Common Law
Adversarial Justice System
"The Canadian criminal Justice system is an adversarial system where two opposing sides present their case before an impartial arbiter. The Crown attorney, representing the government of Canada, and the accused, usually represented by defence counsel, are adversaries during this process" (Antonacci, 2013, p.15).
Antonacci, G. CJ. (2013). McGraw-Hill Ryerson
Understanding policing and professional practiceChapter 3 Policing and the criminal justice system -- Learning objectives -- Introduction -- Adversarial and inquisitorial systems of criminal justice -- The adversarial system --
Victim Participation RightsThis book traces victims' active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting.
Legal LiteracyIncludes a few paragraphs on the consequences of an adversarial system: the pressure to win.
The Justice CrisisMatthew Dylag -- Truth, Reconciliation, and the cost of adversarial justice
Adversarial Justice: America's Court System on TrialCall Number: eBookOur adversarial legal system is used to evade the truth and makes winning the paramount goal.
Chapter 3 - Adversarial System
The Canadian justice system: An overviewPrint book KE444 .A85 2020
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Due Process
"The due process model is to ensure that the criminal justice system is just. There is a focus on ensuring that accused people are treated fairly and that there are procedural safeguards in place to protect the rights of individuals. The model stresses the importance of the presumption of innocence and all of the safeguardss that support that assumption" (Antonacci, 2013, p.10).
Antonacci, G. CJ. (2013) McGraw-Hill Ryerson
Rule of Law
“The rule of law is a principle whereby the government and its officials along with all citizens, groups, businesses, and institutions, are subject to rules and regulations that are fair, just, and enforced uniformly. Laws must also be public and widely known. The rule of law is designed to ensure that everyone is treated equally regardless of their social or economic status, or their race, ethnicity, religion, gender, or sexual orientation. Democracies must embrace the rule of law to ensure justice and equality for their citizens” (Lansford, 2017, pg. 37-38).
Lansford, T. (2017). Justice, policing, and the rule of law. National Highlights Inc.
The role of judges is to protect the rights and freedoms guaranteed under the Canadian Charter of Rights and Freedoms (Charter).
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
— Canadian Charter of Rights and Freedoms
Justice, Policing, and the Rule of LawChapter Four "Rule of Law"
Law, Politics, and the Judicial Process in Canada, 4th Edition by Publication Date: 2018-08-13Chapter 4: The Rule of Law in the Canadian Constitution
Faith, Force, and Reason: An Armchair History of the Rule of Law by Faith, Force, and Reason follows the evolution of the rule of law from its birth in the marshes of Mesopotamia over 4,000 years ago to its battle against apartheid in South Africa in the last twenty-five years. It is recounted through the voices of emperors and kings, judges and jurists, and popes and philosophers who have thought about what the rule of law is all about and how it works.
Seven Absolute RightsSeven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution.
Conflict in CaledoniaChapter 1: The Rule of Law
Building a Culture of Lawfulness: An Interdisciplinary Approach to the Rule of LawThis book is the first interdisciplinary study of the rule of law in an environment of complementary culture. It argues that the rule of law should not be defined solely through the development of institutions, but also through the mobilization of existing culture towards support for law and its enforcement.
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