Canada
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[edit] Basic Information
Canada's population is 33,487,208, of that population it consists of many different races. British Isles origin consists of 28% of the population, French origin make up 23%, other European make up 15%, Indian and Inuit make up 2%, 6% is made up for Asian, African and Arab, and then 26% is mixed back grounds. The official language consist of two languages, French 23.2% and English 59.3%, and the other 17.5 % is a mix of other languages.In this mix of diversity there is also a mix of religions.43% of the population is Roman Catholic, 23% is Protestant, 4% is Christian, 2% is Muslim, and the other 16% is none. The Geography of Canada is that it covers most of the North American Continent,it is larger than the United States and to the East you will find the Gulf of the St. Lawrence and the Atlantic Ocean. To the west you find the well known Rockies. The highest point in Canada is Mount Logan. The main rivers are the Mackenzie and The st. Lawrence.[1]
[edit] Economic Development, Health, and Education
Canada has a GDP of $1.266 trillion a year, the GDP per Capita is $38,400. Their exports include: motor vehicles and parts, industrial machinery, aircraft,telecommunications equipment, chemicals, plastics, fertilizers, wood pulp, timber,crude petroleum, natural gas,electricity and aluminum. Their imports include: machinery and equipment, motor vehicles and parts, crude oil, chemicals, and durable consumer goods. The key industries in Canada would be transportation equipments chemicals, processed/unprocessed minerals, food products, food and paper products,fish products, petroleum and the natural gas industry. The infant mortality rate is 5.0/1000. The life expectancy rate is 81.2 . The literacy rate in Canada is 99%. The birth rate is 10.2/1000 . The total population of Canada is 33,387,208 people.[2]
[edit] Brief History
Canada obtained independence over years of constitutional changes. Canada was founded by the Vikings by accident, they were making a sailing mission from Iceland to Greenland when they were blown off track to find what we know as today Canada. John Cabot was the person who gave England the rights to Canada in his findings, he found the waters were rich with fish. Canada was taken by France because of Jacques Cartier. New France which is now Quebec was settled in 1604. The seven years war occurred, where there was conflict between France and England over control of the territory, in the end the land was lost to England.Now England holds some control over Canada[2]
[edit] Governance
Canada has a government that would be labeled as a constitutional monarchy, and it is governed by its own house of commons. Canada has a constitution that consists of written acts, customs and traditions. A part of it is the Constitution Act of 29 March 1867. This specific act made a federation with four provinces. Another important act of the Canadian Constitution is Act 17 April 1982. This Act transferred over power from Britain to Canada, along with this shift of power they added a "Canadian Charter of Rights and Freedom".[3]
The government of Canada is organized with 3 branches. The Executive branch which is headed by a monarch, this position is hereditary, there is no elections for this position. Also in this branch is the Governor General, who is appointed by the monarch. Then there is the Prime Minister who is mainly there for advice on issues, who is the leader of the major party of the winner in the legislative elections. The second branch of the Canadian Government is the Judicial Branch. This branch is made up of the Supreme Court Of Canada, the judges are appointed by the Governor General with advice from the Prime Minister. The third branch is the Legislative Branch. This Branch is a bicameral Parliament. The two parts of the Parliament are the Senate and the House Of Commons. The Senate is whom ever the Governor General appoints, they serve till they are 75 years of age. The House of Commons are members elected by direct, popular vote and they are to serve up to five years. It is common in Canada for the Liberal Party to hold the majority of the votes in the house of commons. Government officials mostly get their positions through the Governor General with the advice of the Prime Minister.[3]
[edit] Elections
Canada has elections at least every five years. The elections are always by secret ballot. In order to vote in a Canadian election you must be 18 years of age and a Canadian citizen.[4]
[edit] Judicial Review
[edit] Courts and Criminal Law
The levels of courts in Canada start at the Provincial Court. This is were the majority of cases are dealt with, there are many levels but the two main courts are the Provincial Court then the British Columbia Supreme Court. Only for serious crimes and cases does the Supreme Court hear the case. The majority of cases are dealt with in the Provincial Court where there is a Judge that has been appointed by the Province, and the Judge sits alone without a jury. If the case is serious enough then the accused most often has the right to a trail before a Judge alone. The jury are made up of around 12 people specifically chosen by the lawyer of the accused. The lawyer hand picks non-bias and truthful citizens.The jury are given facts about the law, then they are instructed to use that information and apply to what they hear and court, and determine what the outcome is.[5]
The courts in Canada are organized in levels. First being Provincial or Territorial courts, the nest being the Courts of Appeals, the next is Federal Court, after that Canada has two specific federal courts which are the Tax Court of Canada then The Military Court, after all of these there is the Supreme Court of Canada.[6]
The key factors in the Court system of Canada are the Court itself and the Judge. Many times there isn't a jury to hear the case if it is not of a level of seriousness.Usually in Canada if you commit a crime at the Provincial Level then you are to appear before a judge for sentencing. If the case does has high value and goes to the Federal courts then a lawyer is a factor in the court system. There is also a jury if the case is heard at the Federal level, they are different from the Jury of the United States because this jury is handed all the facts, they are taught what the law is and how the case is applied to it. In this sense the court sets the person accused for failure.
