NCJ Number
50464
Journal
PERCEPTION Volume: 1 Issue: 3 Dated: (JANUARY/FEBRUARY 1978) Pages: 18-21
Date Published
1978
Length
4 pages
Annotation
AN AMERICAN LIVING IN CANADA ARGUES THAT CANADIANS HAVE BEEN HISTORICALLY MORE DEFERENTIAL TO AUTHORITY AND MORE FEARFUL OF ANARCHY THAN AMERICANS. THE RESULT HAS BEEN INADEQUATE PROTECTION OF CIVIL LIBERTIES.
Abstract
AMERICAN AND CANADIAN LEGAL STRUCTURES ARE DISCUSSED AND COMPARED TO ASSESS THEIR IMPACT ON CIVIL LIBERTY GUARANTEES. THE CANADIAN BILL OF RIGHTS IS A SIMPLE ACT OF PARLIAMENT, NOT PART OF THE CONSTITUTION, AND HAS NOT BEEN HELD BY THE COURTS TO AFFECT THE OPERATION OF THE CRIMINAL CODE; IT IS SPECIFICALLY INAPPLICABLE TO PROVINCIAL LEGAL PROCESS. THE CROWN MAY SET ASIDE A VERDICT DECIDED BY A CANADIAN COURT IF IT CAN CONVINCE THE APPELATE COURT THAT THE JUDGE OR THE JURY HAS MADE A LEGAL ERROR. THE AMERICAN LEGAL SYSTEM EVOLVED TO SATISFY A GROUP OF ELITES WHO FEARED MONARCHICAL OPPRESSION, WHILE THE CANADIAN LEGAL SYSTEM HAS EVOLVED TO MEET THE NEEDS OF ELITES WHO FEARED ANARCHY AND REBELLION AMONG THEIR OWN CITIZENS. THE GOVERNMENT OF CANADA WAS MORE CONCERNED TO PRESERVE ITS RESIDUAL POWERS THAN CITIZENS' INALIENABLE RIGHTS, BUT THE POWERS OF GOVERNMENT ARE SELDOM INVOKED SO THAT CANADIAN CITIZENS DO NOT FEAR THE GOVERNMENTS' ACTUAL AUTHORITY. ENGLISH-CANADIAN CULTURE SEEMS UNABLE TO EXPRESS ITSELF ADEQUATELY WITH RESPECT TO THE RELATION OF MAN TO AUTHORITY. INSTEAD, A RECURRING CANADIAN THEME IN LITERATURE AND FILM IS HUMAN STRUGGLE AGAINST THE RIGORS OF NATURE. (DAG)