unit 2 Flashcards

1
Q

What are the principles/goals of the Youth Criminal Justice Act?

A
  • Youth must be accountable for their actions
  • Rehabilitate youth by instilling positive attitudes and behaviours so they may - - reintegrate into society again
  • Consequences determined for each case in timely manner
  • Public must be protected from serious offenders and victims should receive justice
  • Prevention of repeat offenders
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2
Q

How does youth and adult justice differ in Canada?

A

Depending on your age, youth and adults get different treatment. People of youth receive..
- right of privacy
- Allows most young offenders to avoid a criminal record.
- Allows some young offenders to face consequences such as counselling and community service.
- Prohibits adult sentences for youths 12 to 14 years of age.
- Allows adult sentences for young people 14 years of age and older who have committed serious crimes.

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3
Q

What factors determine consequences under the YCJA? What are meaningful consequences?

A

The SERIOUSNESS of the offence. For example, a violent offence is more serious than a non-violent offence.

The HISTORY of the young person. For example, someone who’s been in trouble before may face more serious consequences than a first-time offender.

The ATTITUDE of the young person. For example, a young person who takes responsibility for their actions will face less serious consequences than someone who does not.

The CIRCUMSTANCES of the young person. For example, a young person’s actions may relate to substance abuse, or to a situation they face at home or in their community. They may need support from a social worker more than consequences from the justice system.

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4
Q

Justice Advocacy Groups: Purpose + be familiar with the John Howard Society and the Elizabeth Fry Society

A

A Justice Advocacy group is a citizen led organization that works independently of gov. to try and solve underlying reasons for crime.

EFS - works with women/girls specifically
JHS - supports in housing

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5
Q

What are Sentencing Circles?

A

Alternative to a sentencing hearing.
Community-based process where community members try to agree on an appropriate sentence that everyone is satisfied with.
Includes the accused, the victim, an elder, judge, Crown, and lawyer.
Generally used when the victim and community are deeply affected, and the goal is to restore peace and justice within the community.

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6
Q

What are the sections under the Charter of Rights and Freedoms?

A

Fundamental Freedoms
Democratic Rights
Mobility Rights
Legal Rights
Equality Rights

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7
Q

Fundamental Freedoms

A

Certain freedoms that are guaranteed to people. (ex. freedom of religion, opinion, thought, belief, expression, etc.)

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8
Q

Democratic Rights

A

Rights based off the government (ex. people must be 18+ in order to vote, the government is required to hold an election atleast once every 5 years, elected governments cannot hold power forever)

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9
Q

Mobility Rights

A

Rights on the ability to go places (ex. moving around the country for a career, right to enter, stay or leave Canada, allows people to seek opportunities in their profession)

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10
Q

Legal Rights

A

Rights based on the Justice System (ex. Right to be secure against unreasonable search and seizure, right to be assumed innocent until proven guilty)

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11
Q

Equality Rights

A

Rights based of the characteristics of a person (ex. : Equality before the law, when all people have the same rights. everyone over the age of 18 can vote no matter what)

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12
Q

Official Minority Language Rights

A

Rights based on language

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13
Q

Minority Language Rights

A

Rights based on the official languages of Canada for education

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14
Q

How does the Charter of Freedoms protect Canada?

A

The charter offers rights to everyone living in Canada which are applied to anybody with no discrimination.

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15
Q

Internment of Ukrainian Canadians.

A

Thousands of people of Ukrainian and Eastern European descent were interned in concentration camps across Canada when the Canadian government’s First National Internment Operations occurred during 1914-1920. These people were interned not for something they had done but simply because of where they had come from.

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16
Q

Internment of Japanese Canadians

A

Canada declared war on Japan shortly after and there was widespread fear that anyone of Japanese descent, in particular the coastal fishers who made up the majority of B.C.’s fishing fleet, might act against Canada’s interests.

17
Q

Internment of Italian Canadians.

A

In 1940, after Italy joined the Second World War as an ally to Germany, over 600 Italians were interned in camps under the authority of the War Measures Act and the Defence of Canada Regulations. Approximately 31,000 Italian Canadians were declared “enemy aliens”, and had to report to local registrars once per month.May 27, 2021

18
Q

Who are granted collective rights in Canada? Why are they granted collective rights?

A

Aboriginal People, Francophones, Anglophones

English and French have collective rights because they have a higher population than any other groups in Canada. First Nations have collective rights because they were here in Canada before we were.

19
Q

What document are the collective rights embedded within?

A

United Nations Declaration on the Rights of Indigenous Peoples

20
Q

What was the Indian Act?

A

The Indian Act attempted to generalize a vast and varied population of people and assimilate them into non-Indigenous society. It forbade First Nations peoples and communities from expressing their identities through governance and culture.

21
Q

How does the Indian Act recognize the status and identity of Aboriginal peoples?

A

It forbade First Nations peoples and communities from expressing their identities through governance and culture.

22
Q
  • Why did the First Nations refuse the changes that the government granted them in 2002?
A

Aboriginal peoples across Canada who felt that assimilating into mainstream Canadian society was not the means to achieve equality.

23
Q

What section of the Charter refers to the rights of the Aboriginal people of Canada?

A

section 35 of the Constitution Act , 1982, Part II -Rights of the Aboriginal Peoples of Canada, states that the existing Aboriginal and treaty rights of the Indigenous Peoples of Canada

24
Q

How does Treaty 6, 7 and 8 recognize the status and identity of Aboriginal peoples?

A

The government thought the treaties would help to assimilate First Nation peoples into white, colonial society and culture. To First Nation peoples, treaties were oral agreements that discussed sharing the land. These oral agreements were later written by the government, omitting certain oral promises.

25
Q

What are the general terms of the treaties (6,7,8)?

A
  • Yearly payments ($25 per chief, $15 per headman and $5 for others)
  • Promise of medical care (medicine chest, guaranteed assistance for famine of disease)
  • Cede land (grant)
  • Given 6.472 km of land per family of 5
  • Land titles gave indigenous peoples their rights of being apart of the treaty
  • Allowed fishing and hunting
26
Q

Métis Settlements in Alberta

A