Comparative law and justice/Canada

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Basic Information

Canada's population is 33,487,208, of that population there is a mix of races. British Isles origin consists of 28%, 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, French 23.2% and English 59.3%, and the other 17.5 % is a mix of other languages.In this mix of diverse race 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 would be Mount Logan. The main rivers are the Mackenzie and The st. Lawrence.

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 equipmentm 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.

Brief History

Canada obtained independence over years of constitutional changes. Canada was founded by the Vikings on accident, they were making a sailing 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.

Governance

Canada has a government that would be labeled as a constitutional monarchy, and it is governed by its own house of commons. Government officials mostly get their positions through the governor general with the advice of the Prime Minister. 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".

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.

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.

Courts and Criminal Law

The levels of court start at the Provincial Court. This is were many cases are dealt with, there seems to be only two levels, which 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. They pick 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. The courts in Canada are organized in levels you could say. 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. The key factors in the Court system would be the Court itself and the Judge. Many times there isn't a jury to hear the case if it is not of a significant crime. Usually in Canada if you commit a crime at the Provincial Level then you are to appear before a judge for sentencing. If the role 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, the attend a law school and pass the LSAT ( a test to determine whether you can attend law school), then after getting their BA in Law they must finish whatever Province they choose to practice ins licensing process.

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. 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 in jail, but no matter what degree of murder is you still have a chance of parole after so many determined years.

Law Enforcement

In Canada in order to become a considerably candidate to become 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 fill out an application and hope fore the best. After being selected you are sent to the Police academy for further training. Corruption in Canada is sadly high. In fact Canada is ranked 14 out of 160 countries in the world.

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 8 crimes there was 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. 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. 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..