Reference no: EM133241341

LAW CASE: Yu Wu was convicted of possessing 300 cartons of contraband cigarettes, which he claimed an accomplice had planted in his car. A judge imposed the minimum fine under the Excise Act, but when it was discovered that Yu Wu did not have the money to pay the fine, because he was a single parent supporting himself and his daughter on welfare, the judge changed the sentence and instead imposed a 75-day conditional sentence with a house arrest between the hours of 6 p.m, and 6 a.m. The sentence option was appealed to the Supreme Court of Canada based on the argument that it was unjust to place a Toronto welfare recipient under house arrest because he could not afford to pay a fine. The Supreme Court agreed and, by an 8-1 margin, said Yu Wu should not have been given a conditional jail sentence for failing to pay the fine. Justice lan Binnie, writing for the majority, said, "Debtors' prison "in the community," which is what a conditional sentence amounts to, is repugnant in the case of an individual who is undeserving of jail yet who simply cannot pay." Justice Marie Deschamps dissented, saying there is "a very significant difference between being behind bars and functioning within society while on conditional release." She argued that offenders are "not deprived of their private life to the same extent," and she said that poor people should not be deprived of the choice available to well-to-do debtors, who have the option of serving time instead of paying their fines.

Question 1. Explain how the philosopher John Rawl's idea of the veil of ignorance would apply in this case

Question 2. How would Aristotle have replied to Justice Deschamps, who argued that poor people should not be deprived of the choice available to well to do debtors?

Question 3. Review the characteristics of Justice, which characteristic did the majority of the court apply in the case?

Question 4. As an alternative to sentencing people to jail for non payment of fines, some provinces suspend the driver's licence of convicted people. Would you support this idea instead of house arrest? Explain. What 3 alternatives for non payment of fines would you suggest?

Question 5. Do you agree with the supreme court ruling that it is unjust to place someone who is on welfare and cannot pay a fine under house arrest? Explain