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Notes for CLN4U Culminating

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  • February 3, 2021
  • 6
  • 2018/2019
  • Class notes
  • Melesanakis
  • All classes
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  • Secondary school
  • 4
  • Canadian Law
  • 1
All documents for this subject (2)
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dhimanthaperera
https://www.justice.gc.ca/eng/cj-jp/tcjs-tsjp/why-pourquoi.html
 Crime rates are as low as in the early 1970s
 The Crime Severity Index has declined 31% in the last decade
 9 in 10 Canadians are satisfied with their personal safety from crime
 8 in 10 Canadians feel safe in their neighborhoods at night
 76% of Canadians have confidence in the police
 The system has become inefficient and at times crippled by delays
 Victims often feel isolated, re-victimized, and voiceless.
 Sexual assault reporting rates are unacceptably low
 Due to the time it takes to get to trial, there are currently more people in provincial jails
awaiting trial or sentencing than actually serving sentences.
 Delays and inefficiencies make it harder for the criminal justice system to focus on catching,
convicting and punishing serious offenders
 One reason is the large number of “administration-of-justice” charges in the system. These
include offences like failing to appear in court or breaching probation and bail conditions
 Judges are no longer able to impose sentences they deem to be fair and reasonable for the
particular offender before them, in all of the circumstances of the case, and must instead
impose mandatory minimum penalties
 Sexual assault incidents are seriously under-reported in Canada. Only 5% of sexual assaults
perpetrated against individuals 15 years and older were reported to police in 2014, compared
to 31% from all crimes
 The charging, prosecution and conviction rates in cases of sexual assault are lower than for
other types of violent crime. These statistics suggest victims of sexual assault lack faith in the
criminal justice system and rightly feel their voices aren’t being heard
 While Indigenous adults make up about 4.1% of the Canadian population, in 2016-17 they
represented 30% of admissions to provincial/territorial custody and 27% of admissions to
federal custody
 50% of youth admitted to custody in 2016/2017 were Indigenous, despite making up only 8%
of Canada’s youth population
 Those suffering from mental illness are also greatly overrepresented in the criminal justice
system, suggesting a need for more tailored and nuanced reforms
 According to some studies, 2/3 of crimes are committed while under the influence of drugs or
alcohol

, Primary Source One: https://www.justice.gc.ca/eng/cj-jp/tcjs-tsjp/stories-recits.html
 After losing his job, David turns to alcohol to help cope with his anxiety and depression.
After a night out with friends, he is arrested for impaired driving
 David’s court case is delayed several times due to administrative reasons
 His anxiety and depression get worse and it takes an emotional toll on David’s wife Ellie and
puts a heavy strain on their relationship
 David’s alcohol addiction soon worsens, making him more likely to re-offend
 In a transformed justice system, David’s case would be heard in a timelier manner, and if
found guilty, would allow him to serve his sentence and get his life back on track as quickly
as possible. Through a criminal justice system that is integrated with other social systems, he
would also receive the support he needs to deal with his mental health and substance abuse
issues. All of which would make David much less likely to re-offend


Primary Source 2: https://www.justice.gc.ca/eng/cj-jp/tcjs-tsjp/stories-recits.html
Charlie
 Born into family with ties to organized crime
 History of violence
 Charged for assault several times as a youth
Ava
 Placed in foster system as a young child
 Ran away at age 15, lives in shelter
 History of substance abuse
Facts:
 Charlie begins to force Ava to have sex with men who have paid him. Charlie becomes
emotionally and physically abusive and threatens her if she tries to leave him
 He is eventually arrested and charged with sex trafficking. The gang he is involved with
pays for his legal representation and Charlie is expected to reimburse his debts by continuing
to be involved in their activities
 After three years of waiting to proceed to trial, Charlie applies for a stay on the basis that his
Charter right to be tried within a reasonable time has been violated. The court agrees and
stays the charges permanently
 Ava is left emotionally scarred by her victimization and does not feel like justice has been
served
 With a transformed court system, there would also be more time and resources to focus on
serious offenders like Charlie

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