NCJ Number
101245
Journal
Prosecutor Volume: 19 Issue: 3 Dated: (Winter 1986) Pages: 9-14
Date Published
1986
Length
6 pages
Annotation
This overview of Canadian law and the Canadian criminal justice system looks at the legal history of Canada and contrasts this to the U.S. legal system.
Abstract
It notes that the Canadian and American legal systems both share a common origin in Great Britain, but that the Canadian system reflects British developments of the 19th century, whereas the American system does not. The establishment of a single Constitution for Canada in 1982 put into writing for the first time a list of constitutional liberties for the individual. In contrast to the American system of Federal and State courts with different jurisdictions, Canada has a basically unitary court system. The Canadian judiciary is entirely appointed and has both an advisory and an adjudicative role. Canadian prosecutors are all appointed and paid by provincial governors and have no civil jurisdiction. The Royal Canadian Mounted Police, a Federal police force since 1873, investigates such crimes as drug trafficking and also provides provincial police to 8 of Canada's 10 Provinces. Finally, differences in the role of the judiciary in the two countries are delineated, and the influence of American constitutional interpretations on Canadian Supreme Court decisions is noted. 18 footnotes and appended discussion of the exclusionary rule.