alternatives to incarceration for law-breakers, and how effective do you consider eachof these in preventing the lawbreakers from re-offending?

9. In a group, brainstorm five essential points thatshould be taken into account in reforming theCanadian penal system.

10. Look through local newspapers for articles on crim-inal and civil cases. Explain the points of law dis-cussed in each article. Estimate what percentage ofthe paper is devoted to reporting criminal acts.Evaluate its impact on the public’s perception ofcrime rates in Canada.

Research and Communicate

11. Invite a police officer to address the class on a topicrelated to crime or the justice system in BritishColumbia.

12. The Canadian system of justice differs significantlyfrom that in some other countries. In a group, re-search the justice system in a country that doesnot follow the British tradition, such as Switzerland,France, Egypt, India, Russia, or Japan. Present yourfindings in a display comparing and contrastingthese legal systems with Canada’s.

13. As a class, conduct a poll on one or more of theissues in this chapter, such as the death penalty,computer crime, or youth and the law. Report yourconclusions using graphs, charts, or other means.

14. Research one of the following careers: police offi-cer, court worker, lawyer, or parole officer. Presentyour findings in a colourful brochure aimed at stu-dents who are considering a career in this area.

15. In a group, brainstorm a list of technological ad-vances in the last 100 years that have helped thepolice fight crime. How would you rank DNA match-ing as a tool?

L O O K I N G B A C K

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