Mandatory Minimum Sentences in Canada Essay - 2983 Words

Introduction This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as†¦show more content†¦The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repe at offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s disc retion during the sentencing process. These will be discussed in more depth throughout this paper. Issues of Mandatory Minimum Sentences There are many mandatory minimum sentences that have been placed in the Canadian law to help prevent crime from happening and toShow MoreRelatedCriminal Code And Charter Sections1414 Words   |  6 PagesSections Sentencing provisions in Canadian law are found in s.718.1 and s.718.2 of the Criminal Code, which states that, â€Å"sentences must be proportionate to the nature of the offence, reduced or increased depending on the mitigating and aggravating factors, must be similar to sentences imposed on similar offenders for similar offences in similar circumstances, and if the sentence is consecutive, it must not be unduly long or harsh.† Therefore, an offender should not be deprived of their liberty ifRead MoreThe Overcrowding Of The Correctional Facilities1730 Words   |  7 Pageson crime† for political gain. As mandatory minimum sentences and tougher conditional release criteria are introduced the population of those incarcerated increases. It causes unnecessary emotional and physical harm to prisoners. It also places inmates and correctional staff in danger. Something must be done before a major incident occurs as a result of negligent policies. Overcrowding affects nearly every correctional institution in the United States and Canada. In British Columbia some maximum-securityRead MoreThe Challenges of Creating and Implementing Crime Policy in Canada996 Words   |  4 PagesIntroduction Social policies are constructed to guide society. These policies are influenced by the collective morals and values of the people living in a society. Social policies in Canada are founded on the best interest of Canadians. Most importantly, social policies address issues by creating and implementing the appropriate solutions. Politicians have the prime role in creating policies and ensuring that these policies provide an answer to key issues in society. 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In addition, there are also mandatory minimum sentences for several other offences, such as child prostitution, betting, pool-making, and impaired driving. Mandatory minimum sentences impose legislated punishments, furthermoreRead MoreDTSM Assignment882 Words   |  4 Pagesfor up to two years. What is impaired driving? Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while under the influence of alcohol or drugs. It is a crime under the Criminal Code of Canada and the consequences are serious. You may: lose your licence have your vehicle impounded need to pay an administrative monetary penalty need to attend an education or treatment program be fined upon conviction be required to install an ignition interlockRead MoreThe Canadian Bar Association Was An Appropriate Intervener1838 Words   |  8 Pageswas an appropriate intervener for two reasons: the CBA had a strong interest in the mandatory minimums within the impugned legislation and the perspective of implementing an exemption would act as a good alternative to amending the legislation in case the judiciary did not see good enough reason to dismiss the appeal. I will present an explanation for why the CBA argued for an alternative to the mandatory minimum, how it relates to the submissions of the respondents, and the reasoning behind theRead MoreThe Issue Of Gun Control1356 Words   |  6 Pageslaw-abiding citizens who use guns for legitimate purposes. HISTORY OF GUN CONTROL In 1892 Canada passed its first criminal code for gun control required citizens to obtain a permit in order to carry a pistol. In the mid-1930s, the government intensified their gun laws by requiring registration for all handguns. The restriction of automatic weapon ownership was also enacted within the next 40 years. In 1977 Canada passed Bill C-51. This law not only required that citizens obtain a Firearms AcquisitionRead MoreMarijuana Prohibition Canada1372 Words   |  6 PagesMarijuana has been a long on going battle as to whether marijuana should be legal in Canada and taken out of this act. The law behind the drug has a long history and many failed attempts at decriminalization. There are both positive and negative effects to this law, but I believe the positive effects weigh out the negative and that because of this marijuana will be legal in the near future. The Marijuana laws in Canada today are unresolved, as superior courts have ruled all cannabis laws to be of â€Å"noRead MoreAn Unconventional Approach Of Justice1780 Words   |  8 Pagesin Canada The definition of the word â€Å"justice† according to Merriam-Webster is, â€Å"the quality of being just, impartial, or fair† (â€Å"Definition of Justice†). Almost automatically associated with â€Å"justice† to many minds is the â€Å"criminal ‘justice’ system†Ã¢â‚¬â€and criminals. Canada’s criminal justice system and the penalties for crimes committed in Canada have been recent topics of discussion preceding this year’s general election. The Conservative Party of Canada promised mandatory minimum sentences for

