Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-10-03

and that in Canada they usually get
jury in that time finish the trial
In day and hang or imprison the
murderer within the year.
! thought would ask that Judge
about this. He turned out to he a
very distinguished iudCe-Mr. Justice
William RenwiCk RiddeIl, Justice ot
appeal Of the Supreme Court Of
Ontario. Justice Riddell is one Of the
most distinguished lawyers in Canada
His eminence as q Judge followed his
high position at the bar. For before
he was elevated to the Kings bench
he enjoyed probably the largest prac'
tice Of any counsel Of his time. He
has had experience in examining
public affairs, for he was engaged as
counsel by the city of Toronto when
great public Irregularities were
charged and investigated. and later he
represented the government of Ontario
In a similar probe of widespread public
corruption.
He is known as the leading All.
thority on the constitutional law ri
his own country. And he Is well
known in this country. where he has
lectured before many universities and
bar associations on various legal
topics. He Is we'll qualified. therefore
10 explain the legal machinery by
which criminal trials are promptly
and effectively disposed NJ in Canada
| was prompted to so to Justice Rid.
dell because Of the widespread
criticism of the Weaknesses Of our own
criminal law administration and OF
the tnnumerable DELAYS. technicalities
bubbles and even chicanery by which
our eR4Anal courts are turned into
pnhlN NDoctacles rather than houses
Of iuSG@
Too Poor for Sport.
One of the first things Justice Rid,
dell said to me was:
Canada is too poor TO indulge In
this sort of sport"
When 7 called on the noted Justice
al his chambers and proposed NV
question he promptly declared his
unwill1ngneSS to make any com
PARSONS between Canada and the
United States
II haven't the least spirit Of the
missionary In me- he smllingly as
courts. | dare say Your judges know
what is hest for you. and in the end
It is your own business what kind of
courts and trial you will have. But
I will gladly tell YOU what | can about
our courts and methods. and il it
proves useful to your lawmakers. |
will he delighted. And now" he de-
clared. "Ill gladly take the stand and
answer your questions"
accepted this challenge. and put
this one first: DO YOU get such
speedy trials in Canada because your
Judges or your laws are superior or
because your people have a superior
sense ~ Justice
TechnicalitieS Eliminated.
n he quick and certain calls for
team play. II must work smoothly
Anything that causes friction slows
II up. We began by eliminatin
technicalities in our substantive Grim
inal law. In the old days | have
known of prisoner who got off be
cause he was charged with having
feloniously' committed an offense
when in fact the deed was properly
defined as misdemeanor and not a
felony. Now what possible difference
does II make whether the offense is
called a felony or misdemea nor?
That belongs to the scrapheap Of his
torical rubbish out of place in a mod
ern business community
We simplified our procedure For
instance. our old form Of indictment
was often pages long. A slip of a
word and the man got on. regardless
of his guilt. One Of your eminent So
hcitor generals once told me- that he
never saw an indictment In the
United States which he could under
stand on first reading or which he
could not find fault with on the
tenth. All that is gone by the board
here. Our indictment for murder is
three lines long and Is fool-proof. We
think II sufficient II the accused
knows plainly what he is charged
with"
But I wanted TO know how Jury
Is picked in half an hour.
Understand What Trial Is.
This has always been the practice
IN Canada. In the last ANALYSIS il is
due TO the genius of our people and
our conception OF what criminal
trial is. There are only two views in
that regard. One is that a criminal
trial is gar in which the cleverest
man should win. The other is that
II Is solemn investigation by the
state Of serious fact in a sober. in.
tellieent manner.
nder the first theory the trial
Incomes sort Of sport. The pris
oner has SO much IF q start. So
many proceedings are forbidden his
pursuers. He may double and dodge
ana in the end. in spite Of the facts.
escape The whole thing is plav.
game. spectacle. A subject for
lurld neWspa per writing. Petty
technlcalities are invoked. Time is
ot no importance. Only the absorb
ing interest Of the game counts and
Wondering public looks on-and
paws the shot
W mar does this theory lead to- II
accounts for delays at every stage. II
II Is a game. test of wits. then coun.
se' VIII maggie as long as possible
we 'he selection Of jury. bicker
ionG over trial. object and re.oh.
tect. Remember have nothine 10
say against any free people which
adopts that system. II they want IL,
II IS none Of my business.
Trickery Is Barred.
The other theory is what we Ca
nadians have adopted-a criminal
trial is solemn inquiry by the state
into whether the accused is guilty of
a certain offense against H. With us
no lawyer acquires q reputation BY
securing convictions or loses one BY
raining 10 DO So. The prosecutor rep
resents the state. He has no concern
With whether the accused is found
guilty or not. His whole duty is per-
formed when he has brought out all
the facts nd has summed them up
fairly 10 the jury or judge. The prose.
Cutor is expected 70 be scrupulouslv
fair in his handling Of the evidence.
ANY prosecutor who in the heat of
advocacy would endeaVor 10 hiring
about A conviction by an appeal to
sentiment or prejudices of the jury or
nv unfair comment on the evidence
would earn the Reproduction Of his
professional brethren If not stern
rebuke by the trial Judge
Under this theory. everything is
put on the table. The prosecutor does
not try TT trick the accused, the law
var FAR the accused does nnr haNa %