VMUN 2018 House of Commons BACKGROUND GUIDE Vancouver Model United Nations The 17th Annual Session | January 19 - 21, 2018 Dear MPs, Ken Hong Secretary-General Perhaps the most essential question at the heart of a society is that of justice. What is a crime? What gives the state the right to punish individuals for their actions? Quis custodiet ipsos custodes? What is just in a democratic and multicultural society like Canada? These questions have no clear and final answers – like most things in a nation, they are continual works in Callum Shepard progress. Parliament must rise to the occasion and make bold reforms to ensure the future of a Chief of Staff just and equitable Canada. Jerry Jiao The VMUN House of Commons is not a true-to-life representation of the Parliament that sits Director-General in Ottawa – we’ve changed the seat distribution of the various parties and blocs to prevent any single group from unfairly dominating, and have tweaked many of the ceremonies to allow for Andrew Wei the very limited timeframe within we must operate – these changes will be detailed in the HoC Director of Logistics ROP guide. Similarly, we’ve adjusted the position of the various parties to allow for more contentious and interesting debate about the topics. It’s our firm belief that the changes we’ve made are largely in line with the ideology of the parties, and will enhance delegates’ ability to truly engage with the issues that will be debated at VMUN 2018. Jadine Ngan USG General Assemblies It is important to note that half of the topics under consideration will be from the delegates themselves. This year, we hope to place a greater emphasis on Private Members’ Resolutions, Eric Zhang the bills that are written and submitted by delegates themselves, in lieu of position papers. USG Specialized Agencies PMRs can be about anything MPs want, provided it is appropriate for substantive discourse. We will select a limited number of PMRs for consideration by the full HoC. Dillon Ramlochun USG Conference The House of Commons is not an ‘easy’ committee. As representatives of the various peoples and constituencies of Canada, as well as parliamentarians, MPs will be expected to quickly Angelina Zhang learn and adapt to the changing political situation on the floor of the Chamber, consider out- USG Delegate Affairs of-the-box solutions, demonstrate political acumen, and adroitly form (and betray) alliances to pass their legislative agendas. By participating in the debate at the VMUN 2018 House of Jerry Xu Commons, you, our MPs, will be continuing the highest philosophical and democratic USG Delegate Affairs traditions of Canada and human civilisation. Alan Chen Best Regards, USG Finance Arun Solanky Meghna Lohia Speaker of the House of Commons USG IT Criminal Justice Reform................................................................................................................ 4 Timeline ................................................................................................................................................... 4 Historical Analysis ................................................................................................................................. 4 Current Situation .................................................................................................................................... 5 Possible Solutions and Controversies .................................................................................................. 8 Bloc Positions .......................................................................................................................................... 9 Speaker’s Note ....................................................................................................................................................9 Liberal Party – Government of Canada ....................................................................................................... 10 Conservative Party – Her Majesty’s Loyal Opposition .............................................................................. 10 The New Democratic Party ........................................................................................................................... 10 The Bloc Quebecois ........................................................................................................................................ 10 The Green Party .............................................................................................................................................. 10 Discussion Questions ........................................................................................................................... 10 Bibliography .......................................................................................................................................... 12 Vancouver Model United Nations 2018 3 Criminal Justice Reform Timeline December 16, 1689 — English Bill of Rights ratified following the Glorious Revolution; it lays out the rights of citizens and limitations on the power of the crown. June 22, 1774 — Quebec Act instituted, re-establishing French Civil Law in the conquered province of Quebec, while granting freedom of testation English common law would still be used in matters of public law, including criminal prosecution and court procedure. December 26, 1791 — Constitutional Act establishes representative self-government in Upper and Lower Canada under the auspices of the British Parliament. February 10, 1840 — Act of Union abolishes the provinces of Upper and Lower Canada following the abortive Rebellion of 1837, forming the Province of Canada from the combination of the two; Quebec can retain its Civil Law system. July 1, 1867 — Constitution Act creates a federal dominion of Canada and the foundation of the modern Canadian justice system.1 Part VII of the Constitution Act deals specifically with the “Judicature” of Canada. December 16, 1949 — British North America (2) grants Canada limited powers to amend its constitution without the assent of Parliament; this is later superseded, granting Canada full rights to amend its constitution. December 20, 1960 — British North America Act, states that Superior judges must retire at the age of 75. April 17, 1982 — Canada Act declares the full sovereignty of Canada from the United Kingdom and the British Empire. April 17, 1982 — Charter of Rights and Freedoms added to the constitution of Canada, though its effects are somewhat mitigated by the Notwithstanding Clause of the Constitution. April 17, 1982 — Constitution Act, Section 35 enshrines rights of Inuit, Metis, and other First Nation people within Canada, including the rights to traditions and practices integral to the distinct cultures of native peoples. The treaty also reaffirms the legally binding nature of treaties with aboriginal nations. April 17, 1982 — Constitution Act, Section 36 affirms the value of ‘Equal Opportunity’ for all Canadians, though most constitutional scholars agree the section is too vague to be interpreted as more than a political call for redistributive action of some kind. Historical Analysis Legal systems have existed for as long as there have been societies — whether it be the code of Hammurabi or canon law, nearly all societies have generated a codified system of rules regarding the behaviours and expectations of members of society. The modern, western conceptions of justice can be traced back to Greece, 1 Barnes, Thomas Garden (2008). Shaping the Common Law: From Glanvill to Hale, 1188–1688. Stanford University Press. ISBN 978-0804779593. Vancouver Model United Nations 2018 4 where the concept of Isonomia in the Athenian republic codified the then-somewhat-radical concept of citizens’ equality before the law.2 We say somewhat because only about a tenth of the population were actually citizens. While a variety of Greek and Roman philosophers and statesmen championed the idea as an alternative to kingly rule, from Thucydides to Plato, Cicero was the first in centuries to argue for the reapplication of the term in a strictly legal sense, arguing for reforms to the hopelessly corrupt legal system of the late Roman Republic. The term then vanished, reappearing in an 11th century Bolognese law school whose students are credited with codifying Roman principles into legal codes. The next major evolution in the legal system came with the introduction of the Magna Carta, during the reign of John Lackland of England, in 1215, following a rebellion by a group of barons who were unimpressed by John’s lackluster rule and inability to maintain control of Brittany. Lamentable loss of Brittany notwithstanding, the Magna Carta was a significant development in the history of constitutionalism and limited government, nominally forcing the King to respect the property and legal rights of the barons, as well as the Catholic Church (it had been drafted by the Archbishop of Canterbury; most nobility were illiterate). The Canadian justice system emerged from English common law system, initially imported to Canada by colonists. The term “common law” can be confusing; simply put, a common-law jurisdiction relies on the application of precedent from previous decisions to new cases, rather than the application of specific laws to a case; most Commonwealth countries are Common-Law jurisdictions.3 However, the Canadian justice system developed in Quebec to incorporate what was known as “civil law,” or the Napoleonic Code. In a “civil system” like the Quebecois one, jurisprudence