skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 44452 Find in a Library
Title: DUE PROCESS OF LAW - THE CANADIAN SYSTEM OF CRIMINAL JUSTICE
Author(s): S A COHEN
Date Published: 1977
Page Count: 465
Sponsoring Agency: Canadian Institute for the Admin of Justice
Canada
Carswell Co Limited
Toronto, Canada
Sale Source: Carswell Co Limited
245 Bartley
Toronto,
Canada
Language: English
Country: Canada
Annotation: THE STUDY EXAMINES MANY CANADIAN CRIMINAL PROCEDURES AND EVIDENTIARY ISSUES IN LIGHT OF THEIR CONGRUENCE WITH THE NOTION OF DUE PROCESS OF LAW.
Abstract: AN ATTEMPT IS MADE TO EVALUATE CURRENT PRACTICES AGAINST THEORETICAL LIMITATIONS. THE AUTHOR ELABORATES ON THE PHRASE 'DUE PROCESS OF LAW,' DEFINED AS '...ACCORDING TO THE LEGAL PROCESSES RECOGNIZED BY PARLIAMENT AND THE COURTS IN CANADA.' THE CANADIAN BILL OF RIGHTS' DUE PROCESS SAFEGUARDS AND THE SUPREME COURT OF CANADA ARE DISCUSSED. CHAPTERS EXAMINE THE ROLE AND FUNCTION OF THE POLICE, WITH WHOM THE PROCESS BEGINS, AS WELL AS THE ROLE OF THE PROSECUTOR IN SELECTED PRETRIAL AND TRIAL PROCESSES. ALSO DISCUSSED ARE JUDICIAL DECISIONMAKING AND THE JUDGE AND THE CONDUCT OF THE TRIAL IN TERMS OF CONTROLLING THE TRIAL PROCESS. THE DOCTRINE OF ABUSE OF PROCESS IN EXAMINED IN THE CONTEXT OF PROTECTING THE PROCESS. REFERENCES AND AN INDEX ARE INCLUDED.
Index Term(s): Canada; Judicial process; Jurisprudence; Right to Due Process; Rights of the accused
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=44452

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.