CRIM 2652 Lecture Notes - Lecture 2: Reverse Onus, Due Process, Individual And Group Rights
14 Dec 2016
School
Department
Course
Professor
Watch minority report
Themes
- Due process and crime control
o Due process
▪ Individual rights and procedural rights
▪ Charter of rights
• Lays out the constitutional rights of citizens
▪ Presumption of innocence
o Crime control
▪ Increasing political support for crime control
▪ Not only federal conservatives to push for crime control but shared by all parties
▪ Passage of bill c-10
▪ Increase of crime Managed to unsettle major principles of due process
▪ Anti -terrorist act after sept 11th
• Allowed police to arrest without warrant before crime has taken place
• Preventive forward looking logic
- The myth of the system
o Conflicts between different stages/components
o Conflicts in relation to a single stage/component
o Competing interests: offenders, victims and communities, justice system
o Ex. Punishment should fit crime
o Conflicts between different jurisdictions
- Bail
o 1975 Criminal law amendment act introduced reverse onus for some offences
▪ In certain cases in relation to certain offenses, the general rule is detain unless
the accused can make the argument of bail
▪ If person was already out on bail
▪ If person is not a resident of Canada
▪ Drug trafficking
▪ Bill c-35 extended the reverse onus provisions to include all firearm offences
o Release is the general rule unless reverse onus applies
o Arrested has to be brought to court within 24 hrs
o Main idea is that criminal justice is not a smooth system but a lot of conflicts at each
stage
- Discretion
o Freedom to choose between different options when confronted with the need to make
a decision
o Disparity: similar offenders who commit similar crimes receive sentences of different
severity
o The more severe the crime, the less discretion is needed to be taken
o Discrimination
o Ex. Husbands case discretion
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Due process and crime control: due process. Individual rights and procedural rights: charter of rights. Lays out the constitutional rights of citizens: presumption of innocence, crime control. Increasing political support for crime control: not only federal conservatives to push for crime control but shared by all parties, passage of bill c-10, anti -terrorist act after sept 11th. Increase of crime managed to unsettle major principles of due process: allowed police to arrest without warrant before crime has taken place, preventive forward looking logic. The myth of the system: conflicts between different stages/components, conflicts in relation to a single stage/component, competing interests: offenders, victims and communities, justice system, ex. Punishment should fit crime: conflicts between different jurisdictions. 1975 criminal law amendment act introduced reverse onus for some offences. In certain cases in relation to certain offenses, the general rule is detain unless the accused can make the argument of bail.
