Abstract
In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justice system. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justice system and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justice system.

Tags:canadian, justice, system

Abstract
This paper critically examines Canadian law - both criminal justice law and broader policy legislation - with respect to the issue of racism. Through this process, the paper confronts the popular myth that while Canadian laws may have possessed racist elements in the past, in contemporary Canada the law mandates and supports anti-racist policies and practices. In this context, the paper shows that there is actually an extraordinary degree of continuity in the underlying fundamentals of Canadian law with respect to issue of race.

From the Paper
"This essay will critically examine Canadian law - both criminal justice law and broader policy legislation - with respect to the issue of racism. Through this process, the paper will interrogate the popular myth that while Canadian laws may have possessed racist elements in the past, in contemporary Canada the law mandates and supports anti-racist policies and practices. In this context, the thesis will be argued - from within the theoretical framework of democratic racism - that there is actually an..."

Tags:racism, canada, history

Abstract
This ten-page undergraduate paper explores how and why Natives are oppressed and discriminated against in the justice system. Colonization and the "Indian Act" are part of it, and social conditions outside the system fully explain what happen within it: both control inferior people. 10 pgs. Bibliography lists 10 sources.

Abstract
The paper relates that the question of victim's rights has been one of the most controversial in the modern history of the Canadian legal system. The paper explains that in large part, this controversy is based upon the fact that this issue raises challenging questions regarding the administration of justice in Canada, and the distinction between the letter of the law and its actual observance by officials at all levels of the justice system.

From the Paper
"The question of victim's rights has been one of the most controversial in the modern history of the Canadian legal system. In large part, this controversy is based upon the fact that this issue raises challenging questions regarding the administration of justice in Canada, and the distinction between the letter of the law and its actual observance by officials at all levels of the justice system. Given the complexity of this issue, with a range of groups asserting that..."

Tags:law, canada, society

Abstract
This paper examines the legal issues emerging from the Steven Truscott case of the late 1950s, a case that broke new ground in shaping and shaking popular understandings of the Canadian criminal justice system. Particular attention is focused on social and cultural factors - especially attitudes towards sexuality and media pressure contributing to a rush to convict - as contributing elements to this case. Comparisons are drawn to a similar case in the United States at this time - the Sam Sheppard trial - to illustrate how this situation is not limited to Canadian law but, in fact, reflects wider social and cultural realities. Increasing anti-institutional sentiments in both Canada and the United States have contributed to a revisiting of both cases, sentiments that both cases also played a role in shaping.

Table of Contents:
Introduction
Culture and Sexuality
Tunnel Vision and the Issue of Disclosure
The Sheppard Case, Media and Authority
Conclusion

From the Paper
"One of the major legal problems to emerge from the Truscott trial was one of disclosure or discovery. As the Daum story reveals, the culture of the 1950s - which placed much more faith in the honesty and integrity of law enforcement officials than today -allowed law enforcement officials to effectively bury evidence that may have been of assistance to the Truscott defense. Indeed, it may be argued that cases such as Truscott contributed to an evolution in criminal law in such matters: "Rules of evidence today oblige the Crown and the police to disclose all the relevant information they turn up in the course of their investigations" (Sher 299)."

Tags:criminal prosecution, wrongful conviction, Sheppard sexuality disclosure

Abstract
This paper discusses the Canadian legal system and how it is based on the notion of retributive justice - if a person is proven by our judicial system to have broken our written laws, then the system exacts retribution by imposing sanctions (such as fines or imprisonment). The paper goes on to discuss how such a system often fails to meet the needs of both the victim and the perpetrator of a crime. In this context the paper examines the healing circles and Aboriginal sentencing circles.

From the Paper
"As has been observed, we "view crime through a retributive lens. The `criminal justice' process which uses that lens fails to meet many of the needs of either victim or offender. The process neglects victims while failing to meet its expressed goals of holding offenders accountable and deterring crime." (Zehr, 1995: p. 522)"

Tags:canadian, judicial system, crime

Abstract
The essay examines the advantages and disadvantages of Section 718.2 (e) of the Criminal Code of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadian justice system.

