Sunday, February 2, 2014

Society must pay the cost of due process. That is expensive.

R. v. M.J.O., 2005 CanLII 50809:


[1.]         In 1958 I entered law school. In the 1958-59 academic year I enjoyed the great privilege of being taught criminal law by G. Arthur Martin, Q.C. He was probably the finest criminal lawyer in Canadian legal history. I well remember my surprise when, in his opening lecture, he stated to the class that the least expensive way for society to deal with a car thief would be to give him a car. Of course, he was right. But society simply does not accept as justice that a criminal should be rewarded for his acts. The corollary of that position, however, is that society must pay the cost of due process. That is expensive.

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