Throughout history there have been many significant ideas, events and theories that have shaped our justice system. We have also seen key ideas or principles emerge over time. Impartiality, rule of law, equality, fairness and the right to be presumed innocent are fundamental principles that are important to our legal system.

Consider the following story. What principles of justice emerge?

This young lady won the 2014 Nobel Peace Prize for her advocacy of education for all children; including girls.

Malala Yousefzai won the Nobel Peace Prize in 2014 for her work in education. Malala was shot by the Taliban. She had come to their attention because of her outspoken support of education for women and girls.

For a glimpse into the attitudes toward women in the country of Pakistan, please watch the video below entitled ‘My Daughter, Malala.' One word you may need to know before you watch the clip is the word “patriarchal.” This word refers to a society in which all of the power resides with the male father figure. The presenter of My Daughter, Malala is the father of Malala Yousafzai, Ziauddin.

Education is a right that many Canadians take for granted. We have laws to ensure that all Canadians receive an education. People like Mr. Yousafzai will continue to push for changes in his country and around the world. As the values of the culture shift in Pakistan it is hoped that more children; both boys and girls, will be able to attend school.

Which of the fundamental principles of justice is at issue in this story?

Keeping this definition in mind, we can ask ourselves:

What truths serve as a basis for our legal system?

Read the following statements:

• People should be treated equally under the law.
• Law should not be influenced by power or wealth.
• Our courts should be fair and unbiased.
• Judges should be impartial and treat all people with respect.

Many people would agree that the ideas above are important in a legal system. The legal system in Canada is based upon these key ideas that are often called the principles of fundamental justice. Our laws, court processes and all members of the justice community should respect and uphold the principles of justice.

These principles of fundamental justice are significant because they have a broad impact on our society; the protection of these principles can result in legal change and they help to tell the story of who we believe ourselves to be as a democratic and free nation.

In the interactive below, click each Principle of Justice to read the definition and a case example.

You have had an opportunity to read and view material about a number of cases. Try your hand at the following activity. Can you determine the principle of justice at issue in each of the following scenarios?

These principles may seem to be quite straightforward but it can be challenging to ensure that these principles are upheld. Consider the idea of “fairness.” What does that mean? What does it “look” like in an actual situation? One of the primary roles of the court is to ensure that all people are treated fairly because fairness and equality are two of the fundamental principles of justice.

This case is interesting for three reasons.

1. It highlights one way legal change can occur.
2. It focuses upon the importance of the fundamental principles of justice.
3. It demonstrates the way in which groups, individuals and courts can shape or influence law.

Questions

1. What is the SIU and why was it created? What role does it play in the investigative process?
   Answer

   The SIU is the Special Investigations Unit. The government of Ontario created the SIU in 1990 to address citizens' fears that police were not being held accountable for abuses of the law when one of their own was under investigation. The SIU sends a team of civilian investigators to secure the scene, interview witnesses, assess the evidence and conduct all aspects of the investigation in order to determine whether a criminal offense took place.

2. What was the decision of the Supreme Court of Canada?
   Answer

   The SCC decided that the police duty to write complete and independent notes is central to the integrity of the criminal justice system and the public's confidence in the police.

3. Why is this verdict significant?
   Answer

   The Supreme Court of Canada's decision in this case goes a long way toward assuring the public that when a death occurs in police custody, police will be held to maintain the highest commitment to serving the public with fairness and integrity.

4. What principles of justice were at issue in this case?
   Answer

   The issue of fairness was important to this case. The other principle of justice that is at issue in this case is the rule of law.

Please double check your understanding of the terminology used in the article by matching the terms below to the appropriate definition.

The fundamental principles of justice are of primary importance in our legal system. Judges are able to interpret the law without interference from the government and make decisions based upon the law. It is however, very challenging trying to ensure that all the people that come before the courts are treated fairly. Achieving fairness requires thoughtful accommodations.

Our legal system is designed to help ensure that the rights of all of the people are protected. Sometimes, it may be necessary to treat someone differently in order to treat the person with fairness. This is an idea or concept known as equity.

Consider that you are in a multi-story building when the fire alarm sounds. Your friend is in a wheelchair. If everyone is concerned only with equality, she might be left behind as exiting via the stairs would be impossible. Clearly you would not leave her; you and those with you would devise a plan to help her exit safely. You made an accommodation to ensure that she was treated fairly. This is equity.

This is a simple example to help illustrate the difference between the concepts of equality and equity. Take a moment to consider a legal example. It may be difficult for a child to give testimony in court as it can be intimidating, confusing or traumatic. Our judicial system allows accommodations or testimonial aids such as closed-circuit television (CCTV), witness screens or a support person who may be present during the delivering of testimony. Children are treated differently in the interest of fairness.

Review

The government is responsible to create policies and laws that protect the principles of justice. Read the scenarios below. Try to match the scenario with an action of the government that is intended to ensure that all people are treated fairly within the justice system.

Despite the existence of programs such as the ones mentioned above, navigating the justice system can be very challenging. Questions emerge:

• Can the average person understand the system and find the resources they need?
• Are the existing laws and programs sufficient to meet the needs of different groups in Canada?