Powers And Authority In Canada's Criminal Justice System

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Introduction: A Brief Overview Canada’s Criminal Justice System and its personnel’s may not be as perfect as it is portrayed. Authorities such as the police and judges are shown as making ethical decisions in favor of peace, equity, and justice in society, although, they may go beyond their boundaries and abuse their powers and authority and are subject to review. In this paper I will discuss how police and judges abuse their powers and authority within the Canadian Justice System and how it is dealt with as well as critique it from both an advantageous and disadvantageous perspective. First, I will discuss the mechanisms, such as the guidelines and rules…show more content…
Moreover, for police officers, those who are accused of crimes are protected by the Constitutional Rights that the Charter embeds and are permitted to challenge any actions police officers may have taken beyond their control (Griffiths, C. T., 2014, p.93). The Charter of Rights and Freedoms prevents them from abusing their power in multiple ways. This includes omitting any illegal evidence in court and making it inadmissible, creating a guideline for lawful arrests, and making sure that their use of force is proportionate to the situation and circumstances. (Griffiths, C. T., 2014, p.93-95). In addition, The Criminal Code permits police officers the right to arrest individuals in whom they think have committed an offence though before making an arrest they are to strictly contact the Justice Personnel although this changes within different circumstances (Griffiths, C. T., 2014, p.94-95). However, The Supreme Court of Canada implemented a guideline that police officers must follow when using a search warrant that ultimately includes reporting it and having it being given by a Justice Personnel before taking any action (Griffiths, C. T., 2014, p.98). Entrapment is not tolerated by the Criminal Code in circumstances in which an individual is nearly forced to commit a crime they wouldn’t have committed without the presence of an officer, although the advantage to using this mechanism would be that it cost-effective and may be more beneficial to the victim (Griffiths, C. T., 2014, p.102) The Criminal Code of Canada is also responsible for laying out the guidelines that permits police officers to use force. This includes being permitted to use one-plus-one use of force in situations where only it is applicable and requires an immediate response as well as the use of discretion in which the officer is free to choose the way they approach a situation
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