LAWS 3306 Study Guide - Final Guide: Due Process, Hybrid Offence, Sixties Scoop
Document Summary
There is a significant power imbalance between prosecuting state and accused. Number of decisions made by scc to take legal rights in charter and create parameters as to what those rights mean e. g. definition of detention, right to counsel etc. Concept of victim/ consideration of victim has messed up the battle between state and accused. Battle between rights of accused and rights of victims. Discourse of victims" rights has started to shape our laws and procedure, evidentiary rules. Consideration of victims has crept into classic criminal case battle e. g. victimless crime, women, changes in our laws dealing with sexual assault. Significant changes to law itself, evidentiary rule with prosecuting and defending these cases, protections now afforded to victims through cases decided in scc and parliaments response to those cases and consideration about victims. Crime victims victims have become consumer of cjs.
