The impact of the Canadian Charter of Rights and Freedoms on law enforcement, a case study on impaired driving and the Winnipeg Police Service

dc.contributor.authorWhiting, James Malcolmen_US
dc.date.accessioned2007-05-15T15:28:36Z
dc.date.available2007-05-15T15:28:36Z
dc.date.issued1997-01-01T00:00:00Zen_US
dc.degree.disciplinePolitical Studiesen_US
dc.degree.levelMaster of Arts (M.A.)en_US
dc.description.abstractThe Canadian Charter of Rights and Freedoms has had considerable effect on Canada, politically, judicially and socially. One area in particular which has generated notable debate is its impact on policing. Prior to its entrenchment, many members of the law enforcement community opposed it as being an impediment to their efforts and a move towards the 'Americanization' of our criminal justice system. After living with the Charter for nearly fifteen years, we see that two of the areas of public policy most affected have indeed been those of legal rights and criminal procedures. While a popular perception of the Charter is that it undermines the enforcement of criminal law, the analysis here suggests that its influence may vary significantly across policy areas within this field. Focussing on the enforcement of impaired driving in Winnipeg, Manitoba, this study considers procedural changes necessitated by the Charter and/or Charter rulings, the effect of the increasing prominence of drunk driving as a social issue in Canada and police statistics as reflections of local and national trends. It further suggests that the Charter not only demonstrated the potential to impact on police effectiveness, but also coincided with a noticeable shift towards a due-process model of criminal justice. Both of these effects have influenced public and police perceptions of Canadian justice, which will have implications for the future management of the criminal justice system. However, the Charter has not compromised the ability of the police to enforce impaired driving laws.en_US
dc.format.extent7084286 bytes
dc.format.extent184 bytes
dc.format.mimetypeapplication/pdf
dc.format.mimetypetext/plain
dc.identifier.urihttp://hdl.handle.net/1993/1094
dc.language.isoengen_US
dc.rightsopen accessen_US
dc.titleThe impact of the Canadian Charter of Rights and Freedoms on law enforcement, a case study on impaired driving and the Winnipeg Police Serviceen_US
dc.typemaster thesisen_US
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