Outline:
Introduction
Section 718.2 (e): Point/Counterpoint
Conclusion

From the Paper
"The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."

Tags:Canadian justice system, criminal code, Canadian minorities

Abstract
This paper discusses the balance between individual rights and public protection within the Canadian criminal justice system. It describes the importance of equilibrium between criminal justice agencies and their ability to apprehend and prosecute offenders as a form of crime control, and the right of citizens to be protected from potential abuses of this power, known as due process. The paper examines this balance and attempts to determine whether the public or the individual is losing out in the Canadian criminal justice system.

Table of Contents:
Introduction
Major Themes Intrinsic to the Balance
Legal Recognition of Individual Rights
The Dangers of Imbuing Police with Too Much Power
In Favor of Individual Liberty and Accountability?
Conclusion

From the Paper
"Without a doubt, the criminal justice system is not a perfect one. Infringements of individual rights often occur at the expense of concern for public safety. Actions that compromise individual often come from the police, who act on behalf of the Criminal Code and related charters. When one points to illegal actions of the police on behalf of justice enforcement, one must also remember that police are accountable for their actions, just like every other individual in society. It appears moreover that such monitoring is on the increase: for example, "accountability of systems of correction is an emerging trend" (ibid, p. 381) and some may say that increased accountability of the police is a defining criminal justice trend (Griffiths, "Introduction to the Criminal Justice System", Unit 4). This is evidence of the fact that the justice system, although imperfect, strives to imbue the police with the right amount of control and power so that the justice of both individuals and the public are simultaneously upheld."

Tags:prosecution enforcement, due process

Abstract
The paper discusses how one of the major themes of the Canadian criminal justice system is that of the balance between individual rights and public protection. The paper shows how it is difficult to maintain this delicate balance and critics often argue that the balance is tipped in one of these two directions. This paper examines the balance and attempts to conclude whether the public or the individual is getting the short end of the stick in the Canadian criminal justice system.

From the Paper
"One of the major themes of the Canadian criminal justice system is that of the balance between individual rights and public protection. This balance is ever-changing and involves a need to allow equilibrium between criminal justice agencies and their ability to apprehend and prosecute offenders as a form of crime control, and the right of citizens to be protected from potential abuses of this power, known as due process (Griffiths, 2007, p. 29). However, it is difficult to maintain this delicate balance. Critics often argue that the balance is tipped in one of these two directions. The present paper examines this balance and attempts to conclude whether the..."

Tags:individual, public, rights

Abstract
This paper deals with the issue of children's rights in criminal and international law in general and looks at Canadian laws in particular. It discusses the fact that in 2002 the federal government created a new juvenile justice system that provided increased options for dealing more adequately with criminal offenses relating to juveniles than did the previous law. It goes on to explain that many of these changes are particularly relevant in terms of the criminal justice system and the attempts to protect the child both as a victim and a witness.

Outline:
Introduction
Sexual offences and changes and amendments to the law

From the Paper
''However, many critics also point out the intricate and complex nature of child abuse often necessitates measures that extend beyond legal aspects alone (Hornick and Bolitho, 1992). This refers to the view that many children witnesses find their role traumatic and have difficulty in facing the accused in court.
''Among the laws that were implemented to meet these goals was the abolishment of the evidentiary requirement for penetration; this meant that legal action could be taken to protect then child across a much broader range of actions. Other evidentiary rules that were also changed included the rule of recent complaint, which was also abolished. This was important as the child who was abused may only disclose the details of the offence at a much later date due to fear or circumstances. Requirements for corroboration in child sexual offence cases were also amended, making the prosecution of offenders easier. This has resulted in the fact that in the contemporary situation a child's evidence can be heard and assessed in terms of the credibility and the legal weight that it deserves, without having to be corroborated by a third party (Respecting Child Witnesses and Delivering Justice, 2004)''

Tags:juvenile, traumatic, court