DUE PROCESS OF LAW - THE CANADIAN SYSTEM OF CRIMINAL JUSTICE

• NCJ Number: 44452
• Author(s): S A COHEN
• Date Published: 1977
• Length: 465 pages
• Sponsoring Agency: Canadian Institute for the Admin of Justice
• Sale Source: Carswell Co Limited
• Language: English
• Country: Canada

Annotation

THE STUDY EXAMINES MANY CANADIAN CRIMINAL PROCEDURES AND EVIDENTIARY ISSUES IN LIGHT OF THEIR CONGRUENCE WITH THE NOTION OF DUE PROCESS OF LAW.

Abstract

AN ATTEMPT IS MADE TO EVALUATE CURRENT PRACTICES AGAINST THEORETICAL LIMITATIONS. THE AUTHOR ELABORATES ON THE PHRASE 'DUE PROCESS OF LAW,' DEFINED AS '...ACCORDING TO THE LEGAL PROCESSES RECOGNIZED BY PARLIAMENT AND THE COURTS IN CANADA.' THE CANADIAN BILL OF RIGHTS' DUE PROCESS SAFEGUARDS AND THE SUPREME COURT OF CANADA ARE DISCUSSED. CHAPTERS EXAMINE THE ROLE AND FUNCTION OF THE POLICE, WITH WHOM THE PROCESS BEGINS, AS WELL AS THE ROLE OF THE PROSECUTOR IN SELECTED PRETRIAL AND TRIAL PROCESSES. ALSO DISCUSSED ARE JUDICIAL DECISIONMAKING AND THE JUDGE AND THE CONDUCT OF THE TRIAL IN TERMS OF CONTROLLING THE TRIAL PROCESS. THE DOCTRINE OF ABUSE OF PROCESS IN EXAMINED IN THE CONTEXT OF PROTECTING THE PROCESS. REFERENCES AND AN INDEX ARE INCLUDED.