LAWS 2301 Lecture Notes - Selective Enforcement, Adversarial System, Strip Search
9 Feb 2013
School
Department
Course
Professor
Document Summary
Young not supportive of the charter being used for criminal law reform within an adversarial process. Main point: charter not a good fit. There is not much of a role of the state in using the charter to formulate criminal law. There have been isolated instances of success within the charter; but not major structural reform; any existing victories are of a symbolic value. This undercuts the foundation of constitutional rights; it relies on a party who has limited funds to take these rights forward. All players should bear the burden to progress rights. Too often procedural rights seen as an obstacle to finding guilt/innocence; at the lower court levels judges have not been receptive to charter arguments as they do not relate to guilt/innocence rights are muddling up the process. Quote made by young about charter development being hindered by assumptions/ideology of adv justice. Think potential crushed in nature of the adversarial process.
