Moving Towards A Restorative Justice System As One Change That Should Be Made To The Canadian Legal System. Why do you take this position?

CRIM 1160

Term Paper Assignment
This assignment requires you to select a topic relating to the Canadian legal system. A list of topics is attached.
This is a research assignment. Any positions you take in your paper should be supported with reference to research you have done. Your sources for research may include books, academic journals, other periodicals and newspapers. At a minimum, your reference materials should include four books, journals or periodicals which are not internet-based. While these 4 books, journals or periodicals may be stored on the internet, or accessible through the internet, they must exist independently of the internet. For example, you may find a law review (journal) article or famous scholarly book using the internet. The Harvard Law Review and John Locke’s Second Treatise, for example, exist and existed independently of the internet. I certainly encourage you to use the internet for research, but only to access excellent and respected scholarly sources. “Jim’s legal web site” or “Joe’s legal blog” do not make the grade.
Your research will form the basis for a 1000-1100 word (about 4 pages double-spaced or so) type-written paper on the issue you have selected. Please provide a word-count with your paper when you hand it in. You must properly reference any sources you rely upon in writing your paper. The form of referencing does not matter, as long as proper credit is given.
One of the great difficulties facing new college students is how to structure and organize a paper. It is fair to say that one of the biggest problems with papers that I receive is that they lack any basic structure. These papers do not develop and provide a concise, logical discussion. There is no clear organization.
Basic structure and organization is very important.
I want you to learn and understand basic paper structure and organization.
Your paper will have to be clearly structured and organized in the “classic” manner I set out below. In this classic paper structure, when you argue your points you will repeat each of your main points three times. (1) You will first set out your main points in your introduction. (2) You will then set out your main points again in the main body of your paper. In the main body, each point will be developed and expanded upon. (3) You will repeat your main points in your conclusion.
You should understand that this is not the only possible structure for a paper, but it is the classic structure and it is the mandatory structure for this paper in this 100 level course. Other instructors may suggest a different type of structure. In their courses you can use whatever structure they suggest or allow. However, in this course you must use this structure.
Instructions
1. Pick your topic. If you wish to write a paper on a topic which is not listed, you must get my approval for that other topic. I encourage you to pick a topic that is of interest to you. Maybe something that was said in class has sparked your interest. If you have a topic that you want to pursue that is not listed, that is just fine but you must get my approval for that other topic. And you must not wait until it is too late. If you are going to choose another topic you must get my permission over the next 2 weeks. If you are having problems choosing a topic, please see me as quickly as possible so I might assist you.

2. If you wish, you may see me about the approach you are taking in your paper. This should include your thesis. I will give you feedback on your thesis and your planned direction. However, if you want to do this, you are urged to get to work early on the paper. It will do you little good to come and see me with less than two weeks – or less - left to hand in the paper.
3. Write an introduction to your paper outlining your topic. This is Part I of your paper. Your introduction must contain your thesis. Your thesis must be followed by an introduction of your three main points. The introduction to your paper must set out your three main points explicitly. A basic example is as follows:

Canadians should be free to grow, buy, and sell marijuana without interference from the Canadian legal system. (Thesis).
Next should come your three main points.
(A) A person who grows, buys, or sells marijuana violates no other person’s rights. (B) Marijuana is no more harmful than alcohol, which is legal to produce and is sold in liquor stores, pubs and restaurants across Canada. (C) Finally, organized crime is currently making enormous sums of money trafficking marijuana. Organized crime would be weakened if marijuana was legalized.
4. In the main body of your paper develop your thesis/argument by referencing the research you have done. This is Part II of your paper. Part II should adopt your thesis as the Part II heading. Part II should be broken down into three parts, one part for each of your three main points. Each of the three parts should have its own sub-heading that corresponds with your three main points.
5. Write a conclusion summarizing the points you have made in the main body of the paper and how these points support your thesis. Your conclusion is Part III of your paper.
6. Your paper must be broken down by headings and sub-headings so that you develop a clear structure to your thinking, planning, and organization.
I realize that some other instructors do not suggest breaking down your paper in this manner with headings and subheadings. In my experience, it forces structure on the writer and it is a valuable exercise to set up your paper this way. Further, if you look at academic journals, you will see that most papers are set up with headings and sub-headings to assist the reader in following the argument.
Evaluation
Papers will be marked for both content and style.
Academic Honesty Declaration
Attached to this document you will find a two-page “Academic Honesty Declaration”. Please read it, sign it and hand it in with your assignment. Your assignment won’t be marked without this declaration.
If you have any questions about any of this, please do not hesitate to ask me in person before or after class, during a break in class, or during office hours.
Term Paper Topics
1. Examine whether the Charter of Rights and Freedoms has led to an unacceptable level of judicial decision-making (also known as “judicial activism”) in Canada.
2. Discuss whether television cameras should be permitted during trials in British Columbia. Should television cameras be permitted during trials? Or should they continue to be prohibited?
3. Discuss whether the system for appointment of Supreme Court of Canada judges is in need of reform. If it is, discuss how the process might be reformed.
4. Is the current level and numbers of judicial orders restricting public disclosure of court proceedings appropriate to an open court system? If not, why not? If it is appropriate, why do you say it is?
5. Is legislation preferable to judge made law (e.g. case law or common law) in a modern society like Canada? Which type of law is preferable: judge made law or legislation? Why?
6. Should illegal street drugs like heroin and cocaine – currently prohibited under the Controlled Drugs and Substances Act – be legalized?
7. Does Canadian legal systems contain too many laws? Why do you say so? Make a persuasive case that Canadians are overburdened with too much law. Use examples.
8. Consider the doctrine of precedent. Does it lead to too much rigidity in the law that prevents the law from changing rapidly and prevents the law from being flexible enough to meet changing societal needs?
9. Discuss whether there is a higher form of law called “natural law” to which the positive law (i.e. the written law of this country) must or should conform.
10. Is the jury system a valuable part of the Canadian legal system that should be preserved or is it something that should now be dispensed with altogether?
11. Discuss one change that should be made to the Canadian legal system. Why do you take this position?
12. Discuss the issue of access to justice in Canada. Is the Canadian legal system still accessible by the average Canadian? If not, what, if anything, can be done about this?