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Tradition And Change Under The Charter: The Adversary System, Third Party Interests And The Legitimacy Of Criminal Justice In Canada, Jamie Cameron

Jamie Cameron

This chapter examines the Charter’s impact on the criminal justice system from the perspective of third parties and the ways they have changed the traditional conception of the criminal trial as a contest between two adversaries – the Crown and the accused. As demonstrated by Dagenais v. CBC and the cases on the rights of complainants (especially in sexual assault proceedings), the arrival of third party stakeholders has created new dynamics for the Crown and the accused, and has forced the Supreme Court to address the status of third party entitlements under the Charter. This chapter examines the interface between …