NCJ Number
59008
Journal
CRIME ET/AND JUSTICE Volume: 6 Issue: 3 Dated: (1978) Pages: 159-164
Date Published
1978
Length
6 pages
Annotation
THE CRISIS OF THE CANADIAN JURIDICAL SYSTEM AND RECOMMENDATIONS FOR REFORM ARE DISCUSSED.
Abstract
'JURIDICAL INFLATION' (I.E., AN EXCESSIVE NUMBER OF INSIGNIFICANT LAWS) IN CANADA HAS BEEN CAUSED BY LEGISLATORS MORE CONCERNED WITH RE-ELECTION THAN WITH POLITICAL RESPONSIBILITIES AND BY EXPERTS' MONOPOLIZATION OF LAW. AT THE SAME TIME, THE JUSTICE SYSTEM IS CRIPPLED BY POLITICAL CORRUPTION AND BY INTERACTION OF SUBSYSTEMS GEARED ONLY TO SELF-PERPETUATION AND ADMINISTRATIVE EFFICIENCY. PRACTICES SUCH AS GUILTY PLEAS REGARDLESS OF GUILT OR INNOCENCE TO AVOID COURT COSTS FOR MINOR INFRACTIONS, PLEA BARGAINING, AND DEJUDICIARIZATION (I.E., ABANDONMENT OF ACCUSATORIAL INTERVENTION MECHANISMS FOR CONCILIATION) ARE ONLY MENAT TO PROJECT A GOOD IMAGE AND TO SPEND UP THE JUDICIAL PROCESS. ALTHOUGH MORE THAN 75,000 PERSONS ARE EMPLOYED BY THE CANADIAN JUSTICE SYSTEM AND ABOUT 80 PERCENT OF THE PERSONS ARRESTED PLEAD GUILTY, THE SYSTEM IS VERY VULNERABLE TO OVERLOADS; WHEN DEFENDANTS BECOME AWARE THAT THEY ARE BEING EXPLOITED, THEY BECOME DISILLUSIONED, STUDY LAW THEMSELVES, AND CREATE MORE WORK THAN THE SYSTEM CAN BEAR. THE ABUSES CAN BE ELIMINATED BY REVISING OUTMODED LAWS, ESPECIALLY THE EXCESSIVE NUMBER OF LAWS REGARDING PRIVATE PROPERTY, BY DECRIMINALIZING CERTAIN BEHAVIOR, AND BY PERMITTING DEVELOPMENT OF AN INFORMAL LEGAL SYSTEM FOR RESOLUTION OF CONFLICTS THROUGH PEER-GROUP HEARINGS. THE JUSTICE SYSTEM MUST BE LIBERALIZED TO PREVENT CLASS JUSTICE CONTROLLED BY A BUREAUCRACY BENT ON SELF-PERPETUATION WITHOUT REGARD FOR THE NEEDS OF THE PEOPLE. A BIBLIOGRAPHY IS FURNISHED. --IN FRENCH. (KMD)