Introduction Canada's criminal justice system reflects, for the most part, the Charter of Rights and Freedoms and the jurisprudence of the Supreme Court of Canada. Anyone at the opposite end of the criminal justice system is entitled to certain protections every step of the way, starting even before arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights upon arrest, and provide us with the right to an attorney. The bail court departs from the “beyond a reasonable doubt” standard in that the Crown only needs to prove a balance of probabilities (Kellough, 1996, p. 175) to take away a person's liberty. It is for this reason that I have decided to limit the scope of my observations to the bail court. What I found is systematic evidence of a two-tiered justice system. In this essay, I will outline the roles of the "regular players" of the bail court and demonstrate how the current bail process essentially transforms the Canadian criminal justice system into a two-tiered system where the rich and powerful can receive preferential treatment . on the poor.ObservationsI attended bail court on Monday, February 22 at the Ontario Court of Justice in Scarborough. After some searching, I found the court's assignment sheet posted outside a clerk's office. He had listed the number of each courtroom and what was assigned to them. Room 412 was bail, room 406 was the guilty plea, and room 407 was the first appearance. As I approached courtroom 412, I saw the crown attorney having a brief conversation with a colleague. They were critical of the judge's delay: the court was supposed to reconvene at 2 p.m. She sarcastically stated that he 'must need a longer lunch... middle of paper... Introduction to Crime and Social Control in Canada (pp. 93-110). Toronto: Holt, Rinehart and Winston of Canada.Burstein, P. (2008). The role of a defense lawyer. In J. V. Roberts and M. G. Grossman (Eds.), Criminal Justice in Canada: a Reader (3rd edition ed., pp. 48-58). Toronto: Thomson Nelson. Cole, D. P. (2008). A day in the life of a judge. In Criminal Justice in Canada: a Reader (3rd ed., pp. 59-75). Toronto: Thomson Nelson.Griffiths, C.T. (2007). Canadian Criminal Justice: A Primer (3rd edition ed.). Toronto: Thomson Nelson. Kellough, G. (1996). Getting Bail: Ideology in Action. In T. O'Reilly-Flemming (Ed.), Post-critical criminology (pp. 159-183). Toronto: Prentice-Hall.Manarin, B. (2008). Role of the Public Prosecutor. In J. V. Roberts and M. G. Grossman (Eds.), Criminal Justice in Canada: a reader (3rd edition ed., pp. 36-47). Toronto: Thomson Nelson.
tags