NCJ Number
179648
Date Published
1993
Length
38 pages
Annotation
This booklet briefly outlines Canada's system of law and justice in an attempt to demystify it and stimulate thought and discussion.
Abstract
The Canadian criminal justice system respects individual rights and also ensures society operates in an orderly manner. Laws are designed to govern conduct and to direct social policies. Another goal of laws is fairness, and this means laws should recognize and protect certain basic individual rights and should not allow strong individuals and individuals in society to take unfair advantage of weaker individuals. Public laws deal with matters that affect society as a whole, while private laws deal with the relationships between individuals in society and serve primarily to settle private disputes. Sources of Canadian laws derive from various European systems brought to the continent in the 17th and 18th centuries. Canada's government structure is based on a federation, a union of several provinces with a central government with a parliament in the capital and a legislature in each province. The protection of individual rights is a subject of both federal and provincial jurisdiction. The Canadian Charter of Rights and Freedoms constitutionally protects certain fundamental freedoms that custom and law have made almost universal over the years. This charter specifically covers democratic, mobility, legal, equality, language, minority, and aboriginal rights. Constitutional authority for the judicial system is divided between federal and provincial governments. Procedures have been established for both civil and criminal cases and appeals and for dealing with young offenders. Canadian citizens represent a key component of the criminal justice system, particularly with respect to jury duty and testifying in court. The future of the criminal justice system in Canada is discussed in the context of changing legal, social, and technology issues.