NCJ Number
48073
Date Published
1978
Length
23 pages
Annotation
THE CANADIAN SYSTEM OF JUSTICE IS OUTLINED. SOURCES OF LAW AND THE ENFORCEMENT OF CRIMINAL AND CIVIL LAW THROUGH THE COURTS ARE COVERED.
Abstract
THE BRITISH NORTH AMERICAN ACT, OFTEN REFERRED TO AS THE CANADIAN CONSTITUTION, PROVIDES A CENTRAL AND FUNDAMENTAL FRAMEWORK FOR CANADIAN LAW. IT IS PATTERNED AFTER BRITISH LAW AND EXPRESSES THE IDEAL THAT GOVERNMENT BE OF LAWS AND NOT OF MEN. ITS MOST IMPORTANT PROVISIONS RELATE TO THE DISTRIBUTION OF LAWMAKING POWERS BETWEEN THE FEDERAL AND PROVINCIAL GOVERNMENTS - CRIMINAL LAWMAKING, FOR INSTANCE, IS A RESPONSIBILITY OF THE FEDERAL GOVERNMENT, WHILE HIGHWAY LAWS ARE MADE BY PROVINCIAL GOVERNMENTS. IN ADDITION, THE PROVINCIAL LEGISLATURE MAY DELEGATE LAWMAKING POWERS TO MUNICIPAL GOVERNMENTS. IN 1960, THE CANADIAN PARLIAMENT PASSED A BILL OF RIGHTS WHICH SERVES AS A DIRECTIVE TO COURTS TO INTERPRET AND APPLY LAWS AND STATUTES IN A WAY WHICH WILL PROTECT SUCH BASIC HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AS THE RIGHT TO LIFE, LIBERTY, SECURITY OF PERSON, AND DUE PROCESS AND FREEDOM OF RELIGION, SPEECH, ASSEMBLY, AND THE PRESS. CANADIAN JUDGES, MAGISTRATES, PROSECUTORS, AND COURT OFFICERS ARE USUALLY APPOINTED FROM THE BAR, AND CANADIAN LAWYERS ACT AS BOTH BARRISTERS AND SOLICITORS. IN ALL PROVINCES, LAWYERS ARE ORGANIZED INTO PROFESSIONAL LAW SOCIETIES. CANADIAN COURTS EMPLOY AN ADVERSARIAL APPROACH IN WHICH BOTH SIDES OF A CASE ARE PRESENTED FOR IMPARTIAL DECISION. MOST CIVIL CASES ARE SETTLED BY NEGOTIATION. IF A CASE COMES TO TRIAL, IT MAY BE HEARD BY A JUDGE ALONE OR BY A JUDGE AND JURY. THE CRIMINAL CODE OF CANADA DEFINES CRIMES AND FIXES PENALTIES. THE MAGISTRATE'S COURT, WHICH HEARS 90 PERCENT OF ALL CRIMINAL CASES, DOES NOT UTILIZE A JURY. ADDITIONAL TIERS OF THE CRIMINAL COURT SYSTEM ARE THE COUNTY OR DISTRICT COURTS, THE SUPERIOR COURT OF THE PROVINCE, AND THE APPEALS COURT. OFFENSES ARE CLASSIFIED INTO THREE GROUPS: SUMMARY CONVICTION, INDICTABLE, AND DUAL PROCEDURE OFFENSES. AS IN THE U.S., CRIMINAL TRIALS OPEN WITH THE PROSECUTION PRESENTING EVIDENCE (IN THE NAME OF THE QUEEN); THE DEFENSE FOLLOWS. LEGAL AID IS PROVIDED FOR THOSE CHARGED WITH SUMMARY CONVICTION OR INDICTABLE OFFENSES. THE CANADIAN HUMAN RIGHTS COMMISSION PROVIDES REMEDY FOR CITIZEN GRIEVANCES AGAINST THE GOVERNMENT AND ITS AGENCIES. REFERENCES ARE INCLUDED. (JAP)