NCJ Number
112223
Date Published
1988
Length
56 pages
Annotation
This report sets forth general principles reflected in the rules for criminal procedure proposed by the Law Reform Commission of Canada over the past 15 years.
Abstract
The role of criminal procedure and the distinction between matters of procedure and matters of substance are discussed, and the place of the constitution in the articulation of general principles of criminal procedure is examined. Problems with current procedural provisions of the Criminal Code are identified, including their complexity, inconsistency, and disregard for individual rights. The general principles then are explained and applied to policy. These principles include fairness, efficiency, clarity, restraint, accountability, participation, and protection. Shortcomings of current provisions are discussed in terms of their violation of these principles. The Commission's application of these principles are illustrated with reference to previous working papers and reports critically examining procedural provisions. These cover such issues as disclosure by the prosecution, compelling appearance and pretrial detention, classification of offenses, electronic surveillance, and interrogation of suspects. Others deal with forensic evidence, search warrants, access to court documents, and victim rights. 125 footnotes.