A strength of the Public Complaints Commission is that it is multi cultural. This means that at least 2 of the members have an Indigenous background and can understand the specific cultural considerations of their people. Without this sensitivity there would be no way to ensure fairness. A down side to this is that only Indigenous people are represented on the board. Because Canada is so multi cultural a large portion of the population is not represented, which can lead to feelings of discrimination and unfairness from minorities. Another strength of the Public Complaints Commission is that one member has to be a lawyer. This is important to make sure that at least one member of the board understands the legalities of the investigation process.
A Civil Action is about an environmental pollution court case in Woburn, Massachusetts. The case focused on an industrial solvent, trichloroethylene, from a local leather company, which contaminated a local aquifer that eventually had lethal consequences on the inhabitants of the town. After Anne Anderson’s son dies of leukemia, she filed a civil lawsuit along with eight other families against The John J. Riley Tannery by Beatrice Foods and Cryovac Manufacturing W. R. Grace Company because their industrial operations correlated to fatal cases of cancer and leukemia in children as well as other health issues reported among the citizens. Anne implored Jan Schlichtmann, a tenacious personal injury specialist, to take the case. When Schlichtmann
Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)
The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.
The Committee heard of challenges with the application of the laws, where double charges are applied by police and Aboriginal women are treated as
Besides section 7, section 11 (b) and 12 (1) were violated under the Canadian Charter of Rights. Section 11 (b) states “any person with and offence has the right… (b) to be tried within a reasonable time” (Canadian Charter of Rights) and section 12 (1) “anyone whose rights or freedoms… have been infringed or denied may apply to a court of competent jurisdiction to obtain such ready as the court considers appropriate and just in the circumstances” (Canadian Charter of Rights). Blencoe claimed the Commission had lost the power to make a decision because of the “unreasonable delay in processing the complaints” (Westcoastleaf, page.3) He also claimed the delay caused a lot of hate toward his family and him meaning they were a victim of abuse and denial in society.
Even though Canada is one of the most developed countries in the world, there are still major human right violations that occur on a regular basis. The most prominent violation that occurs is the violence and discrimination against the indigenous women who live in Canada. Native women are seen as less by others for multiple reasons, mainly because they are native, Canadian women whose ancestors have always lived there. Also, there are stereotypes, corruption, and racism in the police force. Even though this is a massive problem it is possible to stop if we raise awareness, provide recourses to victims, and fix governmental corruption. Overall with this monstourus problem looming over Canada there
William H. Davies was appointed as the sole commissioner. The initial interim report, released in 2009, called for substantial policy changes to alleviate the chronic levels of substance abuse and alcoholism present amongst the Aboriginal population of Vancouver’s Downtown Eastside (Davies, 2009). The final report, released in 2011, called for sweeping changes to British Columbia’s Criminal Justice Branch and the manner in which law enforcement officials are charged and prosecuted therein (Davies, 2011). The commission featured 60 evidentiary hearings and 9 days of closing oral submissions. A total of 68 witnesses were called upon to provide testimony.
Canada today faces a major challenge when it comes to access to justice. The civil, criminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. It moved from simply being the capacity to litigate, to the quality of outcome or outcome focused. While there have been efforts to reform the system, our courts continues to lack institutional structures that can address change and create a more equitable judicial system both in capacity and outcome.
It becomes clear that there needs to be a recreation of the Aboriginal justice systems as the current system does not protect Aboriginals on the macro level, which in-turn will not do justice on the micro level. There is both an over-representation of Aboriginals within the criminal justice system, but there is also an under-representation of Aboriginals in authoritarian roles within the system, such as officers, lawyers, or correctional workers (222). In Calgary, which hosts a Native population of thirty to forty thousand, there were only two Aboriginal officers out of a thousand in the police force (21). In Ontario, there were only 26 out of the 4450 members of the OPP and one out of the 200 in Thunder Bay (22). In addition, they are both
The PCC is similar to commissions in many other states, but is has no prosecutorial powers. Its principal mission is to gather intelligence and refer cases to other law enforcement or regulatory agencies that have the power to either prosecute or take administrative action. The PCC consists of less than 40 agents and spends an estimated $10 million annually in
The CCRB is a self-reliant department in New York City, which stands for “Civilian Complaint Review Board.” (Civilian Complaint Review Board, 2014) At times police officers do things they aren’t suppose to, like using violence that can be avoided or some other type of misconduct. There are many complaints about police officers not doing their job right or doing something wrong and that is why the CCRB was created in 1996. Now when there are complaints about police officers misbehaving, the CCRB investigates and examines the situation to confirm whether the complaint was true or false. There are many ways to file a complaint, like going to the CCBR office or go to any police station and you can just call or write a letter. After you file a complaint, you will be called to the office to tell them the situation and what exactly happened. The CCBR staff is fully positioned with civilian employees. (Civilian Complaint Review Board, 2014)
Darlene submitted an appeal and grievance complaint to UnitedHealthcare and calls to check status. She is requesting a reimbursement for bills that were paid over the $4,900 limit of out-of-pocket expenses. Stephanie N., a D-SNP agent, needs to research Darlene’s complaint and provide her status. This lesson will guide you through the process.
The Truth and Reconciliation Commission of Canada was established under the assumption that the Indian Residential Schools were an assimilation attempt on the First Nation population. This commission led to the compensation of over $6 billion for those who went to one of these school. Unlike the Truth and Reconciliation Commission of other nations, the Canadian one was not meant to be a transitional justice because there was no shift from authoritarian to democratic rule. It was strictly the outcome of litigation. Furthermore, the Truth and Reconciliation Commission of Canada was not approved to press charges on individuals for acts they were accused of, nor name individuals unless they
Given, the misconceptions regarding the Canadian judiciary by both critics and the public alike, the purpose of this research is to investigate the functions, and criticisms surrounding the Canadian judiciary. The result of this investigation will provide a clear and informative argument that, Canada’s judiciary did not seize
Document1THE GRIEVANCE AND ARBITRATION PROCEDURE OF THE UNITED STATES POSTAL SERVICE 1.docxTHE GRIEVANCE AND ARBITRATION PROCEDURE