Instructional Plan For High Quality Instructional Plans

In the world of education, it is crucial for teachers to create and implement efficient high-quality instructional plans that meet the needs and interest of all students. High quality instructional plans align with Common Core State Standards, provide differentiated instruction, meet students where they are, teach learners how to think, and enables them to claim ownership of constructing their knowledge. An effective lesson plan describe particular expectations, tasks, responsibilities, materials and resources, and end results of the lesson. Instructional plans must be designed with the students in mind and focus on the learner’s readiness levels, interest, and preferences. One of the most critical components of an efficient instruction plan is learning objectives. According to Lefrancois (2013) â€Å"learning objectives describe what the teacher and the student aim to achieve† (Ch. 1.2). This brief dissertation highlights important elements of three different instructi onal plans and identify the one that I find to be the most efficient based on research and personal experience. The first instructional plan highlighted here is the Common Core Aligned Instructional Plan Template. The Common Core template possess key elements of an efficient instructional plan. The lesson plan notes the Common core Standard being addressed. It describes what students will know and be able to do as a result of the lesson. The instructional plan demonstrates how and why the lesson is relevant toShow MoreRelatedAnalysis Of Cullman County Schools And Its Local Schools With Systemic Goals And Initiatives847 Words   |  4 PagesCullman County Schools DIRECTOR OF INSTRUCTION PLAN A leaders vision is embedded in all of their actions and thinking. 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Vance High School â€Å"is to graduate young adults who are self-directed, intellectually engaged citizens ready for college, career, and life.† Furthermore, it is a communal belief that â€Å"all students can learn and achieve at a high level; that an open channel of communication among faculty; students and parents is vital to cultivating student respect, responsibility, and independence; a commitment from all stakeholders creates a safe and nurturing environment through academicRead MoreEssay about Response to Intervention1351 Words   |  6 Pagesaccustomed to seeing.† Arthur Koestler Twenty-first century educational institutions are on a research journey exploring continued models, theories, plans, strategies and so much more to bring resolve to the problems facing our schools. Many schools are facing the ills of low performance and a decline in meeting Adequate Yearly Progress. Plans and studies to improve schools academic performance are on the rise. 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Many of these qualities are trait that I feel I possess and are continually being strengthened by the knowledge I acquire through my graduate courses and the role as FCIM facilitator. I hope that through hard work and diligence I will receive an assistant principal appointment in the

