The Judicial System of
Canada
WHO BECOMES A SUPREME
COURT JUDGE?

The Supreme Court has nine judges
from four regions of Canada.

For most of Canada’s history, the
PM and cabinet have appointed
Supreme Court judges when positions
became vacant — when a judge
retired, for example.

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.
This photo shows the judges of the
Supreme Court in 2005. The court
always has an uneven number of
judges to prevent tie decisions.
Quebec
Ontario
West
East
What does the Judicial Branch Do?

The judicial branch includes Canada’s courts of law.

The Supreme Court of Canada is the highest court of
Canada. It has the final word on all legal questions in
the country.

The judicial branch is separate from the other branches
and acts as a check on its power. It interprets and
applies all law on Canada.

The main responsibility for making sure the rights of
Canadians are respected.
Why do you believe justice
is often portrayed as blind?
Nothing is more important than
justice and a just society. It is essential
to the flourishing of men, women and
children and to maintaining social
stability and security. In this country,
we realize that without justice, we have
no rights, no peace, no prosperity. We
realize that, once lost, justice is difficult
to reinstate.
We in Canada are the
inheritors of a good justice system,
one that is the envy of the world. Let us
Face our challenges squarely and thus
ensure that our justice system remains
strong and effective.
— From remarks by the Right Honourable
Beverly McLachlin to the Empire Club of
Canada, March 8, 2007.
The Youth Criminal Justice Act

Canada's Youth Criminal Justice Act (YCJA) is a
Canadian statute, which came into effect on April
1, 2003, covering the prosecution of youth's for
criminal offenses. The YCJA governs the
application of criminal and correctional law to
those 12 and older but younger than 18 at the
time of committing the offence.
The YCJA recognizes that youth have
rights protected by the Canadian
Charter of Rights and Freedoms, the
Canadian Bill of Rights and the United
Nation's Convention on the Rights of
the Child.
How are the Youth Justice and
Adult Justice Different in Canada?
Young Offenders



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Deals with 12- 17 year olds in
trouble with the law
Allows some young offenders
to face consequences such as
counseling and community
service
Prohibits adult sentences for
youths 12-14 and protects the
privacy of young offenders
Allows most young offenders
to avoid a criminal record.
Adult Offenders




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Deals with 18 + adults in trouble
with the law
Makes going to court the usual
consequence for breaking the law
Defines adult sentences which
can include prolonged jail
sentences and/or fines
Allows the publication of
offenders’ names
Creates a criminal record for
most offenders
What Factors Determine the
Consequences Young Offenders Face?
 The
seriousness of the crime
 The history of the young person
 The attitude of the young person
 The circumstances of the young person
Police officers across Canada
work to educate young people about he law.
How might this work affect the
fairness of the justice system?
What are the Objectives of the
YCJA?

To prevent crime by addressing the circumstances
underlying a young person’s offensive behavior

To separate young persons from adults and recognize
their reduced level of maturity

To rehabilitate young persons who commit crimes and
reintegrate them into society

To ensure that a young person is subject to meaningful
consequences
What Role do Canadian Citizens and
Organizations Play in the Fairness and
Equity for Youth?
Juries
 Under the YCJA, a person 14 years of
age or older may be tried by a judge and jury
for certain serious offences such as assault.

A jury is a sworn body of people convened to
deliver a rational, impartial verdict officially
submitted to them by a court, or to set a penalty
or judgment. A trial in which a jury decides the
verdict is known as a jury trial. A person who is
serving on a jury is known as juror.

In Canada, juries are used for some criminal trials but not others. For less
serious offences that come to trial, a judge alone makes the ruling. In some
more serious offences, the accused person can choose to be judged by either a
judge or a judge and jury.

Serving on juries is considered a duty of Canadian citizens.
Advocacy Groups

Canada has two major citizen-led organizations involved in the justice
system: The John Howard Society and the Elizabeth Frye Society

The organizations work independently of the government. The try to to
solve the underlying reasons for crime

The provide public education about laws and the justice system

The work with youths and adults who have broken the law to help them
return to their communities

They stand up for the rights of youths and adults accused of crimes

They call for measures to improve the fairness of the justice system for
those accused and/or harmed by crime
A Native Perspecitve

Under the YCJA, young people
can face consequences from
Youth Justice Committees.
These committees reflect the
traditional sentencing circles that
the natives use in their own
communities. In these circles,
many people from the
community, those who
committed the crime and those
who were affected by it, come
together to discuss and reflect.
They can share their feelings
and come to a collective
agreement on the punishment for
the guilty.
Questions

How do Canada’s justice system and Youth Criminal Justice Act attempt to
treat young offenders fairly and equitably?

What are the steps involved when a young person enters the justice
system?

What are the advantages and disadvantages of the YCJA?
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Which is more important: the privacy of young offender or public safety?
Why?

What aspects of your identity would you want the justice system to take into
account?

What role do Canadian’s play in their fairness and equity fo the justice
system for youth?
What is the Message of this
Cartoon?
How do you know
what the message
is?
Do you think the
message is
correct?
Why would
someone create a
cartoon like this?