Victims' Rights and the Charter

Criminal Law Quarterly, Vol. 49, p. 474, 2005

23 Pages Posted: 20 Jun 2008 Last revised: 12 Jul 2013

See all articles by Kent Roach

Kent Roach

University of Toronto - Faculty of Law

Date Written: 2005

Abstract

Since its 1982 enactment, the Canadian Charter of Rights and Freedoms has become one of the cornerstones of Canada. It is a document that has political and social as well as legal significance. Although the Charter entrenches many rights that have universal significance, it also reflects the time in which it was drafted. This is no more apparent than in its failure to include rights for victims of crime.

This article will examine the question of whether victims' rights should be added to the Charter. This article will discuss both the advantages and disadvantages of including victims' rights in the Charter and the implications of such amendments for victims of crime, the administration of justice and Canadian governments. This process should also serve as a summary audit of the state of victims' rights under Canadian law as well as a reflection on the consequences of constitutionalizing rights so that they are interpreted and enforced by the courts as opposed to being developed and implemented by the legislative and executive branches of government.

Suggested Citation

Roach, Kent, Victims' Rights and the Charter (2005). Criminal Law Quarterly, Vol. 49, p. 474, 2005, Available at SSRN: https://ssrn.com/abstract=1147810

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

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