An evaluation of the efficiency and effectiveness of the ontario criminal court system

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An evaluation of the efficiency and effectiveness of the ontario criminal court system

As in the case of the previous certification exercise [19] we do not consider it necessary, or indeed desirable, to address in this judgment each and every contention advanced.

We have studied all of them. Those that invoke substantive issues we have not previously treated, or that raise contentions covered by the oral or written submissions on behalf of the DP and KZN are dealt with in the course of this judgment.

It is evident from a comparison of the AT with the NT that the CA indeed conscientiously addressed the shortcomings we identified in the CJ [23] and made a concerted effort to rectify them. Whether it succeeded in that endeavour is, of course, the substantive question discussed in this judgment.

But it should be noted that many of the original grounds for non-certification have so clearly been eliminated by the reformulation produced by the CA that no renewed objection could be raised. Thus major areas of contention have been removed.

There is no longer any sustainable ground for objection to the constitutional provisions relating to labour relations NT 23 ; [24] the shielding of ordinary legislation from constitutional scrutiny NTand NT sch 6 s 22 1 b ; [25] safeguarding the independence and impartiality of the Public Protector and the Auditor-General NT ; [26] and the taxing powers and legislative procedures of local government NT and NT Ch 7.

The objection is foundationally flawed and it serves little purpose to cite, as the objector does, examples in international human rights instruments ostensibly extending the right of occupational choice to citizens and non-citizens alike.

The right, in terms of the ICCPR, to enter a particular country is accordingly reserved for nationals only. This would reserve to States Parties the right to regulate nationality, citizenship or naturalization. There does not appear to be anything in these instruments which would prohibit States Parties when regulating these matters from imposing suitable conditions, which would not otherwise conflict with the instruments, limiting the rights of non-nationals in respect of freedom of occupational choice.

But this right would be subject to what has been said in the preceding paragraph. Even more important is the fact that Article 2.

It is subject to the even broader qualification in article 2. In no way do we intend to denigrate the importance of advancing and securing such rights. We merely point out that their nature and enforceability differ materially from those of other rights.

One need do no more than refer to India, [33] Ireland, [34] Italy [35] and Germany.

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It follows that the objection must be rejected. That was a matter for the CA to decide. It clearly relates to what may be done by way of the autonomous exercise of these associational individual rights, in the civil society of one sovereign state. One ostensible difference is the fact that the subjects of the CP XII rights are unspecified and therefore unrestricted, whereas AT 31 confers them on persons belonging to the three specified communities.

It was this perceived difference that gave rise to the objection.

Language selection

It makes provision for a multi-party system of democratic government, with provision for three levels of government, to ensure accountability, responsiveness and openness.

In addition AT 30 separately protects the right of all people to use the language and to participate in the cultural life of their choice.

AT 38 permits all these rights to be enforced by an association acting in the interest of its members, and a person acting in the interest of a group or class of persons. The clear protection of rights of association coupled with the generous standing provisions protect the rights of collective self-determination stipulated by the CP for those communities not expressly protected by AT States of Emergency [28] AT 37 deals with the circumstances in which legislation may derogate from the Bill of Rights during a declared state of emergency.

This is clear from the way in which we dealt with this issue at paragraphs 92 to 95 of the CJ, and from paragraph of the CJ in which we summarized our conclusions. It now includes more of the AT 9 3 anti-discrimination provisions, the right of children under the age of fifteen years not to be used directly in armed conflict, [53] and the right to have evidence obtained in violation of the Bill of Rights excluded at a criminal trial if its admission would render the trial unfair.

It relies in particular on paragraphs 94 to 95 of the CJ and argues that the table is still not drawn up on a rational basis.

An evaluation of the efficiency and effectiveness of the ontario criminal court system

It contends that the table should have included more of the various types of discrimination prohibited by AT 9 3the right to freedom of conscience, religion, thought, belief and opinion AT 15 1the right not to be deprived of citizenship AT 20 and the right to make decisions concerning reproduction AT 12 2 a.

A similar submission was made by various non-governmental organizations in a written argument addressed to us dealing with AT 9, although they do not contend that this would constitute grounds for not certifying the AT.

It was contended that there is no rational basis for these exclusions. He contended, however, that there could be no derogation from the core of the right, which he described as the right to hold particular religious, moral, and other beliefs and opinions, and that this core ought to have been protected in the table of non-derogable rights.

It was contended that an emergency could in itself be no justification for depriving a citizen of his or her citizenship and that AT 20 should have been included in the table of non-derogable rights to prevent possible abuses of emergency powers.

The CA was called upon to draft the provision at a time when the parameters of the rights referred to were uncertain and had not yet been the subject of judicial determination.The objective of the present study was to contribute to an understanding of the interactions between the police and the larger justice system, to record perceptions of the justice system, and to identify those initiatives that have been taken in an attempt to improve the efficiency and effectiveness of the police.

Also behind the scenes, the Florida Supreme Court justices oversee the entire state courts system (with approximately 1, judges and hundreds of court personnel), The Florida Bar (with approximately , lawyers), and the Florida Board of Bar Examiners.

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Evaluation of the National Flagging System Program