The Judicial BranchThe Judicial BranchFinding Justice in SocietyFinding Justice in Society

What does the judicial branch do?What does the judicial branch do?• The judicial branch includes Canada’s

courts of law.

• The Supreme Court of Canada is the highest court in Canada.

• The judicial branch is separate from the other branches acts as a check on their powers interprets and applies all law in Canada, defends the rights of Canadians.

WHO BECOMES A SUPREME WHO BECOMES A SUPREME COURT JUDGE?COURT JUDGE?

The Supreme Court has nine judges from four regionsof Canada.

For most of Canada’s history, the PM and cabinet have appointed Supreme Court judges when positions became vacant

In February 2006, Prime Minister Stephen Harper changed the appointment process. The PM and cabinet now nominate judges, who then go through a review by a committee of MPs. In 2007, the PM still had the power to appoint the judge of his choice.

To what extent is the justice system fair and To what extent is the justice system fair and equitable for youth?equitable for youth?

fair and equitable: governed by rules that apply to everyone, taking into account individual needs and circumstances

Is justice blind?Is justice blind?

Why do you think it is – why do you think it is not?

Should the justice system be “blind?”

The Stages of the Justice SystemThe Stages of the Justice System

Read the following cartoon: p. 61-63.Read the following cartoon: p. 61-63. Try to write down the steps that the Try to write down the steps that the

young girl went through in the young girl went through in the Justice System.Justice System.

What rights did the accused have? What rights did the accused have? Why do you think the criminal had to Why do you think the criminal had to

face their victim? face their victim? What do you think would be an What do you think would be an

appropriate punishment?appropriate punishment?

Stages of the Justice SystemStages of the Justice System1.1. Crime is committed.Crime is committed.2.2. Person is arrested and given rights:Person is arrested and given rights:

What are their rights?What are their rights? Why are people given these rights?Why are people given these rights? Why is the presumption of innocence important?Why is the presumption of innocence important?

3.3. Person is asked for a statement after being read their Person is asked for a statement after being read their rights.rights.

4.4. Person’s picture and finger prints are taken.Person’s picture and finger prints are taken.5.5. Parents are called to pick up the individual (why was Parents are called to pick up the individual (why was

the accused released?).the accused released?).6.6. Meet with the Youth Justice Committee/ or go to Court Meet with the Youth Justice Committee/ or go to Court

– what do they do?– what do they do?7.7. The accused met with the victim.The accused met with the victim.8.8. Sentence is carried out or else the accused goes to Sentence is carried out or else the accused goes to

court.court. IS THIS A FAIR PROCESS? EXPLAINIS THIS A FAIR PROCESS? EXPLAIN

Role PlayRole Play

In groups of 4 create your own role play In groups of 4 create your own role play showing the steps of the justice system.showing the steps of the justice system.

You will need to choose a crime (make You will need to choose a crime (make it PG rated), have a police officer/ it PG rated), have a police officer/ lawyer/ judge/ criminal/ victim.lawyer/ judge/ criminal/ victim.

You will need to show how the situation You will need to show how the situation is resolved. You have 3 min. to tell your is resolved. You have 3 min. to tell your story.story.

CriteriaCriteria

You are the crown prosecutor in a You are the crown prosecutor in a case involving a teen. What are three case involving a teen. What are three things about the accused you’ll take things about the accused you’ll take into consideration before deciding into consideration before deciding what consequences the teen will what consequences the teen will face?face?

Explain why your criteria is Explain why your criteria is important.important.

TASK TWO: Case StudyTASK TWO: Case Study John Smith was an honor student in junior high. His parents were John Smith was an honor student in junior high. His parents were

divorced at the end of his Grade 9 year, and there have been issues divorced at the end of his Grade 9 year, and there have been issues with custody battles in the past. Since starting high school, John’s with custody battles in the past. Since starting high school, John’s attitude and behavior have changed dramatically. He has been attitude and behavior have changed dramatically. He has been suspended once for skipping. He has exhibited anger management suspended once for skipping. He has exhibited anger management issues (i.e. in Grade Ten, he and another student were pushing and issues (i.e. in Grade Ten, he and another student were pushing and shoving each other during an argument, but the instigator was never shoving each other during an argument, but the instigator was never clearly identified. Both students were given a one-day in-school clearly identified. Both students were given a one-day in-school suspension). He has also failed to maintain many of his close suspension). He has also failed to maintain many of his close friendships from previous years.friendships from previous years.

