Current State of Affairs

Positive Trends in the Justice System:

• There are more accurate convictions based on the development of forensic investigation and the use of DNA.
• Less expensive means of acquiring justice are available through the use of arbitrators and mediators, thus avoiding court involvement.
• Alternate methods of retribution are being used. These are less punitive and focus on healing both the victim and the perpetrator.
• There is increased International involvement and awareness in human rights issues both within Canada and globally.
• More attention is being paid to victim rights issues. Is Justice being met are victims vindicated?
• Electronic monitoring of internet, use of “bugs”, cameras and electronic listening and imaging to catch criminals are becoming more accessible.
• Controversy continues over the publication of the names and addresses of convicted dangerous offenders and sexual predators.
  ·

Negative trends in Canadian justice:

• People express their concern over distrust in the justice system in general.
• There are increasing concerns over issues regarding individual privacy and various methods of profiling and surveillance.
• If major world powers like the US refuse to recognize the world court when it comes to war crimes and other decisions…Who polices world court decisions?

Interesting Trends:

• The development of alternate dispute resolution processes.
• “Healing and sentencing circles” tap into aboriginal traditions
• Canada’s immigration laws and response to threats of international terrorism.
• Under arbitration, religious groups can apply their traditional laws. These may contravene the Charter.
  

Blasts from the Past

The Charter of Rights has opened the door to several challenges to the constitution:
o It has affected women’s rights
o Created pay equity issues.

Not-withstanding-clause has allowed governments to opt out of constitutional issues arising from the Charter of Rights:
o In Quebec Bill 178 allows the Quebec government to contravene the Charters guarantee of freedom of speech by legislating French Only laws.
o In Alberta, (where the Sex Sterilization act was challenged by citizens and advocates of those who were sterilized without their consent) the government used Bill 26 and the “clause” to override the Charter.
o In Alberta the not withstanding clause is being used to limit gay and lesbian rights.

The Young offenders Act was designed to protect youth from the harshness of the criminal justice system.
o Young offenders seem to go with out punishment for crimes committed.
o There seems to be less affective rehabilitation of offenders.
· War Crimes and involvement with world court systems have created issues around:
o The capture and trial of those involved in war crimes
o Canada’s support port for and involvement in the World court in the Hague.

Capital punishment has been an on going controversial issue for years.
o Should we extradite criminals to US states were capital punishment is an option?
o Do certain crimes require more harsh retribution as provided by the death sentence?

Future World

• Will the Use of stats and demographics to predict future approaches to crime prevention become more prevalent?
• Will Canada continue to support Aboriginal Self Government and Land Claims?
• How will the diversity of Canada’s population affect laws and justice in Canada?

Overview

What is the future of the justice system in Canada?
Will it continue to play an emerging role in the development of law and legislation?

How will the justice system affect human rights?

How will Canadians reflect on or be impacted by world courts and laws?

 

1. Start by reading about the past, present and future by following the above links to Blasts from the Past, Current State of Affairs, and Future World.
   
   
2. You can then explore
   External Links for Justice Systems
   
   http://canada/justice.gc.ca/en/jus
   http://talkjustice.com/top100.asp
   http://talkjustice.com/
   
   
3. Finally, Participate in Pre-NEXUS Discussions.

Refine your ideas and clarify your perceptions via discussions with your peers. You can access and participate in discussions via the NEXUS.eBoard.com conference site (student password = nexus).

* At NEXUS, you and your peers will further refine and publish your ideas.