LAWS 3306 Lecture Notes - Lecture 12: Miscarriage Of Justice, Indictable Offence, Canada Evidence Act
14 Apr 2016
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Document Summary
Packer helped us understand the rise of dp through his two models, the crime control model and due process model, which are two compeing systems of values operaing within the cjs. Due process provides fundamental fairness and protecion under the law for an accused person, concentraing on an accused"s persons rights over vicims" rights. The dp model over took the cjs; however, because of the dp revoluion it was tempered by retreats by parliament or the scc (example iron triangle three cases, Scc limiing an accused persons rights during police interrogaions) Examples: in therens, the police failed to read him his secion 10(b) rights, the informaion component of rights to counsel. A charter applicaion was brought forward on those grounds and evidence (breath sample) was excluded. Vicims" rights shaped a signiicant amount of our system, including our laws and procedures. Packers helped us understand the rise of dp but couldn"t explain the various forces of vicims" rights.
