LAWS2301_Reflection1
docx
keyboard_arrow_up
School
Carleton University *
*We aren’t endorsed by this school
Course
2301
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by ChiefDove3742
Reflection One: The Role of the Crown
Professor: Jonathan Thompson
LAWS2301F
February 13, 2023
During the readings and subsequent lectures by both Jonathan Thompson and Matthew
Giovinazzo I gained a newfound insight and interest into how the Crown functions in Canada
and specifically in Ontario. I have encountered the case of R. v. Boucher, [1955] SCR 16
multiple times throughout my Carleton law classes, but I never really understood its significance
until the lecture from Mr. Giovinazzo earlier this week. In R. v. Boucher, the appellant was found
guilty of murder, and his appeal to the Court of Appeal in Quebec was dismissed. The appellant,
Ovila Boucher, appealed that decision to the Supreme Court of Canada and at the subsequent
trial the S.C.C. established that the judge failed to articulate the rules of circumstantial evidence
to the jury, and that the judge used inflammatory language when addressing the jury. This case
articulates a principle of Canadian law which I had some concept of but not a clear
understanding. It states that during criminal litigation it is the right of the accused to have their
innocence or guilt determined purely by sworn evidence without the persuasion of either the
Crown or defense. When I see this principle written down it seems obvious, but it is not
something I really understood until now.
Mr. Giovinazzo further solidified this concept by highlighting a judge’s duty to press hard
for the truth but not act on their emotions. In R. v. Boucher, it is articulated that a judge must use
impartial language and if they do not, they render a case unjust by potentially swaying the jury or
leaning into their own opinions of guilt or innocence. Before I started studying Canadian law and
particularly before taking this class on criminal law, I imagined the sides of the criminal
litigation process as an archetypal good v. evil. I always imagined that the role of the court was
to “win” and that the Crown aims to prosecute as many people as possible; and when they do not
achieve a sentence it reflects poorly on them, as if they have “failed” this duty to prosecute. I
understand now that that in Canada our judicial representatives are tasked with pushing for truth
1.
and justice, and not just sentencing statistics; whether our judges always act in this
ideal
way,
I’m not sure, but from my understanding our judicial representatives are a competent reflection
of Canadian society.
I would have liked to hear Mr. Giovinazzo’s opinion on some of the shortcomings that are
currently facing the Canadian criminal law system as he is so closely involved with the Crown
attorney in Ontario. Through the readings and lectures from the past weeks by people like Amna
A. Akbar and Maeve Mungovan, I have become much more aware of the functions of the
criminal justice system in Canada and some of the fundamental problems that demand our
attention. I would have been interested to hear if Mr. Giovinazzo has any opinions on what areas
of the system need the most work, as he seems like a competent lawyer and a good representative
of the Crown and its ethics. That being said, I got a lot out of his lecture, such as how the Crown
operates in Ontario and what prosecutors and judges should strive to achieve with regards to
impartiality and high levels of care.
Through this lecture and the readings of the past two weeks, I have become much more
conscious of how I lean towards a guilty verdict right away and the faith I had in the system, I
thought that if the person were truly innocent, they wouldn’t end up in court, fighting for their
freedom. I now know that is naïve and the system is not perfect, my own upbringing has led me
to imagine the system as simply good or evil. I never stopped to consider the very real
disadvantage that some people face in a system that has legitimately targeted them through
criminal sentencing and police. As I continue my journey in criminal law, I hope to continue
reflecting on my own biases and preconceptions with an open mind and a willingness to learn
and grow.
2.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help