R. v. MacIsaac, 2015 ONCA 587 Her Majesty the Queen (R.) and Gordon MacIsaac (Apl.) FACTS The appellant (Apl.) and the complainant (Compl.) were both members of senior men’s “no-contact” hockey league, but belonged to different teams. On the day in question, these teams were facing off against each other with the Compl.…
One of the hallmarks of Stephen Harper’s tenure as Prime Minister was the adversarial relationship between Parliament and the courts. His government was “openly hostile towards the judicial branch” and often failed to take its Charter duties seriously. Harper’s lack of deference for the right and freedoms entrenched in the Charter led to several of his government’s laws being struck down by the Supreme Court of Canada. Conversely, the appeal of Frank v. Canada was a victory for the Conservative government – although the impugned legislation had been enacted over a decade before Harper became Prime Minister. It is still possible for the challenged sections of the Canada Elections Act to be declared unconstitutional, however, as the case is being appealed in the SCC.…
When it comes to the Canadian Criminal Justice System, we ask many questions such as, “what is justice?”and “are equity and the rights of the accused being compromised in the name of efficiency?” Justice is when a person receives fairness and their moral rightness from the legal system which is decided by attorney 's, judges, legislatures, and by society. Based on this definition of justice, we wonder if equity and the rights of the accused is being compromised by the legal system. Many people may think that the Canadian Criminal Justice System may be unfair and not seek justice for those who deserve it, others may argue against that and believe that the Canadian Criminal Justice System shows equity and the rights of the accused. Sometimes…
In Alomar and Bell’s case there is a definite infringement on section 8 of the Canadian Charter of Rights and Freedoms and therefore, the photographs of Ms. Alomar holding a handgun should be inadmissible to the trial. Including this evidence would be injustice when coming to a final verdict due to the fact that it violates section 8 of the Charter which states that “everyone has the right to be secure against unreasonable search and seizure” The search of the photos was not authorized by the law because there was no consent expressed or implied by Ms. Alomar. Reason for judgment is found in paragraph 19 and quotes “Det. Colabello immediately went into the cell phone log and noted the last two or three cells in her note book.…
The supreme court of Canada exists to provide an unbiased body ensuring that the laws of the land uphold the rights and freedoms of the Charter. Though the Supreme Court acts as a system of checks and balances on the executive power of Canada, at what point does the system of the court give the judiciary too great a level of power? When acknowledging the constitutions and legislature in which the Supreme Court justices gain and hold their power, s. 1 of the Canadian Charter of Rights and Freedoms, and the lack of equal representation in the court, it is indisputable that the highest court in Canada is overly powerful. It is evident through the examination of court rulings and the systemic practices of the judiciary that the Supreme Court of…
Human rights are an important aspect of human dignity. One of these human rights is the “innocent till proven guilty” right. But why exactly is this an important right? This is what I intend to find out.…
Preliminary hearings are conducted after an individual has been arraigned in the court. It is a process where the judge determines whether there is enough evidence for the case to be presented. Using a legal standard known as probable cause, the judge determines whether the government has provided substantial evidence that can reasonably convince a jury of the fact that the defendant has committed the crimes in question (Montemayor, 2014). A suspect is entitled to a preliminary hearing to ensure that he or she is protected from irrational arrest and detention. Therefore, substantial evidence must be provided to hold the defendant for trial.…
During a trial in court to prove an offender guilty, the prosecutor will use all types of evidence such as, testimonies, direct, circumstantial, or physical. Though most of the case is based off of forensic evidence because it is the most important as stated in “Forensic Evidence” by Andrea Campbell. Forensic science is a science applied to answering legal questions regarding crimes scenes and the people involved in them, it falls under physical evidence because it can be found by scientific means such as fingerprints and DNA test. And it can also be hard evidence such as weapons and clothing.…
For many years throughout history, much debate and controversy has been sparked with respect to Canada’s correctional system and criminal justice system. Canada’s criminal justice system has thrived/strived to work as a consolidated unified entity aimed at reducing, maintaining, and preventing crime and criminal activity. However, great controversy remains as to whether or not Canada’s criminal justice system is effective. It can be argued, for example, that Canada’s system of criminal justice is aimed at striving to achieve and meet specified goals, entities, or principles. In terms of sentencing a criminal offender, for example, sentencing can either be based on the principles of crime control or due process.…
Great Post! In my response I looked at how evidence based prosecution is necessary because it allows the offender to get prosecuted without the victim's help because of the fear they may have economically, in the legal guardianship of their children or in future violent attack. However, I liked how you included how fabrication can occur to make a party look bad which tends to get our focus away from the evidence, something I hadn't thought of before. Evidence based prosecution allows for the claims to be supported and for the lies to be exposed.…
In today’s Canadian society, people are certain that the Criminal justice system with their almighty position and power has the responsibility to protect and serve the community. That being said, the fundamental purpose of the creation of criminal law is to maintain order within society and punish those who deviate beyond the social and legal norms (Robinson & Cahill, 2005). The idea of an innocent individual being wrongfully convicted of a criminal act committed by another person is astounding. The sole purpose of the system is to restrain those who are deemed deviant or mischiefs and are to be held accountable for their actions through the criminal justice system. Therefore, not to restrain the freedom of the individuals who are innocent.…
Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…
Certain offences are restricted under one jurisdiction and this is called the absolute jurisdiction. For these offences, the accused does not get an election. The mode of trial in provincial court is judge alone and in superior court, it is either judge alone or judge and jury. The accused has an election if charged with either an indictable offence that does not fall under CCC sections 469 or 553 or a hybrid offence where the Crown proceeds by indictment. The judge reads section 536(2) and puts the accused to an election where he or she decides one of the three options: trial by judge alone in a provincial court, trial by judge alone in a superior court or trial by judge and jury in a superior court.…
The way which the interrogation was done can also be a challenge to the evidence law on handling the terrorism. As mentioned above, the terrorist suspect usually will become stubborn and tough as they might be trained to be so. They will not even give up their information easily. There are trained authorities that specializes in digging out information from the suspects. However, as much as the police are trained to do so, they are also well-trained to endure the interrogation.…
Secondly, the protection of innocent is guaranteed through the justice system in Canada. One of the fundamental principles of the justice system (section 11) is “to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal.” So, when a person is arrested or taken into custody, the person is not necessarily guilty, until the court can prove it with strong evidence. In the first place, the innocent are treated fairly is through the legal rights that are guaranteed by Canadian Charter of Rights and Freedoms. This includes the right to remain silent, right to a lawyer and retain counsel, right to know the reason for the arrest, right to contact a parent and have parents with you during questioning.…