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CRIM 1116 (19)
K.Chin (19)
Lecture

crim 135-Minority Language Educational Rights.docx

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Department
Criminology
Course
CRIM 1116
Professor
K.Chin
Semester
Winter

Description
Minority Language Educational Rights Section 23 citizens of Canada Remedies Under the Charter Section 24(enforcement) anyone whose rights or freedoms have been infringed upon or denied can apply to a court of competent jurisdiction to obtain such remedy as court considers appropriate and just. Notwithstanding clause-section 33 of charter which allows a legislature to enact laws that specifically override the rights and freedoms in the charter by stating that the legislation will operate even though it could or does infringe constitutional rights Argued that passage of charter as a constitutional document gave Canada’s judges the power to make law a power that should never be given to individuals that are not elected and hence not accountable to the general public Police say sections 7-14 of charter has hampered their ability to enforce the law effectively makes it more difficult to detect arrest and prosecute criminals. Nothing in the charter about economic rights or equality -Restorative justice-focuses on the offender taking responsibility for the crime committed and attempting to repair or restore the damage done by his actions. Purpose is to promote reconciliation of victim offender and community The structure of Canada’s court system -Provincial court- the first court in hierarchy of Canada’s courts. Trial courts of province have four divisions: criminal youth small claims and family. 90% of all offences heard in prov court in criminal division superior courts of the province- 2 divisions in the superior courts of the province: the trial division(hears most significant criminal and civil cases) and the appeal division(hears all appeals prior to possible consideration by the SCC) Supreme court of Canada-highest court 9 justices hears appeals in relation to significant criminal and civil cases and references regarding constitutional matters. The provincial courts Criminal division -Hears all summary conviction offences and all offences under provincial statutes (ex motor vehicle act and liquor licensing act) -Indictable offences have more serious consequences than summary small claims court designed for citizens without lawyers youth and family division Hears matters arising out of disputes within families divorce custody etc) Hears cases pursuant to the youth criminal justice act Family court is more informal and less adversarial atmosphere than criminal division Small claims division -Hears minor civil matters outside the context of the family average citizen can seek compensation without a lawyer -Primarily c
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