Late one summer, John Smith attended a party at a friend's house. Late one summer, John Smith attended a party at a friend's house. At the time, John Smith was 16 years old and was looking forward to At the time, John Smith was 16 years old and was looking forward to returning to high school the next month. During the party, at which returning to high school the next month. During the party, at which both drugs and alcohol were consumed, an argument broke out both drugs and alcohol were consumed, an argument broke out between some friends of the accused and some uninvited young between some friends of the accused and some uninvited young men who had shown up around 11:30 p.m. When the accused men who had shown up around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of the uninvited attempted to intervene, he was confronted by one of the uninvited young men. In retaliation, Smith, the accused, punched the young young men. In retaliation, Smith, the accused, punched the young man causing him to fall and strike his head. The police were called man causing him to fall and strike his head. The police were called and they began their investigation.and they began their investigation.

Interpreting Political CartoonsInterpreting Political Cartoons

Summarize the cartoon on the previous page in one sentence.

CartoonCartoon

Jury Duty!Jury Duty!Terms jurors need to know:Terms jurors need to know:

Defence:Defence:

Prosecution:Prosecution:

Sequester:Sequester:

There must be _______ people and all of them must agree on a There must be _______ people and all of them must agree on a verdict. There decision must be unanimous.verdict. There decision must be unanimous.

Anyone ____ years of age or older who is a ___________________ Anyone ____ years of age or older who is a ___________________ is eligible for jury duty.is eligible for jury duty.

If you are summoned for jury duty, it’s your responsibility to If you are summoned for jury duty, it’s your responsibility to appear in the courthouse on time. You must:appear in the courthouse on time. You must:

Employers Employers have tohave to ________________, but they ________________, but they do not have todo not have to ____________.____________.

You may only be excused from jury duty if you can You may only be excused from jury duty if you can demonstrate demonstrate that______________________________________________________.that______________________________________________________.

The Seriousness of the offenceThe Seriousness of the offence (violent or non- (violent or non-violent?)violent?)

The history of the young personThe history of the young person (first time, or (first time, or repeat offender?)repeat offender?)

The attitude of the young personThe attitude of the young person (Do they assume (Do they assume responsibility for their actions?)responsibility for their actions?)

The circumstances of the young personThe circumstances of the young person (home (home life, substance abuse issues, etc.-Do they need life, substance abuse issues, etc.-Do they need support or consequences?)support or consequences?)

Factors That Determine the Consequences for a Young Factors That Determine the Consequences for a Young Offender:Offender:

You Be the Judge!You Be the Judge! Sentence Given: Sentence Given: AgreeAgree //

DisagreeDisagree

Explanation (based on criteria)Explanation (based on criteria)

An appropriate sentence would be…An appropriate sentence would be…

Create a meaning for the term “Advocacy:Create a meaning for the term “Advocacy: Advocacy is…Advocacy is… From the perspective of the John Howard Society, From the perspective of the John Howard Society,

Advocacy is…Advocacy is… From the perspective of the Elizabeth Fry From the perspective of the Elizabeth Fry

Society, Advocacy is…Society, Advocacy is…

How are these two groups similar in their How are these two groups similar in their advocacy?advocacy?

What particular issue in chapter 2 might What particular issue in chapter 2 might these two groups become involved with?these two groups become involved with?

Youth Advocacy!Youth Advocacy!

On page 72 of your text, there is an On page 72 of your text, there is an article on Youth Justice and the article on Youth Justice and the Aboriginal community.Aboriginal community. Read this article, and then explain how Read this article, and then explain how

Youth Justice Committees may be a way Youth Justice Committees may be a way to help solve the issue revealed in the to help solve the issue revealed in the articlearticle

What 2 questions might you ask yourself What 2 questions might you ask yourself to help you with this activity?to help you with this activity?