SOC209H5 Lecture Notes - Lecture 9: Duty Counsel

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Police are highly critical of the charter: argue that the emphasis on legal rights (esp. section 7 and 14) hampers their ability to enforce the law, hard to detect, arrest, and successfully secure criminals. Sections 1 and 33 diminish the strength of the constitutional document. Tried before judge in provincial, dealt with quickly i. e. water skiing in the dark, impersonating an officer. May involve judges i. e. murder, robbery, aggravated sexual assault. Crown may decide whether to proceed with summary or indictable conviction. May not be denied without reasonable cause. Detention necessary prior to trial based on: prior convictions, other current charges, previous failure to appear. Reasons for detention: fear will not show up for court, reoffend before court date, have not arranged bail. Up to 80% of provincial jail populations are prisoners on remand. Remand concerns lack of treatment programming and services, uncertain length of stay.

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