View Criminal Code of Canada: http://laws-lois.justice.gc.ca/eng/acts/C-46/
What is the purpose of this act?
What powers are conferred on the state or its agents?
How does this act benefit society?
List governmental and community based agencies that work within this legislated act.
What issues may be associated with the administration of this act?
How would you support and advocate for your clients in relationship to this act?
Identify community resources in your area that may assist clients to navigate through legal systems.
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
To Spank Or Not To Spank
By Laura Di Battista, CBC News, September 15, 2012
http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Here+and+Now+Toronto/ID/2276155165/
Under Section 43 under the Criminal Code of Canada it is stated that “Every schoolteacher, parent, or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who under his care, if the force does not exceed what is reasonable under the circumstances”. CBC reporter Laura Di Battista interviews Barbara Coloroso, author of "Just Because It's Not Wrong, Doesn't Make It Right,” who examines Section 43 of the Criminal Code, in relation to spanking. Di Battista, among many others, view spanking as an abusive act that may have long-term effects on a child’s development. But according to the Criminal Code of Canada, this act is acceptable.
What is the purpose of this act?
- The Criminal Code of Canada is a code respecting the Criminal Law. It codifies most criminal offenses and procedures in Canada.
What powers are conferred on the state or its agents?
- This code is administered by the following: the Canadian Parliament, the legislature and Province of Canada, the legislature of the provinces, and the ordinance of the legislature of a province, territory, or place in force at the time that the province, territory or place became a province of Canada.
- Provincial Police Forces and the RCMP of Canada are the enforcers of the law in terms of the Criminal Code of Canada. But it is through the laws and systems of the Canadian Court System, and the Attorney General that these enforcers gain power, order, and merit in their authority.
How does this act benefit society?
- This Act benefits society by ensuring protection to the general public from criminal offenses. It also serves to ensure that those who perform criminal acts are held accountable, and complete the required steps in acknowledgement, punishment, and recovery.
- The Criminal Code of Canada is closely linked to the Legal Rights (Section 7 through 14) of a Canadian citizen, listed under the Canadian Charter of Rights and Freedoms.
List governmental and community based agencies that work within this legislated act.
- Crime Stoppers: http://www.bccrimestoppers.com/
- Victoria Police Department: http://vicpd.ca/
- RCMP of British Columbia: http://bc.rcmp.ca/
- People Who Work With Offenders: http://www.publicsafety.gc.ca/prg/cor/acc/ff7-eng.aspx
- Correctional Service of Canada: http://www.csc-scc.gc.ca/text/index-eng.shtml
What issues may be associated with the administration of this act?
- The Criminal Code of Canada is very long and convoluted, it is not user-friendly in nature, and requires a strong knowledge of governmental jargon and surrounding laws for a full comprehension. It is quite possible that those affected by the code will not have a strong understanding of the weight it carries.
- The Act holds a lot of information that may be overlooked due to the way it is presented; it does have a thorough Table of Contents, but even this portion of the document is over 50 pages long.
How would you support and advocate for your clients in relationship to this act?
- By keeping my clients well-informed of their rights in regards to the law and what pertains to a criminal act. It is integral to know the legalities around their actions and decisions.
- When working with youth, I would advocate for their trial under the Youth Criminal Justice Act, and ensure that they are protected by appropriate legislation.
- I believe that a firm understanding of one’s Rights and Freedoms is a more effective way of understanding the Criminal Code of Canada. If one can grasp their rights and what they are accountable for, than the polar becomes evident and relational.
Identify community resources in your area that may assist clients to navigate through legal systems.
- The John Howard Society actively seeks opportunities to speak with groups, schools and individuals about the criminal justice system and the work of the Society: http://johnhoward.victoria.bc.ca/programs.html#PS
- The Justice Education Society has put out a user-friendly information guide for victims of crime. This guide covers the aftermath of a serious crime, your rights, reporting a crime to the police, the Crown Counsel and court systems, and sentencing and corrections: http://www.courtchoices.ca/resources.htm
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
To Spank Or Not To Spank
By Laura Di Battista, CBC News, September 15, 2012
http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Here+and+Now+Toronto/ID/2276155165/
Under Section 43 under the Criminal Code of Canada it is stated that “Every schoolteacher, parent, or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who under his care, if the force does not exceed what is reasonable under the circumstances”. CBC reporter Laura Di Battista interviews Barbara Coloroso, author of "Just Because It's Not Wrong, Doesn't Make It Right,” who examines Section 43 of the Criminal Code, in relation to spanking. Di Battista, among many others, view spanking as an abusive act that may have long-term effects on a child’s development. But according to the Criminal Code of Canada, this act is acceptable.