Canada

Canada is a constitutional monarchy and parliamentary democracy based on the Westminster model. The current Queen of Canada is Elizabeth II. The essential elements of the Canadian criminal justice system were inherited from England in the form of common law tradition of an independent judiciary, adversarial trials by jury, a strong criminal bar, and a system of law based primarily on judicial decisions. However, unlike many common law jurisdictions, Canada codified criminal substantive and procedural law in one single statute-the Criminal Code of Canada. Canada is a federal state consisting of 10 provinces (Alberta, British Columbia, Manitoba, Ontario, Prince Edward Island, Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia, and Saskatchewan) and three territories (Nunavut, Northwest Territories, and Yukon) and powers are divided between the federal and provincial governments. While the federal government has an exclusive jurisdiction over the criminal law and procedure (s. 91(27) of the Constitution

The Criminal Justice Process of Canada 71

Brian H. Greenspan, Defense Counsel, Greenspan Humphrey Lavine, Toronto 74

Introduction 74 Career 74 Philosophy of Legal Advocacy 78 Problems and Successes Experienced 81 Theory and Practice 83 Transnational Relations 84 General Assessments 85 Conclusion 85

Glossary 86

Act, 1867), the administration of justice in the provinces, including the constitution, maintenance, and organization of provincial criminal courts, is within the jurisdiction of the provinces (s. 92(14) of the Constitution Act, 1867).