Culture in the United States Essay Example For Students

Culture in the United States Essay One who goes before, as into the wilderness, preparing the way for others to follow. The author also describes (ironically) how he pictures his father as a pioneer: cleaving a path towards the setting sun as he hotly pursued the elusive maverick and furrowed the pine bars of the red light and the Pink Dog Cafi s with his hard-earned dollars. This second quotation tells us that the pioneer did not just travel out west and not return to settlements that already existed, as his father appears to have frequently returned to the pine bar towns. The father does not appear to be a settling pioneer like in Jeremy Rodock. The father also appears to be reckless, and always was when he was a pioneer according to his friends who spoke to his son. One said When Still Bill (the father) gits a goin you jest go to give him a clean track and keep well under kivver. It is apparent that the father has always been violent and reckless, and maybe were other pioneers of his time. The pioneers did what they wanted, holding up banks etc (as the father does in the story) as there were no laws in the Wild West; the setting for this story. If there were laws in the Wild West, then the pioneers culture would have been completely different. On the first page, Wild Bill Hickock, a pioneer well known for being untamed is mentioned on the first page after the initial description of what a pioneer was. He deserved his nickname of Wild. The story briefly mentions the way of life in American towns in the Wild West, e. g. Trinity. Here, the settlers would not have travelled far out of the town after they had moved there as they were surrounded by barren land. Therefore the main culture in the town would have likely to have been the saloon culture, where all of the men would go to have a good time, as there was no other form of entertainment. The authors father is a hero from the battle of Dobe walls; this is presumably Adobe walls and this shows that pioneers did not just go exploring and settling. The story mentions that the father had a cap and ball gun at this battle, and is shooting it off in the town where he is, until Ellen confiscates it. This shows that the gun culture present in America today originated way back with the pioneers. The father is probably always with his gun, not for defence probably, but more for ambushing and going on rampages, which he does in Trinity. The authors wife, Ellen is in Trinity to dedicate a museum to the Spanish explorers. The Spanish explorers are a very important part of American culture as it was the Spanish who first colonised north America, and were the first pioneers. Many cities on the West coast of America have Spanish names, e. g. Los Angeles, Las Vegas, San Diego, San Francisco, Sacramento etc. Without the Spanish explorers, many of Americas greatest cities would not exist today. When the Spanish made settlements, the settlers spoke Spanish, and their descendants today do also. Many Americans speak Spanish as their first language, not English. The Spanish influence in the United States is still clear today. Another clear feature about American culture in My Father is the dominance of women. The authors wife, Ellen is the one who stops the authors father from ruining the celebration. When she and her husband check into the hotel, and her husband starts having a conversation that she doesnt like, she simply tells him that they are going to their room. In the story, it says When my father announced his intention of attending the reunion, my wife offered no objection. It says announced, not told, which implies that he had to get permission to go. .u4e3ac5364cddae71a54d81572ce4b04d , .u4e3ac5364cddae71a54d81572ce4b04d .postImageUrl , .u4e3ac5364cddae71a54d81572ce4b04d .centered-text-area { min-height: 80px; position: relative; } .u4e3ac5364cddae71a54d81572ce4b04d , .u4e3ac5364cddae71a54d81572ce4b04d:hover , .u4e3ac5364cddae71a54d81572ce4b04d:visited , .u4e3ac5364cddae71a54d81572ce4b04d:active { border:0!important; } .u4e3ac5364cddae71a54d81572ce4b04d .clearfix:after { content: ""; display: table; clear: both; } .u4e3ac5364cddae71a54d81572ce4b04d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u4e3ac5364cddae71a54d81572ce4b04d:active , .u4e3ac5364cddae71a54d81572ce4b04d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u4e3ac5364cddae71a54d81572ce4b04d .centered-text-area { width: 100%; position: relative ; } .u4e3ac5364cddae71a54d81572ce4b04d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u4e3ac5364cddae71a54d81572ce4b04d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u4e3ac5364cddae71a54d81572ce4b04d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u4e3ac5364cddae71a54d81572ce4b04d:hover .ctaButton { background-color: #34495E!important; } .u4e3ac5364cddae71a54d81572ce4b04d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u4e3ac5364cddae71a54d81572ce4b04d .u4e3ac5364cddae71a54d81572ce4b04d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u4e3ac5364cddae71a54d81572ce4b04d:after { content: ""; display: block; clear: both; } READ: Hitler And Stalin EssayThe author may have written she had no objection as she usually does to other events that his father wishes to attend. All of this points to the fact that Ellen, and probably many other women out west, is very dominant. The reason that the majority of all the women out in settlements in the Western areas of the United States is that they originally migrated fro the East coast of the USA (after migrating there). To get to the Western states they would need to ride a horse for hundreds of miles (trains and cars did not yet exist). Only a very strong woman could do this. Therefore, all of the settlers in the western areas of the USA were strong and dominant, so their descendants would also be strong and dominant. These women are strong in society; they are leaders. Many dominant women are members of the society Daughters of the Revolution, which is run by daughters of those who fought in the Battle of Independence. This is the society that Ellen is a member of and is making a speech to about the Spanish explorers museum. The language used in My father is typical of the time that the story is set. Language is a very important part of culture. Many words used in the story are words that are pronounced incorrectly, e. g. Kivver (cover), goin, recleck (recollect), poplation etc. Many words that they say have had an a added in front, e. g. a-many, a-ring-tailed etc. There are words that are part of the American language but not the English that are used in this story, e. g. buckskin, bunting, Daughters of the Revolution, etc. There is not much slang used in this story, as most of the story is what the narrator is saying, and he appears to speak proper English without any slang or mispronunciations.

