LEGAL PROCESS IN CANADA

Legal Process in Canada



Legal Process in Canada

According to the article, the history of a legal system dates back to the times of the Old Testament with Mosaic Law and to the times of Napoleon's Napoleonic Laws and regulations. The actor's character in the legal system has all over time been altering to able-bodied their times. In the past, complainants and respondents could indicate their cases before a judge themselves. Today each party is probable to hire lawyers to point out their cases for them. In the criminal justice system, prosecutors who are funded by the government represent the individual, and defense lawyers who are privately paid or paid by the government represent the charged. In the article, it is argued that through time in Canada the charged has played very little to no role in his own defense and depends entirely on his lawyer who makes his living in the criminal justice system. Because of this, he argues that the charged is more of a dependant than a defendant. For this article, this is a problem and he shows facts about why the Canadian Justice System needs to be reformed. There are various concepts that are described in this article as:

Judicial Activism

An ad hoc resolution, according to the article, would be to institute an advisory committee consisting of MP's, judges, lawyers, provincial representatives and the public to create recommendations on appointments. Arguably, Harper's doctrines of judicial process are a combination of the rigid declaratory model and Paul Weiler's adjudication of disputes model. Contrary to Harper's doctrines, Martin has the tinge of a legal realist coinciding with a Weiler judicial policy-maker model (Heath 2003 pp 42).

Such a credit would force the courts to take on both political and legal roles and their pressures, coercing them into a position that could sacrifice their ability to do either competently (Marston & Ward 2005 pp 58-95). It is clear that Harper and Martin agree to the obsolete method of Supreme Court nominations, but as certain as the political spectrum goes full circle, there will always be different methods to reaching similar conclusions. Nevertheless, judicial activism is not simply a manifestation of a power driven politician. It begins at the grassroots of democracy, with the constituents who are accountable for the majority vote, which is the foundation of the democratic government, which, finally, is accountable to the citizenry.

Court Challenges Program

With the growth of the newly women's regional facilities, the Correctional Service of Canada may well be confronted with a newly issue and court challenges regarding the frequency and costs of private family visits where both spouses are incarcerated at a great distance from each other.

First of all, it is crucial to mention that the constitution in 1982 allowed Canada to create changes to the governing framework of the nation (Heath 2003 pp 42). The terms while, did not meet the needs of all Canadians. Some were pertained not everyone's rights will be saved under the Charter of Rights and ...