Understanding Canada’s Judicial system

Understanding Canada’s Judicial system

            The courts are often seen as the last resort when seeking Justice and having closure in certain circumstances. The law has is made to be followed, and it is the courts’ mandate to explain and prosecute offenders of the law. Often the Courts find itself having to solve many dilemmas and sometimes this calls for a strict interpretation of the law and constitution. Some situations are termed immoral, yet in court, they are constitutional while others can be moral but unconstitutional.

It puzzles many at times how courts resolve certain cases and why the judgements may also differ yet to many such cases are similar. We review a particular situation which raised eyebrows and how they all differentiated in nature, yet they belong to the same criminal code. Some people may wonder, is there a lesser crime than others, or why do the penalties differ from time to time. It is argued that the judges are different, but still, they all adhere to the same laws and the same policies.

We look at 3 cases in the history of Canada.

Case of Robert Latimer

Robert Latimer was a wheat farmer in Canada who was charged with the murder of his 13-year-old Daughter in 1993 when she was just 12 years old. He became accused of committing a crime of compassion when he sought to end the suffering his girl was going through. Latimer committed this by placing her Daughter in the cabin of his truck, then releasing carbon monoxide, which led to her death. Killing her is a form of Euthanasia.

The case created a sizeable national debate on what is the true crime and if he was guilty to be charged or not. His case was preceded over by Judge Ted Noble who decided to grant Latimer a rare constitutional exception. He called this kind of murder a compassionate homicide. The judge whose ruling in 1997 found Latimer guilty of second-degree murder and also observed that Justice was done. He ruled that Tracy Latimer (the victim) was “better off dead” and that Latimer had helped her get out of her sufferings. Tracy’s murder, however, was not right and unconstitutional as no one had the mandate and authority to take another person’s life.

It points to the way the law is intelligent to accept that something has to work well, but according to the constitution, it shouldn’t happen that way. Begs the question, why punish him for acts done with love for the victim and if helping someone out of their misery is not a good idea after all.

Many people sided with Robert Latimer that what he did was right, but others asked the question of why choose someone’s else destiny? He didn’t know what was in store for her in the coming years and how nature would play out for her favour or not. They argued that other physically challenged people have also had success stories.

Case of Terri Lynne McClintic

Terri Lynne McClintic hit the headlines in the year 2009 when a young girl, eight years of age, was abducted and subsequently killed. The young girl Victoria Stafford was sexually assaulted and murdered on April 8, 2009. A thorough investigation found McClintic to have picked up the girl from school as she knew her mother. She was charged together with Michael Thomas of having undertaken the inhumane act and cut short Victoria’s life. Although she was just an aide in the murder and Michael Thomas, the one who planned and had the motive to ensure her death. She faced charges as a first-degree murderer. Both McClintic and Michael Thomas were charged and found guilty. Both of them sentenced to life imprisonment for their part in the 8-year old’s murder.

Some argued that Thomas was the one to receive a more significant sentence than McClintic for his more extensive role in the murder of the little girl. Some argued that McClintic should receive a more significant punishment than Michael Thomas since without her help, Michael Thomas would not have had the chance to murder Victoria.

Case of Gerald Stanley.

The case of Gerald Stanley, which was determined in 2018 by a jury caused an uproar and storm when the Jury found Gerald Stanley not guilty of the murder of Colten Boushie. Boushie had a shot in the back of his head at a close range, but a determination by the Judges was surprising. The Saskatchewan farmer’s defence team argued that Gerald Stanley had not intentionally killed Colten Boushie. It noticed that the Jury had already made up their decision and was sitting there as a formality.

The Jury which sat in Battleford, Sask found a way to bend the laws and apply the judgement which was not deemed fair enough but constitutionally right since they had the mandate to interpret the law and hence pass the examination.

The variation in sentencing and differing outcomes of judgements with the same offences shows how the law can be adjusted and twisted with every case brought forward. The judges and specific Jury which sits to determine the instances consider a wide range of scenarios and eventualities. It doesn’t change the fact that they are human even when having to identify cases which put them into dilemmas.

In the first case, Robert Latimer killed his girl, but he had a greater good in mind for her. He wanted to End her sufferings, and all the tribulations he saw her going through was a massive pain to him. The judge too understood this, and although it was still murder, he did it out of compassion which led it to be considered a compassionate homicide, and he got offered a more lenient sentence.