In order to become a Canadian Lawyer there is the same process as other nation's such as the United States. The person must first finish basic college, then they are to attend a law school and pass the LSAT ( a test to determine whether you can attend law school), then after getting their Bachelors Degree in Law they must finish whatever Province they choose to practice ins licensing process.[7]
[edit] Punishment
Many offenses in Canada that are labeled as "Summary Offence" end in the sentence of 6 months maximum imprisonment and $2,000 in fines from the government.[5] In Canada the punishment for rape is life imprisonment and a chance of parole after 25 years.[8] The punishment for white collar crimes are conditional sentencing, and that there is no set punishment for this particular crime.[9] The punishment for treason is automatic life imprisonment, in Canada there is High Treason and Treason but either crime end in the punishment of life in prison.[10] Also in Canada if you commit the crime of theft you are given a sentence of less than two years in prison and fines less than $5,000 [11]
Capital Punishment was abolished in Canada so that is no long an option for sentence. For serious crimes such as murder there is a sentence of jail time, but no matter what degree of murder is you still have a chance of parole after so many determined years.[12] In 1976 the option of Capital Punishment was removed from the Canadian Criminal Code. It was replaced with mandatory life sentences. In 1998 the Canadian Military removed Capital Punishment for the Canadian Nation defense Act.[13]
Prison conditions in Canada are getting worse every year. Many facilities are overcrowded and now with growing rates of mandatory sentencing the prisons are going to be even more overcrowded. It is estimated that because of the mandatory crime rates now set in place the the Canadian Government will be spending and extra $80 million on prisons alone every year. The once good resources available to inmates to further their education and better themselves through rehab are now very limited resources, the waiting list had become so long that man inmates choose not to even enroll themselves in these programs. Canada's new "tough on crime" act is now making the prisoners even worse then when they first arrived to the prisons, they have a 40% re-conviction rate within two years after leaving prison. The people of Canada wants the government to be tough on crime but doesn't want to see their taxes rise along with the conviction rate.[14]
In Canada you are labeled within two categories. You are either white or you are non-white. Statistics rase questions about the fairness of the Criminal Justice System in Canada. The statistics show that minorities are more likely to be warned, have DNA samples taken and more likely to be stopped by a police officer. [15] Along with minorities there are the juveniles of Canada. A person of ages 12 to 17 are viewed as juveniles of the Criminal Justice System. The Youth Criminal Justice Act came into play in April 2003, this was an act placed on the community to help adolescents have stronger ties to the community. Facts show that if a adolescent has stronger ties to the community then he/she is less likely to commit a crime. This act also separated the sentencing for adults and adolescents. Adolescents are tried in different courts along with different punishments compared to adult offenders. If an adolescent commits a crime of seriousness then he/she may be tried as an adult.[16]
[edit] Legal Personnel
[edit] Law Enforcement
In Canada in order to become a considerable candidate for a police officer there a few requirements that need to be followed. The candidate must be 18 years old and a Canadian citizen, there is no official requirement for a college degree but it is helpful in your chances.The candidate must be certified in First Aid and CPR, you also have to pass a series of test for your health and psychological health. After these requirements are fulfilled you can then proceed to the application process and hope for the best. After being selected you are sent to the Police academy for further training.[17] Canada would be labeled as a decentralized multiple coordinated police structure. Canada has police at the municipal, provincial, and federal levels. Each level of police units adhears to its own level of government. [18]
Corruption in Canada is high.Canada is ranked 14 out of 160 countries in the world.[19]
[edit] Crime Rates and Public Opinion
Canada shows a decrease in overall crime rate, it is the lowest that it has been for the past 25 years. Murder has decreased overall in Canada, it is 1.85 per 100,000 people. In the Western Provinces there seems to be a higher rate of murder compared to the Eastern Provinces. The province with the highest rate would be Saskatcheuan, which has a 4.1 rate per 100,000 people.The violent crimes in Canada includes attempted murder, simple assault and assault. One out of every eight crimes there is a firearm used.The Drug crimes in Canada sadly have risen 2% Cocaine seems to be the leading factor at 67%, Crystal Meth rose 8&, and Cannabis actually made up 60% of the entire drug offense statistics.[20] The homicide rate in Canada was 594 people in the year 2007, that was 12 less then the year before. Stabbings accounted for 1/3 of it, firearms 1/3, handguns were 2/3. Police also state that one out of every 5 were gang related.[21]
