The Working Principles of Canada's Court System

Canada’s justice system plays a critical role in ensuring Canada is a just and law-abiding society with an accessible, efficient and fair system of justice. And, to an extent, it has succeeded in doing so. systems such as the appeal process in Canada and how judges are hired. despite this, there is still a pressing need to improve the efficiency, effectiveness and fairness of Canada's justice system. Whether it's increasing discretion for judges, reducing the number of vulnerable and marginalized people in the system, or completing cases faster, it is clear that there is definitely room for improvement.

One of the most important things about Canada’s justice system is that the judges are independent. This means they are separate from other parts of government that make and enforce the laws. The government makes the laws, and the judges apply those laws when they make decisions in court. Judges are also not pressured to make one decision or another in court. This is because their jobs are secure – they keep their jobs until they retire. They cannot be threatened to be fired if they make an unpopular decision. Judges are paid well so they do not accept money from anyone to make a particular decision.

In addition, the Chief Justice of every court has the right to decide how the courts are managed, not the government. The right to appeal a court’s decision is also Crucial In Ensuring Fairness In Canada’s legal system. If either party in a trial disagrees with a judge’s decision, they can call upon the Provincial/Territorial Courts of Appeal, the Federal Court of Appeal and/or the Supreme Court of Canada to review it. The party who appeals must show that the judge's interpretation of the law or the facts affected the result. If the appeal court allows the appeal, it can reverse or change the judge’s decision, or order a new trial or hearing.

If there is still a disagreement with the appeal court’s decision, The Appeal Court Can Call Upon The Supreme Court of Canada – The final court of appeal. It only agrees to hear cases that are important across the country or that have to do with unsettled areas of law. If it does not agree to hear a case, the decision of the court of appeal stands. If the Supreme Court agrees to hear a case, it can either reverse or change the judge’s decision, order that there should be a new trial or hearing or agree with the court of appeal’s decision. However, there are ways Canada’s justice system needs to change to ensure long-term safety and justice for all Canadians. For an increasing number of offenses, judges are no longer able to impose sentences they deem to be fair and reasonable for the particular offender before them, in all of the circumstances of the case, and must instead impose mandatory minimum penalties. For many offenders, this is not a problem.

Their actions are deserving of serious punishment. Indeed, some suggest mandatory minimum penalties provide certainty in sentencing and help to ensure people are treated equally. In practice, though, they often make it hard to ensure the punishment fits the crime. Delays within the justice system are also becoming increasingly harmful to victims, communities, and the accused. Due to the time it takes to get to trial, there are currently more people in provincial jails awaiting trial or sentencing than actually serving sentences. Victims and their families often have to wait years to see justice done, and some have even seen charges against the accused dismissed before trial, due to constitutionally unacceptable delays. Delays and inefficiencies make it harder for the justice system to focus on catching, convicting and punishing serious offenders. Perhaps the most problematic aspect of Canada’s justice system is the overrepresentation of vulnerable populations as both offenders and victims.

In Canada, Indigenous people are the most at-risk of becoming involved with the justice system. The degree of overrepresentation cannot be understated. While Indigenous adults make up about 3% of the Canadian population, they represent almost 30% of admissions to provincial/territorial/federal custody. Canada’s justice system is considered among the best in the world. Many other countries have mirrored some of Canada’s Charter and Canadian judicial officials are often chosen to serve on international courts and tribunals. Despite This, The system has become inefficient and at times crippled by delays. Judges have less discretion than ever to ensure the punishment fits the crime for the accused. Indigenous peoples are seriously overrepresented in Canada’s prisons, particularly females.