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Regardless of whether or not there exists two tiers of justice within the Court process one thing is clear from observing the failures in the accountability process within the Attorney General’s office, the judiciary should act as a check and balance against the power of the Crown.
In an attempt to obtain accountability perhaps a court watching project should be started similar in likes to the one created in Chicago in 1974-1977. The group could be formed of citizens from all walks of life and could each visit courtrooms to compile data. The group could serve as a last ditch attempt to bring accountability to the legal system and could provide invaluable information like the periodic report published by the Canadian Citizen’s Free Press titled Canada Court Watch Report, which it seems to concern itself with the family court. The proposed group would hopefully have the resources to examine all Provincial Courts including the Ontario Superior Court.
In the end the accused’s legal rights as set out in the charter were observed but the motives behind their observance is unclear. Had the Crown wanted to respect the legal rights of the accused they should have demanded that the police release a copy of the warrant to the defence. The Crown should have dropped the charges against the accused much earlier when they determined that the police had no intention of giving the defence a copy of the warrant. Keeping all this in mind I cannot help but think that the accused’s legal rights were observed not because of the Crown’s respect for the legal rights, but because the Crown realized that they could not circumvent them and had no other option but to observe them. Had the accused pleaded out, his legal rights as set out in the charter would have been a moot point.
This case opened my eyes to the numerous problems that plague our legal system. I saw how far removed the average person is from the legal system and how necessary it is to have a lawyer navigate you through it. Without the aid of a knowledgeable lawyer the accused might have pleaded out or perhaps might not have even noticed the missing warrant or underestimated its value. I also bore witness to the seemingly unchecked power that the Attorney General’s office wields, and the potentially two-tiered system of justice that exists in the Province. In a legal system that is based on the notion that everyone is innocent until proven guilty and are equal in the eyes of the law, I could not help but feel that in this case the scales of justice were balanced in favour of the Crown on one side and no one but the defence seemed to really care.
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Jordan
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Comments
hrm... Martin Kuplens-Ewart | Oct 18th, 2002
...In the US, a guy was held in prison without trial/hearing for 3 yrs [Kevin Mitnick]. They dropped the charges after that.
An Excellent Case in Point Huss Banai | Nov 20th, 2002
Unfortunately, this is not an exception to what goes on everyday in our justice system. Jordan, you do well by bringing it to our attention!
Justice System Ally | May 29th, 2003
I have to agree with everything you said: the Crown can extend a trial and the justice balance is in favour of the Crown. And yes, judges and even the attorneys should stop a case if it isn't going anywhere but that can only happen in a perfect world. I am not siding with the Crown's side (especially in this case), but in an overloaded justice system without enough attorneys or judges cases are lost through the cracks. It's too bad, because it's costing taxpayers money and it's ruining lives.
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