The Prosecution System of Canada Essay Example | Topics and Well Written Essays - 3000 words

The Prosecution System of Canada - Essay Example This is especially true when it is something that is involving one from the police force's on brotherhood. They are hesitant to act right away, which is evidently obvious in the subsequent case being discussed in this research. In the first case it can be safely assumed that law enforcement is quite aware of interactions involving the distribution of this drug in many areas of Canada yet when they find that it is being carried out for the betterment of those with health issues they often step aside unless unabashed behaviors are found to be quite heavy. The reasons for this are many since the Constitution plays an integral part in how all of this comes into being. The Constitutional rights and the new Charter, of the individual in this first case plays a definitive role in the prosecution process sometimes hindering it and leading to dismissals while at other times assisting the prosecution. There are a number of variables that affect this legal process and none really have the solidity that law enforcement would like. Also, many similar ramifications of this new Charter have an affect on the secondary case in this research as well because this mans Constitutional rights have not been wholly upheld, and pr omises for treatment of his depression not kept totally intact. He has somewhat slipped through the cracks and been looked over. Perhaps this could be due to the fact he has a history of working in the police department and no one assumed his actions would go as far as they did in the case. Chapter 7 of the Constitution protects the rights of those who are very ill, either mentally (such as with severe depression) or with a medical reason so it is seen how this Charter plays a part in both of these cases. There are cases that can provide validity into both of these scenarios, and that can also give the solid reasoning needed to find the answer as to why it is imperative to have a legal understanding of how these types of cases should be handled. In this way an appropriate legal definition can be understood as to how and why legal actions should or should not be carried out. Reverting back to the case involving the usage and distribution of cannabis, Mr. Smith's case is not so different from many others and on these grounds he will more than likely not be held liable for any criminal intent in his business activities so it would be somewhat useless to even attempt to take the case to court based on the concrete evidence that is available. That is, unless it can be proven that his motives are promoting recreational usage as well. The case with the prior police officer is a little more complicated and the following research will show how disregard for treatment of depression, for anyone, can lead to more complications than first perceived. This is even with regard to those who are normally upstanding and law abiding citizens. The Smith Case This case is openly situated around the idea that the distribution of marijuana or cannabis is solely regulated by the MMAR but there remain some restrictions in this area. In this case, as in many others in the past, law enforcement is aware of the transactions going on outside of the regulations of this program yet they do not always enforce any legal penalties, not unless there is a