Is “judicial activism” democratic?
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• At what point does the judiciary’s interpretation of the law begin and the power of government [executive/legislative branches] to make decisions end? • Canadian Charter written “to ensure democracy was robust, substantive and allowed for a dialogue between Courts and governments” • Is the judiciary democratic? Kent Roach’s argument…. • International recognition of Section 1 of CCRF • Government avoidance/interpretation. Is “judicial activism” democratic
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Is “judicial activism” democratic?. At what point does the judiciary’s interpretation of the law begin and the power of government [executive/legislative branches] to make decisions end? - PowerPoint PPT Presentation
Transcript of Is “judicial activism” democratic?
• At what point does the judiciary’s interpretation of the law begin and the power of government [executive/legislative branches] to make decisions end?
• Canadian Charter written “to ensure democracy was robust, substantive and allowed for a dialogue between Courts and governments”
• Is the judiciary democratic? Kent Roach’s argument….
• International recognition of Section 1 of CCRF• Government avoidance/interpretation.
Is “judicial activism” democratic?
Judicial Activism
Judicial Activism?
Person’s Case (1927)
Chaoulli v Quebec (2005)
Same Sex Marriage (2005)
Sentencing
Chapter 9
Guiding QuestionsWhat are the traditional objectives of sentencing?Are these objectives changing? What is influencing this change?What are the goals of sentencing per the Canadian Criminal Code?What sentencing options are available to judges?What is the appeal process, and for whom?What is the objective of release?What are the options for release?
Sentencing: Objectives
Restitution
Rehabilitation
Retribution
Public Safety?Order?Peace?
Sentencing: Factors to Consider
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Sentencing: Factors to Consider
Criminal Code vs. Charter
Proscribes sentences available for the offense
Subject to political discussion (minimum sentences for gun crimes, no pardons for pedophilic offenses
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. (Section 12).
Sentencing: Purpose and Principles
Deterrence Segregation
Rehabilitation Retribution
Sentencing: Purpose and Principles
• Proportionality• Mitigating circumstances
• Aggravating circumstances
• Section 718.2
Sentencing: Options
Absolute/Conditional Discharge
Suspended Sentence/Probation
Conditional Sentence
Suspension of Privilege
Peace Bond
Restitution/Compensation
Community Service
Deportation
Fine
Imprisonment
Capital Punishment
Restorative Justice
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Sentencing: Appeals
Both accused and Crown have the right to appeal sentence. Votes and reasons/dissenting arguments disclosed. Results: Change verdict, change sentence, order new trial. Hierarchy of courts in effect.
Summary offenses Transcripts, statements of facts reviewed. Higher court appeals hear arguments. New evidence only admissible if relevant, credible and impactful. Question of law (interpretation) or fact (relevance, credibility of evidence)
Indictable offenses Defense: law, law and fact, fact alone (requires permission), other reason
deemed worthy Crown: law, sentence (requires permission), stay of proceedings or invalid
indictment
Looking Ahead
Restorative Justice (Guest Speaker January 13rd- Catherine Bargen)
Corrections System (Guest Speaker January 21st- Sandra Thiessen)
Young Offenders
Seminars: Wrongly accused/convicted, Minorities in the system, Legal Aid, Legal Fees
Comparative Assessments