Victoria Stafford case was different as she was murdered in cold blood by Terri Lynne McClintic and Thomas Michael. The way they planned and eventually executed their evil motive was also a consideration for determination of the case. It shows how the child was hurt emotionally and how painful her death was. The child’s emotional pain is imminent and seen by the judges and the fact that she was also young adds to the pain. Her helplessness in the whole scenario is disheartening, and the duo was given life imprisonment.

Gerald Stanley’s case showed how one appears as having done an immoral act and the evidence all pointing to the same conclusion, but with the Jury’s perspective, he did no-fault. By proving that he had no intention to kill Colten Boushie, Stanley was set free and found not to be guilty of any crime.

The judges made various considerations in making their rulings on numerous cases. Each scenario was presented in its unique perspective and had to be solved differently, although all of them fell under the same criminal code. Each outcome was different depending on how it started, and all the processes preceding the victim’s death. Scenarios are provided for in the penal code as murder and classified as either first-degree murder or a second-degree matter. We also have other classifications under first-degree murder which can include planned and deliberate murder, contracted murder, the murder of peace officers etc.

A second-degree murder on the other end in non-premeditated but occurs mistakenly or in times of self-defence. The killings would not attract the same charges as an intentional murder. Euthanasia, as seen in the case of Robert Latimer though, won’t fit in both categories as the victim is understood to be at rest. It is also not done out of malice and to hurt the other party.

The judges in the cases above consider the principles of proportionality when they make a judgement based on the magnitude of the case brought before them. We also observe the principle of parity as is the case of Terri Lynne McClintic where frequently people who do such grave offences are punished with to deter others from doing the same. The mitigating factors are also analyzed and considered before the final ruling can take place.

Sentences for each case above are determined differently. The first case of Robert Latimer and the Daughter, I consider it favourable in its ruling. Latimer had no intention to hurt her little girl but was filled with remorse when he saw her suffering because of her disability. He considered putting her out of the misery. He might have killed, but the motive is one of care and love. His sentence would be just to deter others from taking other people’s lives.

Life sentences were also fit for Thomas Michael and her Aide Terri Lynne McClintic when they murdered the little girl as it was so inhumane. They put the girl through a lot of suffering and also by sexually assaulting her they showed how they disregarded human life. The case of Gerald Stanley’s outcome is less satisfactory.

The ruling by the Jury that he is not guilty when all the evidence points out to his motive and intention to kill Colten Boushie seemed misjudged. The fact that he shot him at the back of his head too shows that he was in no position to attack Stanley. The verdict should have been Guilty of Stanley’s case.

Re-drafting the criminal code in my own opinion would be to have a mandatory minimum because taking a human life should not be acceptable. We ought to treasure and respect human life and the laws in place. A maximum sentence should not arise as some offenders may commit atrocities which leaves no choice than separate them forever from the rest of the law-abiding citizens.

The judgements made should also be in consideration of the offender’s situation and what a moral and human action has in impacting his choices. The feelings, too should be included as the person may be overcome by unimagined sorrow and pain when doing what he does. Dilemmas may arise but how we handle them is all that matters.

References

VanEvery, L. (2019). The Examination of News Media Representation of Indigenous Murder      Victims in             Canada: A Case Study of Colten Boushie’s death.

Hayward, S. (2009). The Canadian Legal System, the Robert Latimer Case, and the Rhetorical     Construction of (Dis) ability:” Bodies that Matter?”. Developmental Disabilities       Bulletin, 37, 187-         201.

Stubbs, J. (2016). Murder, manslaughter and domestic violence. In Homicide, Gender and            Responsibility (pp. 54-70). Routledge.

Martineau, M., & Beauregard, E. (2016). Journey to murder: Examining the correlates of criminal mobility in sexual homicide. Police Practice and Research, 17(1), 68-83.

Nesbitt, M. (2019). An Empirical Study of Terrorism Charges and Terrorism Trials in Canada       between September 2001 and September 2018. Forthcoming, Criminal Law Quarterly.

Gorman, W. K. (2017). A Review of Decisions Rendered by the Supreme Court of Canada in Criminal Matters: January 1 to November 30, 2017. Ct. Rev., 53, 140.