Public Opinion in Canada is that the punishments for crimes aren't severe enough. The people of Canada want the sentence to play a type of deterrence, protect them from the offender and reflect the seriousness of the crime in the actual sentence. A person is to serve one third of their sentence they are allowed parole, Canadians are fond of this if it is a non-violent crime. One the one third of the sentence is served then the inmate is released into a community where they are to serve the rest of the sentence under parole. Parole needs to be more strict according to 65% of Canadians, that way there is no repeat of the crime that was previously committed..[22]
[edit] Rights
[edit] Family Law
Canada's laws on marriage are very simple law to follow, the two people applying for their marriage license must have a valid ID along with the full name of their parents, and the birth place of their parents. If an individual is getting re-married then their needs to be proof of a divorce or annulment, if an individual was once married and their partner is deceased then they need the death certificate. The fees for getting married vary on the Marriage License Issuer.People that allowed to get married in Canada's eyes are same sex couples, cousins and male and female couples ( over the age of 18).[23]
After marriage is an individual is no longer happy they can file for divorce. The person filing for divorce can choose to settle in court or out of court. Out side of the court room the two people getting a divorce have lawyers divide and come to an agreement on assets and child custody. If the divorce is settled in court the person after filing for divorce must submit a financial statement, that list the income of the person and the expenses and money needed to live off. Along with the financial statement can be a request for child custody.After the paperwork is submitted the papers are served to the spouse or the spouse's lawyers, they have thirty days to respond to the statement, if they disagree with the list of needs you have then it goes to a conference. If the two people cannot come to an agreement on financial needs and child custody then it moves on to a trial.The judge decides on what is best for the couple divorcing and the children (if any) involved also.[24]
Adoption is Canada is dependent on which province you live in. Each province has its own set of laws regarding adoption. Even though each province has their own set of laws there is a minimum of four home visits with a social worker and if the parents are adopting with aid from the province and not out of their own pocket then they are required to go to a PRIDE class for nine weeks. The process for adoption is very lengthy and the quickest way to adopt would to go through an agency, but it can be very expensive when doing so.[25]
[edit] Social Inequality
[edit] Human Rights
In the Canadian government they have what is called the "Canadian Charter of rights and freedoms" which states what right a human has. These rights included in the Charter are the fundamental freedoms which are freedom of speech, thought and association. After the fundamental rights it lists the democratic rights(the right to vote), mobility rights(come and go as you please), legal rights, equality rights(no discrimination in the laws eyes) and also language rights. This Charter was created by the Canadian government in 1982 to ensure the rights of their citizens.[26]
Every citizen in Canada is promised equality in Canada. No matter what province or territory the government still protects them from discrimination. A Canadian Citizen is promised that he/she will not be discriminated against on grounds of origin, race, religion, sexual orientation (the most recent added), mental ability and age. The government will protect their citizens in any province, hospitals, schools, human resource centers and any other government ran business. The Canadian government goes through numerous checks with restaurants and retail stores to ensure that their citizens' basic rights are not being violated.In Canada every class or category of people are equally protected. Every citizen is guarantee the same right as everyone else.[26]
[edit] Works Cited
- ↑ http://www.infoplease.com/ipa/A0107386.html?pageno=2
- ↑ 2.0 2.1 http://www.infoplease.com/ipa/A0107386.html?pageno=2
- ↑ 3.0 3.1 http://www.travelblog.org/world.ca-gov.html
- ↑ http://www.goingtocanada.gc.ca/CIC/display-afficher.do?id=0000000000013&lang=eng
- ↑ 5.0 5.1 http://www.canadalegal.info/ref-canada-criminal-law/canada-criminal-law-courts.html
- ↑ http://www.justice.gc.ca/eng/dept-min/pub/ccs-ajc/
- ↑ http://www.ehow.com/how_2307323_become-lawyer-canada.html
- ↑ http://www.rapereliefshelter.bc.ca/faq/guilty.html
- ↑ http://www.damianpenny.com/archived/007811.html
- ↑ http://en.wikipedia.org/wiki/Treason#Canada
- ↑ http://www.lawyers.ca/statutes/criminal_code_of_canada_theft.htm
- ↑ http://canadaonline.about.com/od/crime/a/abolitioncappun.htm
- ↑ http/://canadaonline.about.com/cs/crime/a/cappuntimeline.htm
- ↑ http://thestar.com/specialsections/crime.articles/460751
- ↑ http://thestar.com/specialsections/crime.articles/460755
- ↑ http://www.esc-eurocrim.org/files/ch02.pdf
- ↑ http://www.ehow.com/how_4450748_become-police-officer-canada.html
- ↑ Reichel, Philip L, Comparative Criminal Justice systems, 210
- ↑ http://www.nationmaster.com/graph/gov_cor-government-corruption
- ↑ http://www.canadaonline.about.com/od/crime/a/crimerates2006.htm
- ↑ http://www.statcan.gc.ca/daily-quotidien/081023/dq081023a-eng.htm
- ↑ http://www.justice.gc.ca/eng/pi/rs/rep-rap/2001/rr01_1/p4_1.html
- ↑ http://marriage.about.com/cs/marriagelicenses/p/canada.htm
- ↑ http://www.canadiandivorcelaws.com/divorce-procedure/
- ↑ http://www.adoptioninformation.com/Adoption_for_Canadians
- ↑ 26.0 26.1 http://www.unac.org/rights/actguide/canada.html
