Philosophical Shift in Criminal Law in Canada

Resumo

There has been a philosophical shift in criminal law for the 40 or so years in Canada that represents a divergence from its earlier forms. The shift to precautionary policing and a securitized society has strongly changed the formation of criminal law protections and policies. This paper maps out some of the relevant case law in criminal law over the last 40 years and discusses some of the precedents that were set from the resulting decision in them. By examining the results, we see that there is a shift in how policing and rights are treated and viewed by the judicial system and the state.

Keywords: Criminal Law, Canada, civil liberties, Charter of Rights and Freedoms