Disclaimer: This essay has been written by a law student and not by our expert law writers. View examples of our professional work here.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. You should not treat any information in this essay as being authoritative.

Evaluation of Canada's Equity Framework

Info: 1114 words (4 pages) Law Essay
Published: 18th Nov 2020

Reference this

Justice is the idea of good rightness dependent on morals, reasonability, law, regular law, decency, religion as well as value. Equity is the aftereffect of the reasonable and legitimate organization of law. It is the nature of adjustment to truth and authenticity in communicating sentiments and indirect; a reasonable portrayal of realities regarding the legitimacy or bad mark. Canada's criminal equity framework is mind-excessive: government, common, regional, and city offices and associations all have an influence and offer obligation regarding the criminal equity framework. Changing the criminal equity framework includes looking at how the criminal equity framework functions and how its various segments identify with other social emotionally supportive networks in our general public. Regardless of its numerous qualities, there are ways Canada's equity framework needs to change to guarantee long wellbeing and equity for all Canadians.

Procedural issues identifying with how a case is attempted can have awful ramifications for wrongful convictions. Professional misconduct identifies with how the police and arraignment handle a case, just as the determination with which the barrier is mounted. Although it comprehends that by far most of the legal advisors and police act with the best of expectations, the defense counsel can misuse their customer's case. Defense counsel, particularly those gave to bring down salary people through Legal Aid, are regularly exhausted and have a lot higher case-load than is economical. This impact of extending too far could prompt mix-ups in judgment. In 1959, Steven Truscott was just fourteen years of age when he was accused of the homicide of his peer Lynne Harper. After his illegitimate conviction, Steven went through almost 50 years looking for equity before he was vindicated by the Ontario Court of Appeal in 2007. Despite his young age, Steven was requested to stand preliminary as a grown-up. The Crown hypothesized that instead of dropping Lynne off as he professed to have done, Steven killed into the hedge and executed Lynne. Steven demanded all through the procedures that he was guiltless. He affirmed that Lynne was safe when he dropped her off. Witnesses likewise noticed that Steven appeared to be ordinary when they saw him on the school grounds at 8 p.m. that night. Nobody had seen Steven entering or leaving the zone where Lynne was murdered. Despite barrier endeavors, on September 30, 1959, the jury saw Steven as blameworthy and suggested that he be condemned. Steven offered his conviction to the Ontario Court of Appeal, however, the Court consistently rejected his allure. He at that point applied to the Supreme Court of Canada for leave to claim his conviction. On February 24 of that year, that court likewise rejected his application for leave to request. The Court of Appeal was given two informal renditions of Lynne's examination report that had not been made accessible to the members of the jury during Steven's preliminary. Following the consultation in 2006, the Court of Appeal presumed that if guard counsel had thought about the vulnerability of the clinical proof encompassing Lynne's season of death, just as the multiple occasions that Dr. Penistan changed his assessment right now, would have interrogated him on his clashing suppositions. In the first place, the Crown's inability to uncover the informal renditions of Dr. Penistan's post-mortem examination report in 1959, caused the safeguard guidance and jury individuals to miss essential excusing data. Second, the Crown's inability to uncover Dr. Penistan's "horrifying reappraisal" in 1966, correspondingly assumed a job in baffling a lot prior to endeavoring to upset Steven's improper conviction. Another factor prompting Steven's improper conviction may have been that police and examiners concentrated too soon on Steven as the main suspect in Lynne's homicide; this wonder is known as "exclusive focus." The Court of Appeal didn't choose whether or not Steven was unreasonably focused right now.

The conjecture of innocence is crucial to making sure a good trial in individual cases. Without the presumption of innocence, it might comply with respecting the human dignity of individuals who are involved in perpetrating crimes. This might lead to a deliberate bias, which might impact the integrity of the justice system. Likewise, to work out whether or not the system is simply is to determine if people are being wrongfully convicted or wrongfully found clean-handed. If the system wrongfully convicts someone against the law they didn't commit, how is it just that they are sentenced? Where is that the justice if someone simply unresponsible is being made to serve long prison terms? If someone is found not guilty once they truly are guilty, this implies the system has not proven justice and is profoundly flawed. Lastly, is to form sure that the jury who made the ultimate decision made an unbiased decision essentially supported the facts of the case. The jury oftentimes emphasizes a final say in cases, and that they will side with whatever they consider and also with someone of comparable race. If the jury shares similar values that will not be the most effective morally, then the perpetrator will receive improper sentencing which relates to the primary point.

 Although Canada has strived to make its justice system more equitable to all, there are still flaw within its system. Changing the criminal value structure incorporates taking a look at how the criminal value system capacities and how its different sections relate to other social genuinely steady systems in our overall population. Despite its various characteristics, there are ways Canada's value structure needs to change to ensure long prosperity and value for all Canadians.

Works Cited

  • “Causes of Wrongful Convictions.” Innocence Canada, www.innocencecanada.com/causes-of-wrongful-convictions/.
  • Department of Justice. “Where Our Legal System Comes From.” About Canada's System of Justice, 16 Oct. 2017, www.justice.gc.ca/eng/csj-sjc/just/03.html.
  • Department of Justice. “Why We Are Transforming the Criminal Justice System.” Canada's System of Justice, 1 Aug. 2018, www.justice.gc.ca/eng/cj-jp/tcjs-tsjp/why-pourquoi.html.
  • “Steven Truscott.” Innocence Canada, www.innocencecanada.com/exonerations/steven-truscott/.
  • US Legal, Inc. “Justice Law and Legal Definition.” Justice Law and Legal Definition | USLegal, Inc., definitions.uslegal.com/j/justice/.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: