Author: Martin L. Friedland

Publisher:

Published: 1984

Total Pages: 202

ISBN-13:

This is an analysis of the sections of the British North America Act (Constitution Act, 1867) relating to the criminal law and the criminal justice system, and the possible impacts of the Canadian Charter of Rights and Freedoms on both. Part I of the report analyzes the criminal justice provisions of the Constitution Act, 1867. In particular, the origins of section 91(27), the federal criminal law power, are examined, as are sections upholding provincial legislation (92(15) and 92(14)). The appointing power (section 96) is analyzed, as is the authority over penal institutions and the pardoning power. Part II looks at the effect of the Canadian Charter of Rights and Freedoms on the criminal justice system one and a half years after its passage. Decisions from the provincial court of appeals interpreting the Charter are examined, and the report concludes that while the courts are interpreting the Charter more liberally than similar provisions in the Bill of Rights, the changes made have been of a marginal nature and that a similar approach is likely to be taken by the Supreme Court.