By Matt Paul
March 10, 2019
Caution – Legal work ahead
In past segments we have gone over the different players, options, procedures, resources and Canlii.org. You may be starting the see the picture of the court process in front of you. This segment is more about an opinion of the author when it comes to attempting to deal with the system as an innocent person wrongfully targeted or a victim of an offense.
The Charter of Rights and Freedoms is a document that you may have heard made reference to many times in the media and in pop culture as a Canadian. The jist of The Charter is to ensure fairness and proper treatment within a framework for all Canadians. Every person in Canada has a role in upholding the Charter of Rights when engaging with one another specifically the charter applies with Canadians and their dealings with public servants, governments and corporations.
The Charter sets out fundamental rights and freedoms as if the state needs to provide them to us. The fact is we have these rights and our behavior and conduct alone can ensure we maintain them. When the police or government are involved it is too late. The justice system is all about big money and control over people. It is not about justice, rights or freedom.
One of my critiques of the system now that I have had some experience with the Justice system is that it seems to be very much a system built for the guilty or criminal element and less for people seeking justice or proving innocence. Guilty parties who have money are afforded lawyers to craft detailed defenses to raise doubt and attack inconsistencies of the Crown and Police. Even if the Crown is successful in obtaining a conviction in serious cases the guilty person is ever present in a process to obtain leniency, treatment for an illness or early release under numerous government designed programs.
There really is no mechanism for the victims of crime except to write out or read a statement of how they were affected by the behavior of the person in question. I am sorry, however, under the charter we protect everyone from abuses of process and yet this is all after the fact. After a crime or offensive action has been committed we are taught to call the police and wait for them to arrive, beyond that wait patiently while the system processes the incident.
An information is laid by a police offer against a person. A person is picked up and notified of an impending process against them. They are provided with partial details of the side that is moving against them. They are presented with a choice, agree and receive punishment, concede and receive lesser punishment or disagree and be subject to a drawn out fight. Many innocent, marginalized and scared people are intimidated to a point that they fill the ranks of the incarcerated. Not because they are guilty but because they are ill equipped to handle this situation. The situation is not natural. All of this is funded by their own tax contributions and the tax contributions of everyone both for and against. There is not one dollar of money involved that produces any value to tax payers and the costs are endless.
If you want justice and you have been wronged you will not get it from within the system without a long steep mountain range to climb fraught with many peaks and a multitude of valleys. The end that you think that is in sight can be found only through compromise or sacrifice. A person seeking justice for a crime will not ever be made whole.
Criminal behaviour is not natural, not necessarily ration or something that a society wants to tolerate. However our distaste for this behavior and extremity towards the behavior has brought force our own demise because we have a system that does not solve a behavioural problem and insists on complete control.