The Impact of the Canadian Charter of Rights and Freedoms on Law Enforcement
Author: James Whiting
Publisher:
Published: 1997
Total Pages: 226
ISBN-13:
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Author: James Whiting
Publisher:
Published: 1997
Total Pages: 226
ISBN-13:
DOWNLOAD EBOOKAuthor: James Whiting
Publisher:
Published: 1997
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKThe Canadian Charter of Rights and Freedoms has had considerable effect on Canada, politically, judicially and socially. One area in particular which has generated notable debate is its impact on policing. Prior to its entrenchment, many members of the law enforcement community opposed it as being an impediment to their efforts and a move towards the 'Americanization' of our criminal justice system. After living with the Charter for nearly fifteen years, we see that two of the areas of public policy most affected have indeed been those of legal rights and criminal procedures. While a popular perception of the Charter is that it undermines the enforcement of criminal law, the analysis here suggests that its influence may vary significantly across policy areas within this field. Focussing on the enforcement of impaired driving in Winnipeg, Manitoba, this study considers procedural changes necessitated by the Charter and/or Charter rulings, the effect of the increasing prominence of drunk driving as a social issue in Canada and police statistics as reflections of local and national trends. It further suggests that the Charter not only demonstrated the potential to impact on police effectiveness, but also coincided with a noticeable shift towards a due-process model of criminal justice. Both of these effects have influenced public and police perceptions of Canadian justice, which will have implications for the future management of the criminal justice system. However, the Charter has not compromised the ability of the police to enforce impaired driving laws.
Author:
Publisher:
Published: 1901
Total Pages:
ISBN-13:
DOWNLOAD EBOOKThe Canadian Charter of Rights and Freedoms has had considerable effect on Canada, politically, judicially and socially. One area in particular which has generated notable debate is its impact on policing. Prior to its entrenchment, many members of the law enforcement community opposed it as being an impediment to their efforts and a move towards the 'Americanization' of our criminal justice system. After living with the Charter for nearly fifteen years, we see that two of the areas of public policy most affected have indeed been those of legal rights and criminal procedures. While a popular perception of the Charter is that it undermines the enforcement of criminal law, the analysis here suggests that its influence may vary significantly across policy areas within this field. Focussing on the enforcement of impaired driving in Winnipeg, Manitoba, this study considers procedural changes necessitated by the Charter and/or Charter rulings, the effect of the increasing prominence of drunk driving as a social issue in Canada and police statistics as reflections of local and national trends. It further suggests that the Charter not only demonstrated the potential to impact on police effectiveness, but also coincided with a noticeable shift towards a due-process model of criminal justice. Both of these effects have influenced public and police perceptions of Canadian justice, which will have implications for the future management of the criminal justice system. However, the Charter has not compromised the ability of the police to enforce impaired driving laws.
Author: University of Alberta. Centre for Constitutional Studies
Publisher: University of Toronto Press
Published: 1994-01-01
Total Pages: 384
ISBN-13: 9780802073624
DOWNLOAD EBOOKThe television spectacles of Oka and the Rodney King affair served to focus public disaffection with the police, a disaffection that has been growing for several years. In Canada, confidence in the police is at an all-time low. At the same time crime rates continue to rise. Canada now has the dubious distinction of having the second highest crime rate in the Western world. How did this state of affairs come about? What do we want from our police? How do we achieve policing that is consistent with the Charter of Rights and Freedoms? The essays in this volume set out to explore these questions. In their introduction, the editors point out that constitutional order is tied to the exercise of power by law enforcement agencies, and that if relations between the police and civil society continue to erode, the exercise of force will rise - a dangerous prospect for democratic societies.
Author: Canada
Publisher:
Published: 1996
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAuthor: Janet L. Hiebert
Publisher: McGill-Queen's Press - MQUP
Published: 2002-04-24
Total Pages: 280
ISBN-13: 0773570373
DOWNLOAD EBOOKAlthough the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
Author: Evan Stark
Publisher: Oxford University Press
Published: 2009
Total Pages: 465
ISBN-13: 0195384040
DOWNLOAD EBOOKDrawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Author: Robert J. Sharpe
Publisher: Butterworth-Heinemann
Published: 1987
Total Pages: 466
ISBN-13:
DOWNLOAD EBOOKAuthor: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
Published: 1983
Total Pages: 188
ISBN-13:
DOWNLOAD EBOOKConsolidated as of April 17, 1982.
Author: Hans-W. Micklitz
Publisher: Cambridge University Press
Published: 2021-12-02
Total Pages: 341
ISBN-13: 1108906923
DOWNLOAD EBOOKNew technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.