Quotulatiousness

February 8, 2012

“[C]ourthouses were places where justice was done. Today, people … look at them as places where injustice will be done.”

Filed under: Cancon, Law, Liberty — Tags: , — Nicholas @ 11:43

Karen Selick on the more obvious signs of security in Canadian courtrooms:

I articled in Toronto in 1976-1977, when anyone could freely breeze in and out of the courthouses — including Osgoode Hall, where the Ontario Court of Appeal sits — without ever seeing a police officer, being searched or having to show ID.

So what has changed over the past 35 years to make our courthouses so fearful? The homicide rate has actually fallen significantly over that time, although violent crime in general has risen.

But private businesses still don’t find it necessary to take this level of precaution. I can walk into a Toronto shopping mall as freely today as I walked into Toronto courthouses 35 years ago. Is there something unique about courthouses that makes them more likely scenes of violence?

My hypothesis is that people were more willing to accept the notion 35 years ago that courthouses were places where justice was done. Today, people are more likely to look at them as places where injustice will be done.

Many more people are compelled to interact with “the law” these days, simply because there is so much more of it. Regulation over citizens’ lives has exploded, and much of what happens in court cannot be described as having anything to do with justice.

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