Quotulatiousness

July 1, 2011

Canadian and US judicial differences

Filed under: Cancon, Law, Politics, USA — Tags: , , — Nicholas @ 11:49

Conrad Black, who is now very well-versed in the oddities of American court practices, contrasts them with their Canadian equivalents:

This brings me, most happily, to the subject of Canada Day, 2011. I regret to have to write that I have also discovered in this mundane Odyssey that Canada, too, has its share of obtuse judges. But it does not actively encourage pre-trial media lynchings; requires a plausible test before charges are laid and not just the mockery of the grand jury; has reasonably even and impartial procedural rules; the defence speaks last in trials; acquittals are not immediately reversible for sentencing purposes; few prosecutors revert to the private sector in Canada, and very few become politicians; and most judges are not, as they are in the United States, ex-prosecutors. And in Canada, the prison and prosecution industry is not a Frankenstein Monster that incarcerates 1% of all adults as in the United States (only about one-sixth of that, in Canada), or more African-Americans of university age than there are in university, as in the United States. And in Canada, the number of people with “a record,” (even if for impaired driving 10 years ago, or being disorderly at a fraternity party 30 years ago), is not 15% of the entire population, as it is in the United States (47 million people, none of whom is eligible, for that reason, to enter Canada, even on a family holiday to look at the Calgary Stampede).

Canada is not a prosecutocracy amok in a carceral state, and the United States, no matter how fervently tens of millions of Americans may stand, hand over heart, singing their splendid anthems on Monday, is. Above all other things, if I were in Canada this weekend, and a Canadian citizen, I would celebrate the country’s good fortune in having 33 million relatively well-adjusted people in a mighty treasure house of a country, a steadily more geopolitically enviable condition as the developing world, led by China, India, Indonesia, and Brazil, four of the five most populous countries, with 40% of the world’s population, consistently put up six to 10% annual economic growth rates, and buy Canada’s resources. Canadians can also celebrate their good fortune that there was never an economic justification for slavery in Canada; that its only close neighbour has not been militarily aggressive, and that it has the official languages of two of the world’s very greatest cultures.

No Comments

No comments yet.

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.

Powered by WordPress