Dalhousie Law Journal


law enforcement, legal profession, jurisprudence, unequal, Criminal Code, Canadian Charter of Rights and Freedoms


How often has it been said by administrators, politicians and members of the general public that a certain law is good, the problem is that it is not enforced?1 The very form of the question expresses the fact that for the general public and politicians alike, not to mention the legal profession, the law is usually thought of as that which is written in the books. In reality, however, that written law is only part of a much broader legal process which includes the decisions of those charged with the responsibility of enforcement and, indeed, the activities of judges and juries as well.