Tradition and Change Under the Charter: The Adversary System, Third Party Interests and the Legitimacy of Criminal Justice in Canada

The Charter's Impact on the Criminal Justice System, J. Cameron, ed., Toronto: Thomson Canada Ltd., 1996

22 Pages Posted: 29 Apr 2012 Last revised: 29 Oct 2013

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: February 1, 1996

Abstract

This chapter examines the Charter’s impact on the criminal justice system from the perspective of third parties and the ways they have changed the traditional conception of the criminal trial as a contest between two adversaries – the Crown and the accused. As demonstrated by Dagenais v. CBC and the cases on the rights of complainants (especially in sexual assault proceedings), the arrival of third party stakeholders has created new dynamics for the Crown and the accused, and has forced the Supreme Court to address the status of third party entitlements under the Charter. This chapter examines the interface between continuity and change in sections that discuss the adversarial conception of criminal justice, the dynamics of constitutional change, and the legitimacy of the justice system. It calls for a conceptualization of criminal justice that reconciles the traditional understanding of criminal justice with the entitlements which have been conferred on third parties under the Charter.

Keywords: charter, impact, criminal, justice, system, criminal justice system, tradition, change, Canada, Jamie Cameron

JEL Classification: K00, K40, K41, K42

Suggested Citation

Cameron, Jamie, Tradition and Change Under the Charter: The Adversary System, Third Party Interests and the Legitimacy of Criminal Justice in Canada (February 1, 1996). The Charter's Impact on the Criminal Justice System, J. Cameron, ed., Toronto: Thomson Canada Ltd., 1996. Available at SSRN: https://ssrn.com/abstract=2006539

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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