Corporate Laws Assignment

Question: It's about negligence. Essay needs to discuss about duty of care, breach and damage in all case by showing the reference case of it needs. Essay need to be written in IRAC form. (Issue, rule, application,conclusion. Answer: Issues In the given scenario in the case, the primary issue that is involved in the case is that whether there is any claim of Oleocampo through Micheal can file a law suit against Ridgeley for negligence. The other issue that is involved in the given scenario is that whether Julie, the worker in Oleocampo can sue Ridgeley for the failing to meet payments on the mortgage. Relevant Laws In resolving the issues of the given scenario, the laws relating to negligence has to be discussed in details. The act of negligence occurs when one person owed the duty of taking reasonable care and failed to do any act that any reasonable person should have done in taking the reasonable care. In addition to that the failure to take the reasonable care has resulted in the damage or injury to any other person (Alexander 2015). In the Southern part of Australia, the Civil Liability Act of 1936 is involved in making the assessment of the acts of negligence by any individuals and the amount or type of liability that incur on such individuals as a result of such negligence. In case any person sues another person in a suit of negligence, then such person is considered to have been seeking the financial compensation for the damage sustained on his or her part. The purpose of seeking the compensation in the financial terms in any suit of negligence is to put the victim of negligence in that position if the negligence has not occurred. In the general situations where negligence act is alleged is commonly in cases of car accidents or injury of personal property of other persons or medical or professional negligence (Barker et al. 2012). In order to make the determination of the act of negligence the following factors is entitled to be considered: Defendant owes the duty of taking care towards the plaintiff. Breach of care by the defendant Injury sustained by the plaintiff Relation between the injury of the plaintiff and the duty to take care by the defendant In a case of negligence if the all the above-stated elements are established then the suit of negligence can be filed and won in a Court of law. The first element that is the duty to take care determines the obligation on the part of any person in avoiding any injury or harm that is foreseeable if any care has not been taken (Fordham 2013). Application of the law in the given case In the given scenario, George Michael is the owner of the Oleocampo Company that is engaged in the supply of best quality of olive oil in the Koala island. The problem cropped up when in the adjacent firm of the Oleocampo, a person named Ridgeley by mistake sprays chemical pesticides in the groves of Oleocampo. As a result, of this incident, the quality of the olive oil of Oleocampo came down. As a result of that Oleocampo failed to supply olive oil to their customers at the price in which it was entitled to sell the oil. The Company Oleocampo sold the oil at a lower price. For the lowering down of the price the Company Oleocampo has to make a reduction of its 25% staff. As a result of that one lady named Julie lost her job and failed to meet her payments of mortgage (Stewart and Stuhmcke 2014). In the given case, there is breach of duty to take care by Ridgeley in spraying the groves. He should have been more careful while spraying. As a result, of the act of Ridgeley, the Oleocampo Company has to suffer a financial loss and hence can sue Ridgeley in a suit of negligence. In the case of Julie, her fact of losing job and failure to make the payment of her mortgage money is directly foreseeable to the act of Ridgeley. Hence, Julies claim against Ridgeley would be successful (Gibson et al. 2013). Conclusion In the conclusion, it can be said that the Company Oleocampo has the right to file a suit of negligence against Ridgeley. Julies claim against Ridgeley will be successful against Ridgeley. Reference List Alexander, K., 2015. Tort Liability for Ratings of Structured Securities Under English Law.University of Oslo Faculty of Law Research Paper, (2015-06). Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012.The law of torts in Australia. Oxford University Press. Fordham, M., 2013. Legislation and Case Notes: Contributory Negligence and the Disabled Claimant.Singapore Journal of Legal Studies, p.192. Gibson, A., Richards, B. and Blay, S., 2013.Torts Law in Principle. Law Book Company. Goudkamp, J., 2016. Reforming English Tort Law: Lessons from Australia.Damages and Compensation Culture: Comparative Essays, Forthcoming.