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Lecture 18

POL337Y1 Lecture Notes - Lecture 18: Sex And The Law, Supreme Court Of Canada, Due Process


Department
Political Science
Course Code
POL337Y1
Professor
Ran Hirschl
Lecture
18

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Criminal Due Process and Equality Rights
Monday, March 9, 2015
12:12 PM
Gideon's Trumpet
oShowed how the rights of individuals are indivisible
Without legal protection and legal rights, individuals were not able
to defend themselves
They worked the system in a strategic way to enhance his
situation
The second trial showed the difference between Gideon's
first and second trial
The lawyer showed that there was a different story
from Gideon's narrative
His judge planted the seeds of reasonable doubt
oIt became a new trial and a different ball game
It gave the idea that a simple man can write a letter to the
supreme court won
Canada had a clear cut rule established in 1982
The Gideon Supreme Court between the 1950's and
1960's was in the Warren Court, and was a more progressive
institution in America
In 54 - Brown Vs. Board of Education
Segregation was eliminated within the
school system
It stretched all the way to R vs. Wade to 1973 after
abortion
The Presumption of Innocence
The amicability of evidence
Many landmark decisions
Also lead to the establishment of
Miranda Rights
We witnessed the entire revolution in Canada from 88 until 92
oThe Canadian supreme court had an easier decisions because criminal
law in Canada is Federal, where important aspects of Criminal law are within
the States of the United States
Deciding on Universal right to council, because it infringed on the
rights of the States
Therefore, because all criminal process is under sect 91. it
made the decision easier
Canada
Before the adoption of the Charter
oWas lagging behind the US for the rights of the accused individual
oYou are presumed innocent until you are proven guilty
oInadmicabilty of illegally obtained evidence
Cannot enter your property without a search warrant or search
your persons without a warrant
oProper legal representation
All of these things came into Canada With the adoption of the Charter
oThe charter ushered in a whole new era
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There was a massive inflow of cases that involved criminal due
process from sect. 8 - 14
Since 1982
Approx. 2/3 of supreme court cases dealing with
criminal due process rights
Shows the significance of criminal due
process
oSeveral explanations
Canada - was behind when it came to criminal due process rights
There was a huge gap to close
The number of criminal cases that have reached the supreme
court Is the same as before
However, now defense lawyers have the supreme court to
help them along the way
Lawyers are doing what ever they can to save their clients
Unlike other areas of const. law, Supreme court has direct control
over the outcome
They have a sort of de facto jurisdiction
Therefore, they are hard on these areas because the
supreme court controls the system
Supreme court
oA good way to fight an authoritarian regime was to ensure that there was
criminal due process rights
It is a failure to the system if there is 1 innocent persons is
convicted for a crime they did not commit
If they are wrongly convicted, it is a loss
This is a worse outcome than letting a guilty person
go
There is a societal preference to the idea that we
can never put people behind bars who are innocent
One of the biggest supreme court
oSingh decision
First charter rights ruling issued by the supreme court
An illegal immigrant in Canada who overstayed in Canada
There was no hearing and a deportation was ordered
Singh's lawyers argued that everyone in Canada
has the right to a fair hearing
Following the Singh decision, the entire
system of the immigration boards was established
Everyone has the right to a fair
hearing
Therefore, the right to a fair hearing
without full representation
oTherefore, the right to fair hearing is absolute
What happens when down the road, people are acquitted in trials
Askov ( 1990)
11 b) of the charter
Gaurentees the right to a trial in a
reasonable amount of time
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